Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 334-H.F.No. 1312 
           An act relating to peace officers; requiring licensure 
          as a prerequisite to exercising the authority of a 
          peace officer; prohibiting persons from 
          misrepresenting themselves as peace officers or 
          part-time peace officers; prescribing penalties; 
          amending Minnesota Statutes 1986, sections 169.98, by 
          adding subdivisions; 367.41, subdivision 1; and 626.84;
          proposing coding for new law in Minnesota Statutes, 
          chapter 626. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.98, is 
amended by adding a subdivision to read:  
    Subd. 1a.  [VEHICLE STOPS.] Except as otherwise permitted 
under sections 221.221 and 299D.06, only a person who is 
licensed as a peace officer, constable, or part-time peace 
officer under sections 626.84 to section 6 may use a motor 
vehicle governed by subdivision 1 to stop a vehicle as defined 
in section 169.01, subdivision 2. 
    Sec. 2.  Minnesota Statutes 1986, section 169.98, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [OPERATION OF MARKED VEHICLES.] Except as 
otherwise permitted under sections 221.221 and 299D.06, a motor 
vehicle governed by subdivision 1 may only be operated by a 
person licensed as a peace officer, constable, or part-time 
peace officer under sections 626.84 to section 6.  This 
prohibition does not apply to the following: 
    (1) a marked vehicle that is operated for maintenance 
purposes only; 
    (2) a marked vehicle that is operated during a skills 
course approved by the peace officers standards and training 
board; 
    (3) a marked vehicle that is operated to transport 
prisoners or equipment; or 
    (4) a marked vehicle that is operated by a reserve officer 
providing supplementary assistance at the direction of the chief 
law enforcement officer or the officer's designee, when a 
licensed peace officer as defined in section 626.84, subdivision 
1, paragraph (c), who is employed by that political subdivision, 
is on duty within the political subdivision. 
   Sec. 3.  Minnesota Statutes 1986, section 367.41, 
subdivision 1, is amended to read:  
    Subdivision 1.  Notwithstanding any general or local law or 
charter to the contrary, any a constable employed on or after 
March 23, 1982, by any a political subdivision of the state of 
Minnesota shall is not be eligible for permanent appointment 
without being licensed by the Minnesota board of peace officer 
standards and training pursuant to under section 626.8463, 
clauses (a) to (c). 
    Sec. 4.  Minnesota Statutes 1986, section 626.84, is 
amended to read:  
    626.84 [DEFINITIONS AND SCOPE.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
626.84 to 626.855 section 6, the following terms shall have the 
meanings given them: 
    (a) "Board" means the Minnesota board of peace officer 
standards and training;. 
    (b) "Director" means the executive director of the board;. 
    (c) "Peace officer" means an employee or an elected or 
appointed official of a political subdivision or state law 
enforcement agency who is licensed by the board, charged with 
the prevention and detection of crime and the enforcement of the 
general criminal laws of the state and who has the full power of 
arrest, and shall also include the Minnesota state patrol and 
state conservation officers. 
    (d) "Constable" shall have has the meaning assigned to it 
in section 367.40. 
    (e) "Deputy constable" shall have has the meaning assigned 
to it in section 367.40. 
    (f) "Part-time peace officer" means an individual licensed 
by the board whose services are utilized by law enforcement 
agencies no more than an average of 20 hours per week, not 
including time spent on call when no call to active duty is 
received, calculated on an annual basis, who has either full 
powers of arrest or authorization to carry a firearm while on 
active duty.  The term shall apply even though the individual 
receives no compensation for time spent on active duty, and 
shall apply irrespective of the title conferred upon the 
individual by any law enforcement agency.  The limitation on the 
average number of hours in which the services of a part-time 
peace officer may be utilized shall not apply to a part-time 
peace officer who has formally notified the board pursuant to 
rules adopted by the board of the part-time peace officer's 
intention to pursue the specialized training for part-time peace 
officers who desire to become peace officers pursuant to 
sections 626.843, subdivision 1, clause (g) and 626.845, 
subdivision 1, clause (g).  
    (g) "Reserve peace officer" means an individual whose 
services are utilized by a law enforcement agency for purposes 
including, but not limited to, providing to provide 
supplementary assistance at special events, traffic or crowd 
control, or and administrative or clerical assistance; provided 
that the individual's.  A reserve officer's duties do not 
include enforcement of the general criminal laws of the 
state unless accompanied by a licensed peace officer; further 
provided that the individual, and the officer does not have full 
powers of arrest or authorization to carry a firearm on 
duty.  The term shall apply even though the individual receives 
no compensation and irrespective of the number of hours worked 
by, or the title conferred upon, the individual by any law 
enforcement agency. 
    (h) "Law enforcement agency" means a unit of state or local 
government that is authorized by law to grant full powers of 
arrest and to charge a person with the duties of preventing and 
detecting crime and enforcing the general criminal laws of the 
state. 
    Subd. 2.  [SCOPE.] Notwithstanding sections 12.03, 
subdivision 4, 12.25, or any other law to the contrary, no 
individual employed or acting as an agent of any political 
subdivision shall be authorized to carry a firearm when on duty 
unless the individual has been licensed pursuant to under 
sections 626.84 to 626.855 section 6.  Nothing herein shall be 
construed as requiring licensure of a security guard as that 
term is defined in section 626.88, subdivision 1, clause (c). 
    Sec. 5.  [626.862] [POWERS OF LAW ENFORCEMENT OFFICERS.] 
    Except as specifically provided by statute, only a peace 
officer, constable, and part-time peace officer may: 
    (1) issue a citation in lieu of arrest or continued 
detention unless specifically authorized by ordinance;  
    (2) ask a person receiving a citation to give a written 
promise to appear in court; or 
    (3) take a person into custody as permitted by section 
629.34. 
    Sec. 6.  [626.863] [UNAUTHORIZED PRACTICE.] 
    (a) A person who is not a peace officer, constable, or 
part-time peace officer is guilty of a misdemeanor if the 
person:  (1) makes a representation of being a peace officer, 
constable, or part-time peace officer, or (2) performs or 
attempts to perform an act, duty, or responsibility reserved by 
law for licensed peace officers, constables, and part-time peace 
officers.  
    (b) The board shall designate the appropriate law 
enforcement agency to investigate violations of this section.  
The attorney general shall prosecute violations of this section. 
    Approved May 29, 1987