Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 712-S.F.No. 1821 
           An act relating to crimes; requiring certain driver's 
          manual information; requiring a warning label on 
          replica firearms; expanding the crimes of burglary and 
          aggravated robbery; enhancing penalties for persons 
          who flee a police officer a second or subsequent time; 
          creating the felony offense of terrorizing with a 
          replica firearm; making certain technical corrections 
          to theft and theft-related offenses; requiring local 
          governments to establish pursuit procedures and 
          training requirements; requiring reporting of police 
          pursuits to the department of public safety; amending 
          Minnesota Statutes 1986, sections 171.13, by adding a 
          subdivision; 609.245; 609.487, subdivision 3; 609.582, 
          subdivisions 1, 2, 3, and 4; 609.59; 609.713, by 
          adding a subdivision; 626.843, subdivision 1; and 
          626.845, subdivision 1; Minnesota Statutes 1987 
          Supplement, sections 256.98, subdivision 1; 268.18, 
          subdivision 3; 609.52, subdivision 3; 609.531, 
          subdivision 1; 609.631, subdivision 4; 609.821, 
          subdivision 3; and 628.26; proposing coding for new 
          law in Minnesota Statutes, chapters 325F and 626. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 171.13, is 
amended by adding a subdivision to read: 
    Subd. 1c.  [DRIVER'S MANUAL; FLEEING A PEACE OFFICER.] The 
commissioner shall include in each edition of the driver's 
manual published by the department a section relating to the 
criminal sanctions and forfeiture provisions applicable to 
persons who flee a peace officer in a motor vehicle. 
     Sec. 2.  Minnesota Statutes 1987 Supplement, section 
256.98, subdivision 1, is amended to read:  
    Subdivision 1.  [WRONGFULLY OBTAINING ASSISTANCE.] A person 
who obtains, or attempts to obtain, or aids or abets any person 
to obtain by means of a willfully false statement or 
representation, by intentional concealment of a material fact, 
or by impersonation or other fraudulent device, assistance to 
which the person is not entitled or assistance greater than that 
to which the person is entitled, or who knowingly aids or abets 
in buying or in any way disposing of the property of a recipient 
or applicant of assistance without the consent of the local 
agency with intent to defeat the purposes of sections 256.12, 
256.72 to 256.871, and chapter 256B, or all of these sections is 
guilty of theft and shall be sentenced pursuant to section 
609.52, subdivision 3, clauses (2), (3), (6), and (7). 
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 
268.18, subdivision 3, is amended to read:  
    Subd. 3.  [FALSE REPRESENTATIONS; CONCEALMENT OF FACTS; 
PENALTY.] (a) Whoever obtains, or attempts to obtain, or aids or 
abets any person to obtain by means of a willfully false 
statement or representation, by intentional concealment of a 
material fact, or by impersonation or other fraudulent device, 
benefits to which the person is not entitled or benefits greater 
than that to which the person is entitled under this chapter, or 
under the employment security law of any state or of the federal 
government or of a foreign government, either personally or for 
any other person, shall be guilty of theft and shall be 
sentenced pursuant to section 609.52, subdivision 3, clauses 
(2), (3), (6), and (7).  The amount of the benefits incorrectly 
paid shall be the difference between the amount of benefits 
actually received and the amount which the person would have 
been entitled under state and federal law had the department 
been informed of all material facts. 
    (b) Any employing unit or any officer or agent of an 
employing unit or any other person who makes a false statement 
or representation knowing it to be false, or who knowingly fails 
to disclose a material fact, to prevent or reduce the payment of 
benefits to any individual entitled thereto, or to avoid 
becoming or remaining a subject employer or to avoid or reduce 
any contribution or other payment required from an employing 
unit under this chapter or under the employment security law of 
any state or of the federal government, or who willfully fails 
or refuses to make any such contributions or other payment at 
the time required shall be guilty of a gross misdemeanor unless 
the benefit underpayment, contribution, or other payment 
involved exceeds $250, in which event the person is guilty of a 
felony.  
