SF3735

Purpose

This bill tightens rules around impersonating a peace officer in Minnesota. It creates new crimes and increases penalties for impersonation, especially when a firearm is involved, and it requires people who present themselves as peace officers to identify themselves.

Main Provisions

• Impersonating a Peace Officer

  • Defines impersonation as falsely presenting oneself as a peace officer to mislead others.
  • Creates escalating penalties for impersonation attempts and actions, including when the impersonator’s conduct involves law enforcement-style markings or behavior.

• Penalties for Impersonation

  • Subdivision 1: Misdemeanor for intent to mislead another into believing the person is a peace officer (up to 2 years in jail or a fine up to $4,000, or both).
  • Subdivision 2: Gross misdemeanor penalties for certain acts while impersonating (up to 5 years in prison or a fine up to $10,000, or both). Examples include gaining access to a public building without authority or directing others to act; or using a vehicle or equipment that looks like a law enforcement vehicle.
  • Subdivision 3: Felony penalties if:
  • The impersonation occurs within five years after a previous violation, or
  • The impersonator is in possession of a firearm while impersonating (could be up to 10 years in prison and up to $20,000 in fines, or both).

• Enhanced Penalties for Crimes Committed While Impersonating

  • Subdivision 4: If a crime other than impersonation is committed while falsely posing as a peace officer:
  • If the underlying crime is a misdemeanor, the offense can be upgraded to a gross misdemeanor.
  • If the underlying crime is a gross misdemeanor, it can be upgraded to a felony (up to about 3 additional years or up to $15,000 in fines, or both).
  • If the underlying crime is a felony, the maximum penalty for that crime can be increased by up to five years.
  • Enhanced penalties can still be pursued alongside other charges.

• Duty to Identify and Conduct Standards

  • Subdivision 5: People who exercise peace-officer powers (like stopping, detaining, arresting, warrants, investigations) must identify the law enforcement agency or entity employing them, their name, and their identification number.
  • Identification can be satisfied by:
  • Wearing a clearly identifying uniform or displaying a badge/nameplate/patch/label that shows the agency and the officer’s ID.
  • Wearing body armor or tactical gear that clearly identifies the agency and the officer’s ID.
  • Providing identification on request (e.g., a card with the required information).
  • Prohibitions and exceptions:
  • Individuals cannot impersonate peace officers by wearing uniforms marked with the word “police” unless they are licensed by the Board of Peace Officer Standards and Training (POST), are tribal peace officers, or meet certain cross-jurisdiction exemptions (neighboring state officers, emergency management assistance under mutual aid, or similar arrangements).
  • Undercover peace officers are not required to reveal their identity unless detaining someone, arresting someone, or executing a warrant.
  • Penalties and evidentiary impact:
  • Violating the duty to identify can carry misdemeanor penalties, with specific exemptions listed (e.g., POST licensing, tribal status, mutual-aid arrangements).
  • A failure by a peace officer to comply with these identification requirements does not make an arrest unlawful and does not require suppression of evidence obtained during or after an arrest.

Significant Changes to Law

• Higher penalties for impersonation, including when a firearm is involved.
• Creation of new offenses for impersonation conducted in connection with access to public buildings, vehicles, or other law-enforcement-like activities.
• A formal requirement that individuals presenting as peace officers disclose their agency, name, and identification number in many circumstances.
• Clear rules around when undercover officers must reveal identity and when they are exempt.
• Stronger consequences if crimes are committed while pretending to be a peace officer (upgrading to higher categories of offense).
• Explicit protections for the validity of arrests and evidence even if identification rules were not followed by an officer.

Practical Implications

• Potential for deterrence against impersonation and more serious consequences for those who misuse impersonation to commit crimes.
• The identification requirements aim to dissuade the public from confusing impersonators with real officers and to improve accountability.
• The bill clarifies when law enforcement vehicles must clearly appear as such and what constitutes proper identification for officers in the field.
• It preserves some flexibility for undercover operations and intergovernmental mutual-aid arrangements.

Relevant terms

• impersonating a peace officer
• peace officer
• misdemeanor
• gross misdemeanor
• felony
• enhanced penalties
• firearm
• access to a public building
• government facility
• law enforcement vehicle markings
• siren provisions
• badge
• nameplate
• identification patch
• identification number
• uniform
• body armor
• special weapons and tactics (SWAT)
• undercover peace officer
• Board of Peace Officer Standards and Training (POST)
• tribal peace officer
• Emergency Management Assistance Compact (EMAC)
• mutual aid
• arrest
• detaining
• warrants
• investigations
• Minnesota Statutes 2024 section 609.4751
• section 169.64 subdivision 2
• section 169.68
• colorable imitation