SF4440 (Legislative Session 94 (2025-2026))
Clarify powers exclusive to law enforcement officers
Related bill: HF4043
AI Generated Summary
Purpose
This bill aims to clarify which powers are exclusively held by peace officers (including part-time peace officers) and to address the unauthorized practice of law enforcement duties by non-officers. It seeks to limit who can perform certain law enforcement actions and to set penalties for pretending to be a peace officer or for allowing someone to do so.
Main Provisions
Powers exclusive to peace officers (626.862, as amended)
- Only a peace officer or part-time peace officer may, unless a statute says otherwise:
- issue a citation in lieu of arrest or continued detention
- ask a person to sign a written promise to appear in court
- take a person into custody
- draft or present a search warrant to a court
- draft or present an arrest warrant to a court
- draft a summary of a criminal investigation or present it to a prosecutor to help decide whether to prosecute
- be assigned or take primary responsibility to investigate criminal activity
- interview a person suspected of criminal conduct
- conduct a lineup (in person or using photo/video)
- operate a law enforcement emergency vehicle with lights/sirens on (except for testing or as allowed by law)
- wear the uniform or badge of a peace officer, or a replica that would lead a reasonable person to believe the wearer is a peace officer
- take any action that, under the employing agency’s policies, is to be performed exclusively by a peace officer
Unauthorized practice of law enforcement duties (626.863)
- A person who is not a peace officer or part-time peace officer commits a misdemeanor if they:
- represent themselves as a peace officer or part-time peace officer, or
- perform or attempt to perform an act, duty, or responsibility reserved for licensed peace officers
- A peace officer who authorizes or knowingly allows someone to violate this section commits a misdemeanor
- The board must investigate violations or appoint an appropriate law enforcement agency (not the agency under investigation) to investigate
- The attorney general prosecutes violations of this section
- A person who violates this section and has a previous conviction for a violation under this section faces a gross misdemeanor
Administration and penalties
- Enforcement involves the board and the attorney general
- Penalties range from misdemeanor to gross misdemeanor for repeat offenses
Significant Changes and Impact
- Clarifies which activities are reserved for licensed peace officers (and part-time peace officers) and removes ambiguity about who may perform key law enforcement tasks.
- Adds a clear prohibition on non-officers representing themselves as peace officers or performing duties reserved for officers, with formal penalties.
- Shifts investigation and prosecution roles to the appropriate bodies (board and attorney general) and introduces accountability for agencies and individuals that allow unauthorized practice.
- Introduces or reinforces penalties for impersonation or unauthorized performance of law enforcement duties, including harsher penalties for repeat violations.
Summary of Notable Terms in the Text
- peace officer
- parttime peace officer
- unauthorized practice
- representation of being a peace officer
- act, duty, or responsibility reserved for licensed peace officers
- misdemeanor
- gross misdemeanor
- board
- attorney general
- investigation
- primary responsibility to investigate
- search warrant
- arrest warrant
- summary of a criminal investigation
- lineup
- emergency vehicle
- emergency lights
- sirens
- uniform
- badge
- replica
- conduct exclusive to a peace officer
- citation in lieu of arrest
- written promise to appear
- detention
Relevant Terms peace officer parttime peace officer unauthorized practice misdemeanor gross misdemeanor board attorney general investigation search warrant arrest warrant summary of a criminal investigation lineup emergency vehicle emergency lights sirens uniform badge replica citation written promise to appear detention act, duty, or responsibility reserved for licensed peace officers
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 12, 2026 | Senate | Action | Introduction and first reading | ||
| March 12, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [
"Explicitly lists and confines citation in lieu of arrest, taking a person into custody, drafting or presenting warrants, drafting a summary of a criminal investigation, interviewing a person suspected of criminal conduct, operating a law enforcement emergency vehicle under specified conditions, wearing a peace officer uniform or badge, and performing other investigative or enforcement activities as exclusive to peace officers."
],
"removed": [],
"summary": "This bill clarifies and reinforces the powers of peace officers, enumerating actions that only a peace officer or part-time peace officer may perform.",
"modified": [
"Renumbers or clarifies that certain activities are to be performed exclusively by peace officers or part-time peace officers; clarifying the scope of authority."
]
},
"citation": "626.862",
"subdivision": ""
},
{
"analysis": {
"added": [
"Creates misdemeanor for a person who is not a peace officer or part-time peace officer to represent themselves as a peace officer or to perform duties reserved for licensed peace officers.",
"Creates misdemeanor for a peace officer who authorizes or knowingly allows a violation of this section.",
"Provides for investigation and prosecution, including designation of an appropriate agency and prosecution by the attorney general, with a gross misdemeanor penalty for prior violations."
],
"removed": [],
"summary": "This bill strengthens unauthorized practice prohibitions by making it a misdemeanor for non-peace officers to misrepresent themselves as peace officers or to perform duties reserved for licensed peace officers; establishes enforcement and penalties.",
"modified": [
"Consolidates and reinforces procedures related to investigation and prosecution of unauthorized practice."
]
},
"citation": "626.863",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cross-references Minnesota Statutes 169.03 to govern the operation of law enforcement emergency vehicles under specified conditions.",
"modified": [
"Incorporates reference to 169.03 as the controlling provision for circumstances under which emergency vehicles may be operated with lights or sirens when not in standard operation (e.g., testing environments or circumstances described in 169.03)."
]
},
"citation": "169.03",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cross-references custody provisions in Minnesota Statutes 629.34 in relation to taking a person into custody.",
"modified": [
"Indicates that custody actions must be conducted as permitted by section 629.34."
]
},
"citation": "629.34",
"subdivision": ""
}
]Progress through the legislative process
In Committee