    (c) Any person who willfully fails to produce or permit the 
inspection or copying of books, papers, records, or memoranda as 
required or when requested under section 268.12, subdivision 8, 
or to furnish any required reports other than contribution 
reports shall be guilty of a gross misdemeanor. 
    Sec. 4.  [325F.81] [REPLICA FIREARMS; WARNING LABEL.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"replica firearm" means a device or object that is not defined 
as a dangerous weapon, and that is a facsimile or toy version 
of, and reasonably appears to be a pistol, revolver, shotgun, 
sawed-off shotgun, rifle, machine gun, rocket launcher, or any 
other firearm. 
    Subd. 2.  [WARNING LABEL REQUIRED.] A person may not in the 
regular course of business offer for sale or sell a replica 
firearm unless it bears a warning label complying with this 
section.  The warning label must be affixed at the time of 
packaging to the replica firearm, or to the package or box 
containing the replica firearm, so that it is clearly visible to 
the buyer. 
    Subd. 3.  [LABEL REQUIREMENTS.] The word "warning" must be 
printed clearly on the label in upper case letters that measure 
at least one-half inch in size centered over the body copy of 
the actual warning.  The warning label copy must be printed in 
letters that measure at least 3/32 of an inch in size.  The 
warning label must be printed in ink that strongly contrasts 
with the background.  The warning label must state the criminal 
penalties under state law that may arise from use of the replica 
firearm, and describe the prohibited activities. 
    Subd. 4.  [ENFORCEMENT.] This section may be enforced by 
the attorney general under section 8.31, but a court may not 
impose a civil penalty of more than $500 for a violation of this 
section. 
    Sec. 5.  Minnesota Statutes 1986, section 609.245, is 
amended to read:  
    609.245 [AGGRAVATED ROBBERY.] 
    Whoever, while committing a robbery, is armed with a 
dangerous weapon or any article used or fashioned in a manner to 
lead the victim to reasonably believe it to be a dangerous 
weapon, or inflicts bodily harm upon another, is guilty of 
aggravated robbery and may be sentenced to imprisonment for not 
more than 20 years or to payment of a fine of not more than 
$35,000, or both. 
    Sec. 6.  Minnesota Statutes 1986, section 609.487, 
subdivision 3, is amended to read:  
    Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
vehicle flees or attempts to flee a peace officer who is acting 
in the lawful discharge of an official duty, and the perpetrator 
knows or should reasonably know the same to be a peace officer, 
may be sentenced to imprisonment for not more than one year or 
to payment of a fine of not more than $3,000, or both.  Whoever 
violates this subdivision a second or subsequent time is guilty 
of a felony and may be sentenced to imprisonment for not more 
than one year and one day or to payment of a fine of not more 
than $3,000, or both. 
    Sec. 7.  Minnesota Statutes 1987 Supplement, section 
609.52, subdivision 3, is amended to read:  
    Subd. 3.  [SENTENCE.] Whoever commits theft may be 
sentenced as follows: 
    (1) to imprisonment for not more than 20 years or to 
payment of a fine of not more than $100,000, or both, if the 
value of the property or services stolen is more than $35,000 
and the conviction is for a violation of subdivision 2, clause 
(3), (4), (15), or (16); or 
    (2) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
value of the property or services stolen exceeds $2,500, or if 
the property stolen was a controlled substance listed in 
schedule 1 or 2 pursuant to section 152.02 with the exception of 
marijuana; or 
    (3) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if: 
    (a) the value of the property or services stolen is more 
than $500 but not more than $2,500; or 
    (b) the property stolen was a controlled substance listed 
in schedule 3, 4, or 5 pursuant to section 152.02; or 
    (c) the value of the property or services stolen is more 
than $200 but not more than $500 and the person has been 
convicted within the preceding five years for an offense under 
this section, section 256.98; 268.18, subdivision 3; 609.24; 
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
609.63; 609.631; or 609.821, or a statute from another state in 
conformity with any of those sections, and the person received a 
felony or gross misdemeanor sentence for the offense, or a 
sentence that was stayed under section 609.135 if the offense to 
which a plea was entered would allow imposition of a felony or 
gross misdemeanor sentence; or 
    (4) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, 
notwithstanding the value of the property or services stolen is 
not more than $200, if any of the following circumstances exist: 
    (a) the property is taken from the person of another or 
from a corpse, or grave or coffin containing a corpse; or 
