| 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 | | 25-00618 as introduced11/18/24 REVISOR KLL/MI |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 746NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: LUCERO) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading01/30/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1shall review the minimum standards of conduct described in this clause for possible |
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| 31 | 31 | | 2.2modification in 1998 and every three years after that time; |
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| 32 | 32 | | 2.3 (7) a set of educational learning objectives that must be met within a certified school's |
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| 33 | 33 | | 2.4professional peace officer education program. These learning objectives must concentrate |
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| 34 | 34 | | 2.5on the knowledge, skills, and abilities deemed essential for a peace officer. Education in |
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| 35 | 35 | | 2.6these learning objectives shall be deemed satisfactory for the completion of the minimum |
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| 36 | 36 | | 2.7basic training requirement; |
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| 37 | 37 | | 2.8 (8) the establishment and use by any political subdivision or state law enforcement |
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| 38 | 38 | | 2.9agency that employs persons licensed by the board of procedures for investigation and |
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| 39 | 39 | | 2.10resolution of allegations of misconduct by persons licensed by the board. The procedures |
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| 40 | 40 | | 2.11shall be in writing and shall be established on or before October 1, 1984; |
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| 41 | 41 | | 2.12 (9) the issues that must be considered by each political subdivision and state law |
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| 42 | 42 | | 2.13enforcement agency that employs persons licensed by the board in establishing procedures |
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| 43 | 43 | | 2.14under section 626.5532 to govern the conduct of peace officers who are in pursuit of a |
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| 44 | 44 | | 2.15vehicle being operated in violation of section 609.487, and requirements for the training of |
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| 45 | 45 | | 2.16peace officers in conducting pursuits. The adoption of specific procedures and requirements |
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| 46 | 46 | | 2.17is within the authority of the political subdivision or agency; |
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| 47 | 47 | | 2.18 (10) supervision of part-time peace officers and requirements for documentation of hours |
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| 48 | 48 | | 2.19worked by a part-time peace officer who is on active duty. These rules shall be adopted by |
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| 49 | 49 | | 2.20December 31, 1993; |
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| 50 | 50 | | 2.21 (11) citizenship requirements for peace officers and part-time peace officers; |
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| 51 | 51 | | 2.22 (12) (11) driver's license requirements for peace officers and part-time peace officers; |
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| 52 | 52 | | 2.23and |
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| 53 | 53 | | 2.24 (13) (12) such other matters as may be necessary consistent with sections 626.84 to |
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| 54 | 54 | | 2.25626.863. Rules promulgated by the attorney general with respect to these matters may be |
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| 55 | 55 | | 2.26continued in force by resolution of the board if the board finds the rules to be consistent |
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| 56 | 56 | | 2.27with sections 626.84 to 626.863. |
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| 57 | 57 | | 2.28 Sec. 2. Minnesota Statutes 2024, section 626.845, subdivision 1, is amended to read: |
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| 58 | 58 | | 2.29 Subdivision 1.Powers and duties.The board shall have the following powers and |
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| 59 | 59 | | 2.30duties: |
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| 60 | 60 | | 2Sec. 2. |
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| 61 | 61 | | 25-00618 as introduced11/18/24 REVISOR KLL/MI 3.1 (1) to certify postsecondary schools to provide programs of professional peace officer |
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| 62 | 62 | | 3.2education based on a set of board-approved professional peace officer education learning |
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| 63 | 63 | | 3.3objectives; |
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| 64 | 64 | | 3.4 (2) to issue certificates to postsecondary schools, and to revoke certification when |
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| 65 | 65 | | 3.5necessary to maintain the objectives and purposes of sections 626.841 to 626.863; |
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| 66 | 66 | | 3.6 (3) to license peace officers who have met the minimum qualifications mandated by |
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| 67 | 67 | | 3.7statute or rule, including education and experience requirements and passed passing all |
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| 68 | 68 | | 3.8required examinations as required by the board; |
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| 69 | 69 | | 3.9 (4) to develop and administer licensing examinations based on the board's learning |
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| 70 | 70 | | 3.10objectives; |
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| 71 | 71 | | 3.11 (5) to consult and cooperate with continuing education providers for the development |
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| 72 | 72 | | 3.12of in-service training programs for peace officers; |
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| 73 | 73 | | 3.13 (6) to consult and cooperate with postsecondary schools for the development and |
