Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 563-H.F.No. 1659 
           An act relating to constables; authorizing town boards 
          to form law enforcement agencies; abolishing the 
          office of constable; authorizing the board of peace 
          officer standards and training to issue peace officer 
          licenses to persons possessing constable licenses; 
          amending Minnesota Statutes 1986, sections 367.40, 
          subdivision 3, and by adding a subdivision; and 
          367.42, subdivision 1, and by adding a subdivision; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 367; repealing Minnesota Statutes 1986, 
          sections 367.41, subdivisions 4 and 5; 367.42, 
          subdivision 2; 626.843, subdivision 1a; and 626.845, 
          subdivision 2; and Minnesota Statutes 1987 Supplement, 
          sections 367.03, subdivision 3; and 367.41, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 367.40, 
subdivision 3, is amended to read:  
    Subd. 3.  "Constable" means any individual employed or 
appointed by a political subdivision and licensed by the board 
of peace officer standards and training on or before the 
effective date of sections 1 to 8, who is charged with the 
prevention and detecting of crime, the enforcement of the 
general criminal laws of the state, and who has full powers of 
arrest.  The term shall apply even though the individual 
exercises powers and duties on a part-time basis with or without 
receipt of compensation. 
    Sec. 2.  Minnesota Statutes 1986, section 367.40, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PART-TIME PEACE OFFICER.] "Part-time peace 
officer" has the meaning assigned to it in section 626.84. 
    Sec. 3.  [367.401] [LAW ENFORCEMENT OFFICERS; APPOINTMENT; 
CONSTABLES; ENDING LICENSURE.] 
    Subdivision 1.  [APPOINTMENT.] The town, by majority vote 
at its annual meeting, may decide to authorize the town board to 
form a law enforcement agency and to appoint law enforcement 
officers.  These positions may be filled by a combination of 
peace officers or part-time peace officers.  The number of 
part-time peace officers must not exceed three. 
    Subd. 2.  [CHIEF LAW ENFORCEMENT OFFICER.] The board of 
supervisors shall designate one of its law enforcement officers 
as the chief law enforcement officer of the agency. 
    Subd. 3.  [RESERVE OFFICERS.] A town may appoint reserve 
officers as defined by section 626.84. 
    Subd. 4.  [REQUIREMENTS.] Those towns that have either 
peace officers or constables, or both, on the effective date of 
sections 1 to 8, are considered to have met the requirements for 
forming a law enforcement agency.  
    Sec. 4.  [367.411] [PEACE OFFICER LICENSE ISSUED TO 
CONSTABLES.] 
    Subdivision 1.  [LICENSE ISSUANCE.] The board of peace 
officer standards and training shall issue a peace officer 
license to a person who possesses a constable license, who is 
employed as a constable on the effective date of sections 1 to 
8, and who makes written application to the board.  
    Subd. 2.  [ABOLITION OF CONSTABLE POSITION.] The position 
of constable is abolished and all constable licenses are 
canceled 30 days after the effective date of sections 1 to 8.  
    Sec. 5.  Minnesota Statutes 1986, section 367.42, 
subdivision 1, is amended to read:  
    Subdivision 1.  Notwithstanding any general or local law or 
charter to the contrary, any deputy constable employed on or 
after March 23, 1982, by a political subdivision town of the 
state of Minnesota shall have has the following powers and 
duties: 
    (a) to have the powers of arrest of a private person; 
    (b) to perform the duties of a constable prescribed by law 
relative to election procedure; 
    (c) to perform the following duties at the direction of the 
county sheriff or constable a peace officer: 
    (i) to inspect communication wire and cable or records of 
such wire and cable pursuant to section 325E.21; 
    (ii) to conduct hotel lien sales pursuant to section 
327.06; and 
    (iii) to conduct public auction sales of unclaimed property 
pursuant to sections 345.04 and 345.05. 
    (d) to arrest any individual who, in the deputy constable's 
presence, commits a violation of the Intoxicating Liquor Act, 
chapter 340; 
    (e) to provide general administrative or clerical 
assistance to county sheriffs, local police departments or 
constables; and 
    (f) to provide traffic or crowd control assistance to 
county sheriffs, local police departments or constables the 
town's law enforcement agency. 
    Sec. 6.  Minnesota Statutes 1986, section 367.42, is 
amended by adding a subdivision to read: 
    Subd. 3.  [CRIMINAL RECORDS CHECK.] No person may be 
employed as a deputy constable unless the person submits proof 
from the sheriff that shows that the sheriff has checked the 
criminal records system and that the applicant has not been 
convicted of a felony within the past ten years. 
    Sec. 7.  [367.43] [CONTINUATION OF DUTIES AND POWERS.] 
    All investigations, law enforcement matters, and other 
business involving a person holding the position of constable 30 
days after the effective date of sections 1 to 8, may be 
conducted and completed by that person holding the successor 
position of peace officer in the same manner and under the same 
terms and conditions, and with the same effect, as though they 
involved a person holding the position of constable before the 
effective date of sections 1 to 8.  
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1986, sections 367.41, subdivisions 4 
and 5; 367.42, subdivision 2; 626.843, subdivision 1a; and 
626.845, subdivision 2; and Minnesota Statutes 1987 Supplement, 
sections 367.03, subdivision 3; and 367.41, subdivision 1, are 
repealed. 
     Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective the day following final 
enactment. 
    Approved April 20, 1988