    (b) the property is a record of a court or officer, or a 
writing, instrument or record kept, filed or deposited according 
to law with or in the keeping of any public officer or office; 
or 
    (c) the property is taken from a burning building or upon 
its removal therefrom, or from an area of destruction caused by 
civil disaster, riot, bombing, or the proximity of battle; or 
    (d) the property consists of public funds belonging to the 
state or to any political subdivision or agency thereof; or 
    (e) the property is a firearm; or 
    (f) the property stolen was a motor vehicle as defined in 
section 609.55; or 
    (5) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
property stolen is an article representing a trade secret; or if 
the property stolen is an explosive or an incendiary device; or 
    (6) to imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both, if the value 
of the property or services stolen is more than $200 but not 
more than $500; or 
    (7) in all other cases where the value of the property or 
services stolen is $200 or less, to imprisonment for not more 
than 90 days or to payment of a fine of not more than $700, or 
both, provided, however, in any prosecution under clauses (1), 
(2), (3), (4), and (13) of subdivision 2 the value of the money 
or property or services received by the defendant in violation 
of any one or more of the above provisions within any six-month 
period may be aggregated and the defendant charged accordingly 
in applying the provisions of this subdivision; provided that 
when two or more offenses are committed by the same person in 
two or more counties, the accused may be prosecuted in any 
county in which one of the offenses was committed for all of the 
offenses aggregated under this paragraph. 
    Sec. 8.  Minnesota Statutes 1987 Supplement, section 
609.531, subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section, the following terms have the meanings given them.  
    (a) "Conveyance device" means a device used for 
transportation in connection with a designated offense and 
includes, but is not limited to, motor vehicles, trailers, 
snowmobiles, airplanes, and vessels.  The term "conveyance 
device" does not include property which is, in fact, itself 
stolen or taken in violation of the law.  
    (b) "Primary container" means a fundamental receptacle 
other than a conveyance device used to store or transport 
property.  
    (c) "Weapon used" means weapons used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (d) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (e) "Contraband property" means property which is illegal 
to possess under Minnesota law.  
    (f) "Appropriate agency" means either the bureau of 
criminal apprehension, Minnesota state patrol, county sheriffs 
and their deputies, or city police departments.  
    (g) "Designated offense" includes:  
    (1) For weapons used:  any violation of this chapter;  
    (2) For all other purposes:  violation of, or an attempt or 
conspiracy to violate, section 609.185; 609.19; 609.195; 609.21; 
609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 
609.255; 609.322, subdivision 1 or 2; 609.342, subdivision 1, 
clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 
609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.521; 
609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 
609.582; 609.59; 609.595; 609.631; section 609.671, subdivisions 
3, 4, and 5; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 
or 617.246, when the violation constitutes a felony.  
    (h) "Communications device or component" means a device or 
system used to facilitate in any manner the creation, storage, 
dissemination, or transmission of data in connection with a 
designated offense and includes computers and computer-related 
components as defined in section 609.87 and any other device or 
system that by means of electric, electronic or magnetic 
impulses may be used to facilitate in any manner the creation, 
storage, dissemination, or transmission of data. 
    Sec. 9.  Minnesota Statutes 1986, section 609.582, 
subdivision 1, is amended to read:  
    Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
enters a building without consent and with intent to commit a 
crime, or enters a building without consent and commits a crime 
while in the building, commits burglary in the first degree and 
may be sentenced to imprisonment for not more than 20 years or 
to payment of a fine of not more than $35,000, or both, if:  
    (a) the building is a dwelling and another person not an 
accomplice is present in it;  
    (b) the burglar possesses, when entering or at any time 
while in the building, any of the following:  a dangerous weapon 
, any article used or fashioned in a manner to lead the victim 
to reasonably believe it to be a dangerous weapon, or an 
explosive when entering or at any time while in the building; or 
    (c) the burglar assaults a person within the building or on 
the building's appurtenant property.  