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| 74 | 74 | | 3.14improvement of professional peace officer education; |
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| 75 | 75 | | 3.15 (7) to consult and cooperate with other departments and agencies of the state and federal |
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| 76 | 76 | | 3.16government concerned with peace officer standards and training; |
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| 77 | 77 | | 3.17 (8) to perform such other acts as may be necessary and appropriate to carry out the |
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| 78 | 78 | | 3.18powers and duties of sections 626.841 to 626.863; |
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| 79 | 79 | | 3.19 (9) to obtain criminal conviction data for persons seeking a license to be issued or |
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| 80 | 80 | | 3.20possessing a license issued by the board. The board shall have authority to obtain criminal |
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| 81 | 81 | | 3.21conviction data to the full extent that any other law enforcement agency, as that term is |
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| 82 | 82 | | 3.22defined by state or federal law, has to obtain the data; |
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| 83 | 83 | | 3.23 (10) to prepare and transmit annually to the governor a report of its activities with respect |
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| 84 | 84 | | 3.24to allocation of money appropriated to it for peace officers training, including the name of |
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| 85 | 85 | | 3.25each recipient of money for that purpose and the amount awarded; and |
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| 86 | 86 | | 3.26 (11) to assist and cooperate with any political subdivision or state law enforcement |
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| 87 | 87 | | 3.27agency that employs persons licensed by the board to establish written policies as mandated |
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| 88 | 88 | | 3.28by the state pertaining to persons licensed by the board, and to enforce licensing sanctions |
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| 89 | 89 | | 3.29for failure to implement these policies. |
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| 90 | 90 | | 3.30 In addition, the board may maintain data received from law enforcement agencies under |
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| 91 | 91 | | 3.31section 626.87, subdivision 5, provide the data to requesting law enforcement agencies who |
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| 92 | 92 | | 3.32are conducting background investigations, and maintain data on applicants and licensees |
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| 93 | 93 | | 3Sec. 2. |
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| 94 | 94 | | 25-00618 as introduced11/18/24 REVISOR KLL/MI 4.1as part of peace officer license data. The data that may be maintained include the name of |
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| 95 | 95 | | 4.2the law enforcement agency conducting the investigation and data on the candidate provided |
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| 96 | 96 | | 4.3under section 626.87, subdivision 5, clauses (1) and (2). |
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| 97 | 97 | | 4.4 Sec. 3. Minnesota Statutes 2024, section 626.845, is amended by adding a subdivision to |
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| 98 | 98 | | 4.5read: |
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| 99 | 99 | | 4.6 Subd. 4.Citizenship required.(a) Except as provided for in paragraph (b), the board |
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| 100 | 100 | | 4.7may not issue a peace officer license to an applicant who is not a citizen of the United States. |
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| 101 | 101 | | 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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| 102 | 102 | | 4.9States prior to July 1, 2025, the board may continue to license the peace officer until June |
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| 103 | 103 | | 4.1030, 2027, as long as the peace officer meets all other requirements for licensure. |
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| 104 | 104 | | 4.11 Sec. 4. Minnesota Statutes 2024, section 626.87, subdivision 1, is amended to read: |
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| 105 | 105 | | 4.12 Subdivision 1.Background investigation required.(a) A law enforcement agency |
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| 106 | 106 | | 4.13shall conduct a thorough background investigation on an applicant for employment as a |
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| 107 | 107 | | 4.14licensed peace officer or an applicant for a position leading to employment as a licensed |
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| 108 | 108 | | 4.15peace officer before the applicant may be employed. The background investigation must |
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| 109 | 109 | | 4.16determine at a minimum whether the candidate meets the following standards: |
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| 110 | 110 | | 4.17 (1) standards established by the Minnesota Board of Peace Officer Standards and |
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| 111 | 111 | | 4.18Training; and |
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| 112 | 112 | | 4.19 (2) established security standards for access to state and national computerized record |
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| 113 | 113 | | 4.20and communication systems.; and |
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| 114 | 114 | | 4.21 (3) is a citizen of the United States. |
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| 115 | 115 | | 4.22 (b) This requirement does not prevent a law enforcement agency from establishing higher |
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| 116 | 116 | | 4.23standards for law enforcement employees if those standards are not contrary to applicable |
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| 117 | 117 | | 4.24law. |
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| 118 | 118 | | 4Sec. 4. |
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| 119 | 119 | | 25-00618 as introduced11/18/24 REVISOR KLL/MI |
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