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Office of the Revisor of Statutes

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

                            CHAPTER 291-S.F.No. 3055 
                  An act relating to the metropolitan council; 
                  clarifying the jurisdiction of the metropolitan 
                  transit police; authorizing metropolitan transit 
                  police officers to apply for and execute search 
                  warrants; amending Minnesota Statutes 2000, sections 
                  473.407, subdivisions 1, 2, 3; 626.05, subdivision 2; 
                  Minnesota Statutes 2001 Supplement, sections 626.11; 
                  626.13; repealing Minnesota Statutes 2000, section 
                  473.407, subdivision 4a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 473.407, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION.] The council may appoint 
        peace officers, as defined in section 626.84, subdivision 1, 
        paragraph (c), and establish a law enforcement agency, as 
        defined in section 626.84, subdivision 1, paragraph (h), known 
        as the metropolitan transit police, to police its transit 
        property and routes, to carry out investigations, and to make 
        arrests under sections 629.30 and 629.34.  The jurisdiction of 
        the law enforcement agency is limited to offenses relating to 
        council transit property, equipment, employees, and passengers. 
           Sec. 2.  Minnesota Statutes 2000, section 473.407, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIMITATIONS ARRESTS AND SUBSEQUENT 
        INVESTIGATIONS.] The initial processing of a person arrested by 
        the transit police for an offense within the agency's 
        jurisdiction is the responsibility of the transit police unless 
        otherwise directed by the law enforcement agency with primary 
        jurisdiction.  A subsequent investigation is the responsibility 
        of the law enforcement agency of the jurisdiction in which the 
        crime was committed unless the law enforcement agency authorizes 
        the transit police to assume the subsequent investigation.  The 
        transit police are not authorized to apply for a search warrant 
        as prescribed in section 626.05.  At the request of the primary 
        jurisdiction, the transit police may assist in a subsequent 
        investigation being carried out by the primary jurisdiction.  
        Persons arrested for violations which the transit police 
        determine are not within the agency's jurisdiction must be 
        referred to the appropriate local law enforcement agency for 
        further investigation or disposition. 
           Sec. 3.  Minnesota Statutes 2000, section 473.407, 
        subdivision 3, is amended to read: 
           Subd. 3.  [POLICIES POLICY FOR NOTICE OF INVESTIGATIONS.] 
        Before the council begins to operate its law enforcement agency 
        within a city or county with an existing law enforcement agency, 
        the transit police shall develop, in conjunction with the law 
        enforcement agencies, written policies that describe how the 
        issues of joint jurisdiction will be resolved.  The policies 
        must also address the operation of emergency vehicles by transit 
        police responding to transit emergencies.  These policies must 
        be filed with the board of peace officer standards and training 
        by August 1, 1993.  Revisions of any of these policies must be 
        filed with the board within ten days of the effective date of 
        the revision.  The transit police must develop a policy for 
        notifying the law enforcement agency with primary jurisdiction 
        when it has initiated surveillance or investigation of any 
        person within the jurisdiction of that agency.  The council 
        shall train all of its peace officers regarding the application 
        of these policies this policy. 
           Sec. 4.  Minnesota Statutes 2000, section 626.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PEACE OFFICER.] The term "peace officer," as 
        used in sections 626.04 to 626.17, means a person who is 
        licensed as a peace officer in accordance with section 626.84, 
        subdivision 1, and who serves as a sheriff, deputy sheriff, 
        police officer, constable, conservation officer, agent of the 
        bureau of criminal apprehension, agent of the division of 
        alcohol and gambling enforcement, University of Minnesota peace 
        officer, metropolitan transit police officer, or state patrol 
        trooper as authorized by section 299D.03. 
           Sec. 5.  Minnesota Statutes 2001 Supplement, section 
        626.11, is amended to read: 
           626.11 [ISSUANCE OF WARRANT.] 
           If the judge is satisfied of the existence of the grounds 
        of the application, or that there is probable cause to believe 
        their existence, the judge must issue a signed search warrant, 
        naming the judge's judicial office, to a peace officer having 
        jurisdiction in the area where the place to be searched is 
        located, to an agent of the bureau of criminal apprehension, to 
        an officer of the metropolitan transit police, or to an agent of 
        the division of alcohol and gambling enforcement who is a 
        licensed peace officer as defined in section 626.84, subdivision 
        1, paragraph (c).  The warrant shall direct the officer or agent 
        to search the person or place named for the property or things 
        specified, and to retain the property or things in the officer's 
        or agent's custody subject to order of the court issuing the 
        warrant. 
           Sec. 6.  Minnesota Statutes 2001 Supplement, section 
        626.13, is amended to read: 
           626.13 [SERVICE; PERSONS MAKING.] 
           A search warrant may in all cases be served anywhere within 
        the issuing judge's jurisdiction by any of the officers 
        mentioned in its directions, but by no other person, except in 
        aid of the officer on the officer's requiring it, the officer 
        being present and acting in its execution.  If the warrant is to 
        be served by an agent of the bureau of criminal apprehension, an 
        agent of the division of alcohol and gambling enforcement, a 
        state patrol trooper, a metropolitan transit police officer, or 
        a conservation officer, the agent, state patrol trooper, police 
        officer, or conservation officer shall notify the chief of 
        police of an organized full-time police department of the 
        municipality or, if there is no such local chief of police, the 
        sheriff or a deputy sheriff of the county in which service is to 
        be made prior to execution. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 2000, section 473.407, subdivision 4a, 
        is repealed. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective on the day following final 
        enactment. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:28 p.m.