    Sec. 10.  Minnesota Statutes 1986, section 609.582, 
subdivision 2, is amended to read:  
    Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
building without consent and with intent to commit a crime, or 
enters a building without consent and commits a crime while in 
the building, commits burglary in the second degree and may be 
sentenced to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if:  
    (a) the building is a dwelling;  
    (b) the portion of the building entered contains a banking 
business or other business of receiving securities or other 
valuable papers for deposit or safekeeping and the entry is with 
force or threat of force;  
    (c) the portion of the building entered contains a pharmacy 
or other lawful business or practice in which controlled 
substances are routinely held or stored, and the entry is 
forcible; or 
    (d) when entering or while in the building, the burglar 
possesses a tool to gain access to money or property.  
    Sec. 11.  Minnesota Statutes 1986, section 609.582, 
subdivision 3, is amended to read:  
    Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
building without consent and with intent to steal or commit any 
felony or gross misdemeanor while in the building, or enters a 
building without consent and steals or commits a felony or gross 
misdemeanor while in the building, commits burglary in the third 
degree and may be sentenced to imprisonment for not more than 
five years or to payment of a fine of not more than $10,000, or 
both. 
    Sec. 12.  Minnesota Statutes 1986, section 609.582, 
subdivision 4, is amended to read:  
    Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
building without consent and with intent to commit a misdemeanor 
other than to steal, or enters a building without consent and 
commits a misdemeanor other than to steal while in the building, 
commits burglary in the fourth degree and may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both. 
    Sec. 13.  Minnesota Statutes 1986, section 609.59, is 
amended to read:  
    609.59 [POSSESSION OF BURGLARY OR THEFT TOOLS.] 
    Whoever has in possession any device, explosive, or other 
instrumentality with intent to use or permit the use of the same 
to commit burglary or theft may be sentenced to imprisonment for 
not more than three years or to payment of a fine of not more 
than $5,000, or both.  
    Sec. 14.  Minnesota Statutes 1987 Supplement, section 
609.631, subdivision 4, is amended to read: 
    Subd. 4.  [SENTENCING.] A person who is convicted under 
subdivision 2 or 3 may be sentenced as follows: 
    (1) to imprisonment for not more than 20 years or to 
payment of a fine of not more than $100,000, or both, if the 
forged check or checks are used to obtain or in an attempt to 
obtain, property or services of more than $35,000 or the 
aggregate amount of the forged check or checks is more than 
$35,000; 
    (2) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
forged check or checks are used to obtain or in an attempt to 
obtain, property or services of more than $2,500 or the 
aggregate amount of the forged check or checks is more than 
$2,500; 
    (2) (3) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if: 
    (a) the forged check or checks are used to obtain or in an 
attempt to obtain, property or services of more than $200 but 
not more than $2,500, or the aggregate face amount of the forged 
check or checks is more than $200 but not more than $2,500; or 
    (b) the forged check or checks are used to obtain or in an 
attempt to obtain, property or services of no more than $200, or 
have an aggregate face value of no more than $200, and the 
person has been convicted within the preceding five years for an 
offense under this section, section 609.24; 609.245; 609.52; 
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 
609.821, or a statute from another state in conformity with any 
of those sections, and the person received a felony or gross 
misdemeanor sentence for the offense, or a sentence that was 
stayed under section 609.135 if the offense to which a plea was 
entered would allow imposition of a felony or gross misdemeanor 
sentence; and 
    (3) (4) to imprisonment for not more than one year or to a 
fine of not more than $3,000, or both, if the forged check or 
checks are used to obtain or in an attempt to obtain, property 
or services of no more than $200, or the aggregate face amount 
of the forged check or checks is no more than $200. 
    In any prosecution under this subdivision, the value of the 
checks forged or offered by the defendant in violation of this 
subdivision within any six-month period may be aggregated and 
the defendant charged accordingly in applying the provisions of 
this section.  When two or more offenses are committed by the 
same person in two or more counties, the accused may be 
prosecuted in any county in which one of the checks was forged 
or offered for all of the offenses aggregated under this 
paragraph. 
