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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 16-H.F.No. 556 
                  An act relating to peace officers; authorizing federal 
                  law enforcement officers to exercise their arrest 
                  authority in this state under certain circumstances; 
                  amending Minnesota Statutes 2000, section 626.77. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 626.77, is 
        amended to read: 
           626.77 [PEACE OFFICERS FROM ADJOINING STATES; FEDERAL LAW 
        ENFORCEMENT OFFICERS.] 
           Subdivision 1.  [ARREST AUTHORITY.] A peace officer of a 
        state adjoining Minnesota has and a federal law enforcement 
        officer have the same authority to arrest and hold an individual 
        in custody as has any peace officer of this state if all of the 
        following circumstances are present: 
           (1) the officer enters this state while is on duty and 
        authorized by is acting on a request for assistance by a peace 
        officer of this state; 
           (2) while in this state, the officer acts under the 
        direction of the peace officer to whom the officer is rendering 
        assistance; 
           (3) while in this state, the officer acts in accordance 
        with the rules and regulations of the officer's own appointive 
        or elective authority; and 
           (4) upon effecting an arrest, the officer surrenders 
        custody of the arrested individual to a peace officer of this 
        state without unnecessary delay. 
           Subd. 2.  [TORT LIABILITY; INDEMNIFICATION.] A peace 
        officer from an adjoining state or a federal law enforcement 
        officer who responds to a request for assistance and who acts in 
        accordance with subdivision 1 is serving in the regular line of 
        duty as fully as though the service was within the officer's 
        jurisdiction.  For the purposes of section 3.736 and chapter 
        466, the officer is deemed to be an employee of the elective or 
        appointive agency of the peace officer requesting assistance. 
           Subd. 3.  [DEFINITION.] As used in this section, "federal 
        law enforcement officer" means an officer or employee whether 
        employed inside or outside the state of the Federal Bureau of 
        Investigation, the Drug Enforcement Administration, the United 
        States Marshal Service, the Secret Service, the Bureau of 
        Alcohol, Tobacco, and Firearms, or the Immigration and 
        Naturalization Service, who is responsible for the prevention or 
        detection of crimes or for the enforcement of the United States 
        Code and who is authorized to arrest, with or without a warrant, 
        any individual for a violation of the United States Code. 
           Presented to the governor April 5, 2001 
           Signed by the governor April 9, 2001, 10:23 a.m.