HF4043

Purpose

This bill clarifies who has powers of law enforcement and strengthens rules against non-peace officers performing duties reserved for licensed officers. It aims to limit certain enforcement actions to peace officers and establish penalties and oversight for anyone who falsely presents themselves as a peace officer or performs peace-officer duties without proper authorization.

Main Provisions

• Powers of law enforcement officers (amending Minnesota Statutes 2024 section 626.862)

  • Only a peace officer or part-time peace officer may:
  • issue a citation in lieu of arrest (unless authorized by ordinance)
  • ask a person to sign a written promise to appear in court
  • take a person into custody as allowed by law
  • draft or present a search warrant or an arrest warrant for court approval
  • draft or present a summary of a criminal investigation to a prosecutor for charging decisions
  • be assigned or accept primary responsibility to investigate criminal activity
  • interview a person suspected of criminal conduct
  • conduct a lineup (in person or using photos/videos)
  • operate a law enforcement emergency vehicle with lights or sirens (except during testing or as allowed by specific law)
  • wear the peace officer uniform or badge (or a replica) that would lead a reasonable person to believe the wearer is a peace officer
  • perform any action that, by agency policy, is to be done exclusively by a peace officer

• Unauthorized practice (amending Minnesota Statutes 2024 section 626.863)

  • A person who is not a peace officer or part-time peace officer is guilty of a misdemeanor if they:
  • represent themselves as a peace officer or perform/attempt to perform duties reserved for licensed peace officers
  • A peace officer who authorizes or knowingly allows such violation is guilty of a misdemeanor
  • The board must investigate violations (and must choose an appropriate law enforcement agency for the investigation, not the agency that is the subject)
  • The attorney general prosecutes violations
  • A person who has previously been convicted of this violation is guilty of a gross misdemeanor

• Administrative note

  • The text provided ends with “Sec. 3.”, but the content of Section 3 is not shown in the material available.

What this bill seeks to accomplish

• Reduce the overlap between non-officers and official law enforcement duties by clearly limiting key powers to peace officers.
• Strengthen the enforcement against unauthorized practice by non-officers posing as peace officers or performing duties they are not licensed to perform.
• Create formal procedures for investigating violations and ensure proper prosecution.

Significant Changes to Existing Law

• Tightens who can perform core law enforcement tasks (e.g., citations, warrants, investigations, lineups, vehicle operation with emergency equipment, and wearing uniforms/badges).
• Establishes penalties for non-peace officers who misrepresent themselves and for peace officers who allow such activity.
• Introduces an oversight and prosecution framework (board investigations and attorney general prosecutions) to handle unauthorized practice violations.

Potential Impacts

• Non-peace officers and untrained individuals may face increased legal risk if they perform or misrepresent law enforcement duties.
• Law enforcement agencies may see clearer boundaries for who can perform specific tasks, potentially affecting training and operations.
• People interacting with individuals claiming to be peace officers may see changes in how such claims are treated legally.

Relevant Terms - peace officer - part-time peace officer - unauthorized practice - misrepresentation as a peace officer - duties reserved for licensed peace officers - misdemeanor - gross misdemeanor - board (police or peace officer board) - investigate / primary responsibility to investigate - summary of a criminal investigation - prosecutor (charging decisions) - arrest warrant - search warrant - citation in lieu of arrest - written promise to appear - lineup (in person or photo/video) - emergency vehicle operation (lights/sirens) - uniform / badge / replica - agency policies - exclusive to peace officers - attorney general prosecutes violations - investigation by an independent or designated agency (not the subject agency)