    Sec. 15.  Minnesota Statutes 1986, section 609.713, is 
amended by adding a subdivision to read:  
    Subd. 3.  (a) Whoever displays, exhibits, brandishes, or 
otherwise employs a replica firearm in a threatening manner, may 
be sentenced to imprisonment for not more than one year and one 
day or to payment of a fine of not more than $3,000, or both, 
if, in doing so, the person either:  
    (1) causes or attempts to cause terror in another person; 
or 
    (2) acts in reckless disregard of the risk of causing 
terror in another person.  
    (b) For purposes of this subdivision, "replica firearm" 
means a device or object that is not defined as a dangerous 
weapon, and that is a facsimile or toy version of, and 
reasonably appears to be a pistol, revolver, shotgun, sawed-off 
shotgun, rifle, machine gun, rocket launcher, or any other 
firearm.  
    Sec. 16.  Minnesota Statutes 1987 Supplement, section 
609.821, subdivision 3, is amended to read:  
    Subd. 3.  [SENTENCE.] A person who commits financial 
transaction card fraud may be sentenced as follows: 
    (1) for a violation of clause (1), (2), (5), or 8 (8) of 
subdivision 2: 
    (i) to imprisonment for not more than 20 years or to 
payment of a fine of not more than $100,000, or both, if the 
value of the property the person obtained or attempted to obtain 
was more than $35,000, or the aggregate amount of the 
transactions under this subdivision was more than $35,000; or 
    (ii) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
value of the property the person obtained or attempted to obtain 
was more than $2,500, or the aggregate amount of the 
transactions under this subdivision was more than $2,500; or 
    (ii) (iii) to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both, if the 
value of the property the person obtained or attempted to obtain 
was more than $200 but not more than $2,500, or the aggregate 
amount of the transactions under this subdivision was more than 
$200 but not more than $2,500; or 
    (iii) (iv) to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both, if the 
value of the property the person obtained or attempted to obtain 
was not more than $200, or the aggregate amount of the 
transactions under this subdivision was not more than $200, and 
the person has previously been convicted within the preceding 
five years for an offense under this section, section 609.24; 
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 
609.625; 609.63; or 609.631, or a statute from another state in 
conformity with any of those sections, and the person received a 
felony or gross misdemeanor sentence for the offense, or a 
sentence that was stayed under section 609.135 if the offense to 
which a plea was entered would allow imposition of a felony or 
gross misdemeanor sentence; or 
    (iv) (v) to imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both, if the value 
of the property the person obtained or attempted to obtain was 
not more than $200, or the aggregate amount of the transactions 
under this subdivision was not more than $200; and 
    (v) (vi) in any prosecution under clauses (i) to (iv) (v), 
the value of the transactions made or attempted within any 
six-month period may be aggregated and the defendant charged 
accordingly in applying the provisions of this section.  When 
two or more offenses are committed by the same person in two or 
more counties, the accused may be prosecuted in any county in 
which one of the card transactions occurred for all of the 
transactions aggregated under this paragraph; 
    (2) for a violation of clause (3) or (4) of subdivision 2, 
to imprisonment for not more than three years or to payment of a 
fine of not more than $5,000, or both; or 
    (3) for a violation of clause (6) or (7) of subdivision 2: 
    (i) if no property, other than a financial transaction 
card, has been obtained by the defendant by means of the false 
statement or false report, to imprisonment for not more than one 
year or to payment of a fine of not more than $3,000, or both; 
or 
    (ii) if property, other than a financial transaction card, 
is so obtained, in the manner provided in clause (1). 
    Sec. 17.  [626.5532] [PURSUIT OF FLEEING SUSPECTS BY PEACE 
OFFICERS.] 
    Subdivision 1.  [REPORTS.] If a peace officer pursues a 
fleeing suspect, the officer's department head must file a 
notice of the incident with the commissioner of public safety 
within 30 days following the pursuit.  A pursuit must be 
reported under this section if it is a pursuit by a peace 
officer of a motor vehicle being operated in violation of 
section 609.487.  The notice must contain information concerning 
the reason for and circumstances surrounding the pursuit, 
including the alleged offense, the length of the pursuit in 
distance and time, the outcome of the pursuit, any charges filed 
against the suspect as a result of the pursuit, injuries and 
property damage resulting from the pursuit, and other 
information deemed relevant by the commissioner.  
