| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; requiring that peace officers be United States citizens; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 626.843, subdivision 1; 626.845, |
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| 4 | 4 | | 1.4 subdivision 1, by adding a subdivision; 626.87, subdivision 1. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 626.843, subdivision 1, is amended to read: |
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| 7 | 7 | | 1.7 Subdivision 1.Rules required.The board shall adopt rules with respect to: |
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| 8 | 8 | | 1.8 (1) the certification of postsecondary schools to provide programs of professional peace |
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| 9 | 9 | | 1.9officer education; |
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| 10 | 10 | | 1.10 (2) minimum courses of study and equipment and facilities to be required at each certified |
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| 11 | 11 | | 1.11school within the state; |
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| 12 | 12 | | 1.12 (3) minimum qualifications for coordinators and instructors at certified schools offering |
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| 13 | 13 | | 1.13a program of professional peace officer education located within this state; |
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| 14 | 14 | | 1.14 (4) minimum standards of physical, mental, and educational fitness which shall govern |
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| 15 | 15 | | 1.15the admission to professional peace officer education programs and the licensing of peace |
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| 16 | 16 | | 1.16officers within the state, by any state, county, municipality, or joint or contractual |
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| 17 | 17 | | 1.17combination thereof, including members of the Minnesota State Patrol; |
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| 18 | 18 | | 1.18 (5) board-approved continuing education courses that ensure professional competence |
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| 19 | 19 | | 1.19of peace officers and part-time peace officers; |
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| 20 | 20 | | 1.20 (6) minimum standards of conduct which would affect the individual's performance of |
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| 21 | 21 | | 1.21duties as a peace officer. These standards shall be established and published. The board |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR KLL/MI 25-0061811/18/24 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 69 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Harder01/22/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1shall review the minimum standards of conduct described in this clause for possible |
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| 32 | 32 | | 2.2modification in 1998 and every three years after that time; |
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| 33 | 33 | | 2.3 (7) a set of educational learning objectives that must be met within a certified school's |
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| 34 | 34 | | 2.4professional peace officer education program. These learning objectives must concentrate |
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| 35 | 35 | | 2.5on the knowledge, skills, and abilities deemed essential for a peace officer. Education in |
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| 36 | 36 | | 2.6these learning objectives shall be deemed satisfactory for the completion of the minimum |
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| 37 | 37 | | 2.7basic training requirement; |
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| 38 | 38 | | 2.8 (8) the establishment and use by any political subdivision or state law enforcement |
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| 39 | 39 | | 2.9agency that employs persons licensed by the board of procedures for investigation and |
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| 40 | 40 | | 2.10resolution of allegations of misconduct by persons licensed by the board. The procedures |
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| 41 | 41 | | 2.11shall be in writing and shall be established on or before October 1, 1984; |
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| 42 | 42 | | 2.12 (9) the issues that must be considered by each political subdivision and state law |
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| 43 | 43 | | 2.13enforcement agency that employs persons licensed by the board in establishing procedures |
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| 44 | 44 | | 2.14under section 626.5532 to govern the conduct of peace officers who are in pursuit of a |
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| 45 | 45 | | 2.15vehicle being operated in violation of section 609.487, and requirements for the training of |
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| 46 | 46 | | 2.16peace officers in conducting pursuits. The adoption of specific procedures and requirements |
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| 47 | 47 | | 2.17is within the authority of the political subdivision or agency; |
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| 48 | 48 | | 2.18 (10) supervision of part-time peace officers and requirements for documentation of hours |
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| 49 | 49 | | 2.19worked by a part-time peace officer who is on active duty. These rules shall be adopted by |
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| 50 | 50 | | 2.20December 31, 1993; |
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| 51 | 51 | | 2.21 (11) citizenship requirements for peace officers and part-time peace officers; |
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| 52 | 52 | | 2.22 (12) (11) driver's license requirements for peace officers and part-time peace officers; |
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| 53 | 53 | | 2.23and |
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| 54 | 54 | | 2.24 (13) (12) such other matters as may be necessary consistent with sections 626.84 to |
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| 55 | 55 | | 2.25626.863. Rules promulgated by the attorney general with respect to these matters may be |
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| 56 | 56 | | 2.26continued in force by resolution of the board if the board finds the rules to be consistent |
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| 57 | 57 | | 2.27with sections 626.84 to 626.863. |
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| 58 | 58 | | 2.28 Sec. 2. Minnesota Statutes 2024, section 626.845, subdivision 1, is amended to read: |
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| 59 | 59 | | 2.29 Subdivision 1.Powers and duties.The board shall have the following powers and |
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| 60 | 60 | | 2.30duties: |
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| 61 | 61 | | 2Sec. 2. |
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| 62 | 62 | | REVISOR KLL/MI 25-0061811/18/24 3.1 (1) to certify postsecondary schools to provide programs of professional peace officer |
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| 63 | 63 | | 3.2education based on a set of board-approved professional peace officer education learning |
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| 64 | 64 | | 3.3objectives; |
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| 65 | 65 | | 3.4 (2) to issue certificates to postsecondary schools, and to revoke certification when |
