Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 168-S.F.No. 1324 
                  An act relating to public safety; modifying training 
                  requirements that the rules of the board of private 
                  detective and protective agent services must address; 
                  amending Minnesota Statutes 2000, sections 326.32, 
                  subdivision 1a, by adding a subdivision; 326.3361, 
                  subdivisions 1, 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 326.32, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ARMED WITH A FIREARM.] An individual 
        is "armed employee with a firearm" means an employee of a 
        private detective or protective agent who if at any time in the 
        performance of the employee's individual's duties the individual 
        wears, carries, possesses, or has access to a firearm. 
           Sec. 2.  Minnesota Statutes 2000, section 326.32, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [ARMED WITH A WEAPON.] An individual is "armed 
        with a weapon" if at any time in the performance of the 
        individual's duties the individual wears, carries, possesses, or 
        has access to:  
           (1) a weapon other than a firearm; or 
           (2) an immobilizing or restraining device. 
           Sec. 3.  Minnesota Statutes 2000, section 326.3361, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] The board shall, by rule, 
        prescribe the requirements, duration, contents, and standards 
        for successful completion of certified training programs for 
        license holders, qualified representatives, Minnesota managers, 
        partners, and employees, including: 
           (1) first aid and firearms training required for armed 
        employees, including training in the legal limitations on the 
        justifiable use of force and deadly force as specified in 
        sections 609.06 and 609.065 for those individuals who are armed 
        with a firearm, training in the proper use of, and the risks and 
        dangers arising from the use of, firearms; 
           (2) risks and dangers arising from for those individuals 
        who are armed with a weapon, training in the proper use of, and 
        the risks and dangers arising from the use of, weapons other 
        than firearms, including, but not limited to, bludgeons, 
        nightsticks, batons, chemical weapons, and electronic 
        incapacitation devices, and restraint or immobilization 
        techniques; 
           (3) for those individuals who are armed with a firearm or 
        armed with a weapon, training in first aid and alternatives to 
        the use of force, including advantages to not using force and 
        specifically when force should not be used; 
           (4) for those individuals who are armed with a firearm or 
        armed with a weapon, training in the legal limitations on the 
        justifiable use of force and deadly force as specified in 
        sections 609.06 and 609.065; 
           (4) (5) standards for weapons and equipment issued to or 
        carried or used by license holders, qualified representatives, 
        Minnesota managers, partners, and employees those individuals; 
           (5) (6) preassignment or on-the-job training, or its 
        equivalent, required before applicants may be certified as 
        having completed training; and 
           (6) (7) continuing training for license holders, qualified 
        representatives, Minnesota managers, partners, employees, and 
        armed employees individuals armed with a firearm, and 
        individuals armed with a weapon. 
           Sec. 4.  Minnesota Statutes 2000, section 326.3361, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUIRED CONTENTS.] The rules adopted by the 
        board must require: 
           (1) 12 hours of preassignment or on-the-job certified 
        training within the first 21 days of employment, or evidence 
        that the employee has successfully completed equivalent training 
        before the start of employment; 
           (2) certification by the board of completion of certified 
        training for a license holder, qualified representative, 
        Minnesota manager, partner, and employee to carry or use a 
        firearm, a weapon other than a firearm, or an immobilizing or 
        restraint technique; and 
           (3) six hours a year of certified continuing training for 
        all license holders, qualified representatives, Minnesota 
        managers, partners, and employees, and an additional six hours a 
        year for armed individuals who are armed with firearms or armed 
        with weapons, which must include annual certification of 
        the armed individual. 
           An employee individual may not carry or use a weapon while 
        undergoing on-the-job training under this subdivision. 
           Presented to the governor May 21, 2001 
           Signed by the governor May 24, 2001, 1:45 p.m.