    Subd. 2.  [LOCAL GOVERNMENTS TO ADOPT PROCEDURES AND 
TRAINING REQUIREMENTS.] Each political subdivision and state law 
enforcement agency that employs persons licensed by the peace 
officer standards and training board under section 626.845 must 
establish written procedures to govern the conduct of peace 
officers who are in pursuit of a vehicle being operated in 
violation of section 609.487, and requirements for the training 
of peace officers in conducting pursuits.  The procedures must 
state how peace officers will provide assistance to a person 
injured during the course of a pursuit.  A political subdivision 
or agency that does not establish procedures and requirements by 
October 1, 1989, is subject to licensing sanctions of the peace 
officer standards and training board. 
    Sec. 18.  Minnesota Statutes 1986, section 626.843, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
rules with respect to: 
    (a) The certification of peace officer training schools, 
programs, or courses including training schools for the 
Minnesota state patrol.  Such schools, programs and courses 
shall include those administered by the state, county, school 
district, municipality, or joint or contractual combinations 
thereof, and shall include preparatory instruction in law 
enforcement and minimum basic training courses; 
    (b) Minimum courses of study, attendance requirements, and 
equipment and facilities to be required at each certified peace 
officers training school located within the state; 
    (c) Minimum qualifications for instructors at certified 
peace officer training schools located within this state; 
    (d) Minimum standards of physical, mental and educational 
fitness which shall govern the recruitment and licensing of 
peace officers within the state, by any state, county, 
municipality, or joint or contractual combination thereof, 
including members of the Minnesota state patrol; 
    (e) Minimum standards of conduct which would affect the 
individual's performance of duties as a peace officer; 
    These standards shall be established and published on or 
before July 1, 1979. 
    (f) Minimum basic training which peace officers appointed 
to temporary or probationary terms shall complete before being 
eligible for permanent appointment, and the time within which 
such basic training must be completed following any such 
appointment to a temporary or probationary term; 
    (g) Minimum specialized training which part-time peace 
officers shall complete in order to be eligible for continued 
employment as a part-time peace officer or permanent employment 
as a peace officer, and the time within which the specialized 
training must be completed; 
    (h) Content of minimum basic training courses required of 
graduates of certified law enforcement training schools or 
programs.  Such courses shall not duplicate the content of 
certified academic or general background courses completed by a 
student but shall concentrate on practical skills deemed 
essential for a peace officer.  Successful completion of such a 
course shall be deemed satisfaction of the minimum basic 
training requirement; 
    (i) Grading, reporting, attendance and other records, and 
certificates of attendance or accomplishment; 
    (j) The procedures to be followed by a part-time peace 
officer for notifying the board of intent 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); 
    (k) The establishment, and use by any political subdivision 
or state law enforcement agency which employs persons licensed 
by the board of procedures for investigation and resolution of 
allegations of misconduct by persons licensed by the board.  The 
procedures shall be in writing and shall be established on or 
before October 1, 1984; and 
    (l) The issues that must be considered by each political 
subdivision and state law enforcement agency that employs 
persons licensed by the board in establishing procedures under 
section 17 to govern the conduct of peace officers who are in 
pursuit of a vehicle being operated in violation of section 
609.487, and requirements for the training of peace officers in 
conducting pursuits.  The adoption of specific procedures and 
requirements is within the authority of the political 
subdivision or agency; and 
    (m) Such other matters as may be necessary consistent with 
sections 626.84 to 626.855.  Rules promulgated by the attorney 
general with respect to these matters may be continued in force 
by resolution of the board if the board finds the rules to be 
consistent with sections 626.84 to 626.855. 