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| 66 | 66 | | 3.5necessary to maintain the objectives and purposes of sections 626.841 to 626.863; |
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| 67 | 67 | | 3.6 (3) to license peace officers who have met the minimum qualifications mandated by |
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| 68 | 68 | | 3.7statute or rule, including education and experience requirements and passed passing all |
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| 69 | 69 | | 3.8required examinations as required by the board; |
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| 70 | 70 | | 3.9 (4) to develop and administer licensing examinations based on the board's learning |
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| 71 | 71 | | 3.10objectives; |
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| 72 | 72 | | 3.11 (5) to consult and cooperate with continuing education providers for the development |
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| 73 | 73 | | 3.12of in-service training programs for peace officers; |
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| 74 | 74 | | 3.13 (6) to consult and cooperate with postsecondary schools for the development and |
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| 75 | 75 | | 3.14improvement of professional peace officer education; |
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| 76 | 76 | | 3.15 (7) to consult and cooperate with other departments and agencies of the state and federal |
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| 77 | 77 | | 3.16government concerned with peace officer standards and training; |
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| 78 | 78 | | 3.17 (8) to perform such other acts as may be necessary and appropriate to carry out the |
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| 79 | 79 | | 3.18powers and duties of sections 626.841 to 626.863; |
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| 80 | 80 | | 3.19 (9) to obtain criminal conviction data for persons seeking a license to be issued or |
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| 81 | 81 | | 3.20possessing a license issued by the board. The board shall have authority to obtain criminal |
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| 82 | 82 | | 3.21conviction data to the full extent that any other law enforcement agency, as that term is |
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| 83 | 83 | | 3.22defined by state or federal law, has to obtain the data; |
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| 84 | 84 | | 3.23 (10) to prepare and transmit annually to the governor a report of its activities with respect |
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| 85 | 85 | | 3.24to allocation of money appropriated to it for peace officers training, including the name of |
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| 86 | 86 | | 3.25each recipient of money for that purpose and the amount awarded; and |
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| 87 | 87 | | 3.26 (11) to assist and cooperate with any political subdivision or state law enforcement |
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| 88 | 88 | | 3.27agency that employs persons licensed by the board to establish written policies as mandated |
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| 89 | 89 | | 3.28by the state pertaining to persons licensed by the board, and to enforce licensing sanctions |
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| 90 | 90 | | 3.29for failure to implement these policies. |
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| 91 | 91 | | 3.30 In addition, the board may maintain data received from law enforcement agencies under |
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| 92 | 92 | | 3.31section 626.87, subdivision 5, provide the data to requesting law enforcement agencies who |
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| 93 | 93 | | 3.32are conducting background investigations, and maintain data on applicants and licensees |
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| 94 | 94 | | 3Sec. 2. |
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| 95 | 95 | | REVISOR KLL/MI 25-0061811/18/24 4.1as part of peace officer license data. The data that may be maintained include the name of |
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| 96 | 96 | | 4.2the law enforcement agency conducting the investigation and data on the candidate provided |
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| 97 | 97 | | 4.3under section 626.87, subdivision 5, clauses (1) and (2). |
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| 98 | 98 | | 4.4 Sec. 3. Minnesota Statutes 2024, section 626.845, is amended by adding a subdivision to |
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| 99 | 99 | | 4.5read: |
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| 100 | 100 | | 4.6 Subd. 4.Citizenship required.(a) Except as provided for in paragraph (b), the board |
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| 101 | 101 | | 4.7may not issue a peace officer license to an applicant who is not a citizen of the United States. |
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| 102 | 102 | | 4.8 (b) If the board issued a license to a peace officer who is not a citizen of the United |
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| 103 | 103 | | 4.9States prior to July 1, 2025, the board may continue to license the peace officer until June |
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| 104 | 104 | | 4.1030, 2027, as long as the peace officer meets all other requirements for licensure. |
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| 105 | 105 | | 4.11 Sec. 4. Minnesota Statutes 2024, section 626.87, subdivision 1, is amended to read: |
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| 106 | 106 | | 4.12 Subdivision 1.Background investigation required.(a) A law enforcement agency |
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| 107 | 107 | | 4.13shall conduct a thorough background investigation on an applicant for employment as a |
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| 108 | 108 | | 4.14licensed peace officer or an applicant for a position leading to employment as a licensed |
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| 109 | 109 | | 4.15peace officer before the applicant may be employed. The background investigation must |
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| 110 | 110 | | 4.16determine at a minimum whether the candidate meets the following standards: |
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| 111 | 111 | | 4.17 (1) standards established by the Minnesota Board of Peace Officer Standards and |
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| 112 | 112 | | 4.18Training; and |
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| 113 | 113 | | 4.19 (2) established security standards for access to state and national computerized record |
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| 114 | 114 | | 4.20and communication systems.; and |
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| 115 | 115 | | 4.21 (3) is a citizen of the United States. |
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| 116 | 116 | | 4.22 (b) This requirement does not prevent a law enforcement agency from establishing higher |
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| 117 | 117 | | 4.23standards for law enforcement employees if those standards are not contrary to applicable |
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| 118 | 118 | | 4.24law. |
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| 119 | 119 | | 4Sec. 4. |
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| 120 | 120 | | REVISOR KLL/MI 25-0061811/18/24 |
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