HF4043 (Legislative Session 94 (2025-2026))
Powers exclusive to law enforcement officers clarified, and authority to investigate the unauthorized practice of law enforcement duties clarified.
Related bill: SF4440
AI Generated Summary
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)
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 05, 2026 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Explicitly states that only a peace officer and part-time peace officer may perform a listed set of actions (e.g., issuing citations, requesting a promise to appear, taking custody, drafting or presenting warrants, preparing or presenting summaries of investigations, conducting lineups, operating emergency vehicles with lights/sirens under defined conditions, and wearing the peace officer uniform/badge or a replica).",
"Clarifies that certain actions must be performed exclusively by a peace officer in accordance with statute and policy."
],
"removed": [
"Eliminates or narrows any interpretation that non-peace officers may perform duties reserved for peace officers."
],
"summary": "This act amends Minnesota Statutes 2024 section 626.862 to clarify and restrict the powers of law enforcement officers to acts reserved for peace officers and part-time peace officers, streamlining authority and reducing ambiguity about who may perform certain law enforcement duties.",
"modified": [
"Revises the scope of powers to more clearly delineate the exclusive duties of peace officers and part-time peace officers."
]
},
"citation": "626.862",
"subdivision": ""
},
{
"analysis": {
"added": [
"Creates or strengthens penalties for unauthorized practice by non-peace officers, including representation as a peace officer or performance of duties reserved for licensed peace officers."
],
"removed": [],
"summary": "This act amends Minnesota Statutes 2024 section 626.863 to address unauthorized practice, criminalizing non-peace officers who represent themselves as peace officers or perform duties reserved for licensed peace officers, and establishing enforcement mechanisms.",
"modified": [
"Requires the board to investigate or designate an appropriate law enforcement agency (not the agency under investigation) to investigate violations, and designates the attorney general to prosecute violations."
]
},
"citation": "626.863",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references Minnesota Statutes section 169.03 to describe permissible contexts under which certain law enforcement actions (such as operating emergency vehicles) may occur, serving as a cross-reference rather than a direct amendment to 169.03.",
"modified": [
"Uses section 169.03 as the basis for allowed circumstances for operating emergency vehicles, effectively clarifying exceptions without altering 169.03 itself."
]
},
"citation": "169.03",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cross-references detention authority under Minnesota Statutes section 629.34, but does not modify 629.34 itself.",
"modified": [
"Cross-references 629.34 in context of detention procedures, with no direct changes to the statute."
]
},
"citation": "629.34",
"subdivision": ""
}
]Progress through the legislative process
In Committee