    Sec. 19.  Minnesota Statutes 1986, section 626.845, 
subdivision 1, is amended to read:  
    Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
the following powers and duties: 
    (a) To certify peace officers' training schools or programs 
administered by state, county and municipalities located within 
this state in whole or in part no later than 90 days after 
receipt of an application for certification.  The reasons for 
noncertification of any school or program or part thereof shall 
be transmitted to the school within 90 days and shall contain a 
detailed explanation of the reasons for which the school or 
program was disapproved and an explanation of what supporting 
material or other requirements are necessary for the board to 
reconsider.  Disapproval of a school or program shall not 
preclude the reapplication for certification of the school or 
program; 
    (b) To issue certificates to schools, and to revoke such 
certification when necessary to maintain the objectives and 
purposes of sections 626.841 to 626.855; 
    (c) To certify, as qualified, instructors at peace officer 
training schools, and to issue appropriate certificates to such 
instructors; 
    (d) To license peace officers who have satisfactorily 
completed certified basic training programs, and passed 
examinations as required by the board; 
    (e) To cause studies and surveys to be made relating to the 
establishment, operation, and approval of state, county, and 
municipal peace officer training schools; 
    (f) To consult and cooperate with state, county, and 
municipal peace officer training schools for the development of 
in-service training programs for peace officers; 
    (g) To consult and cooperate with universities, colleges, 
and area vocational technical institutes for the development of 
specialized courses of instruction and study in the state for 
peace officers and part-time peace officers in police science 
and police administration; 
    (h) To consult and cooperate with other departments and 
agencies of the state and federal government concerned with 
peace officer standards and training; 
    (i) To perform such other acts as may be necessary and 
appropriate to carry out the powers and duties as set forth in 
the provisions of sections 626.841 to 626.855; 
    (j) To coordinate the provision, on a regional basis, of 
skills oriented basic training courses to graduates of certified 
law enforcement training schools or programs;  
    (k) To obtain criminal conviction data for persons seeking 
a license to be issued or possessing a license issued by the 
board.  The board shall have authority to obtain criminal 
conviction data to the full extent that any other law 
enforcement agency, as that term is defined by state or federal 
law, has to obtain the data;  
    (l) To prepare and transmit annually to the governor and 
the legislature a report of its activities with respect to 
allocation of moneys appropriated to it for peace officers 
training, including the name and address of each recipient of 
money for that purpose, the amount awarded, and the purpose of 
the award; and 
    (m) To assist and cooperate with any political subdivision 
or state law enforcement agency which employs persons licensed 
by the board to establish written procedures for the 
investigation and resolution of allegations of misconduct of 
persons licensed by the board, and to enforce licensing 
sanctions for failure to implement such procedures; and 
    (n) To assist and cooperate with political subdivisions and 
state law enforcement agencies that employ persons licensed by 
the board in establishing written procedures to govern the 
conduct of peace officers who are in pursuit of a vehicle in 
violation of section 609.487, and requirements for the training 
of peace officers in conducting pursuits.  The board may impose 
licensing sanctions for failure to establish pursuit procedures 
and training requirements by October 1, 1989. 
     Sec. 20.  Minnesota Statutes 1987 Supplement, section 
628.26, is amended to read:  
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clause (1) or (2) shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.342 to 609.345 if the victim was under the age of 18 years 
at the time the offense was committed, shall be found or made 
and filed in the proper court within seven years after the 
commission of the offense.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(d) (3)(c) shall be 
found or made and filed in the proper court within six years 
after the commission of the offense. 
    (e) Indictments or complaints for violation of section 
609.52, subdivision 2, clause (3), items (a) to (c) and (b), 
(4), (15), or (16), 609.631, or 609.821, where the value of the 
property or services stolen is more than $35,000, shall be found 
or made and filed in the proper court within five years after 
the commission of the offense. 
    (f) Except for violations relating to false material 
statements, representations or omissions, indictments or 
complaints for violations of section 609.671 shall be found or 
made and filed in the proper court within five years after the 
commission of the offense.  
    (g) In all other cases, indictments or complaints shall be 
found or made and filed in the proper court within three years 
after the commission of the offense; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section. 
    Sec. 21.  [EFFECTIVE DATE.] 
    Section 4 is effective January 30, 1989.  Sections 2 to 16, 
and section 20 are effective August 1, 1988, and apply to crimes 
committed on or after that date. 
    Approved May 4, 1988