Powers exclusive to law enforcement officers clarified, and authority to investigate the unauthorized practice of law enforcement duties clarified.

A bill for an act

relating to peace officers; clarifying powers exclusive to law enforcement officers;

clarifying the authority to investigate the unauthorized practice of law enforcement

duties; amending Minnesota Statutes 2024, sections 626.862; 626.863.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 626.862, is amended to read:

626.862 POWERS OF LAW ENFORCEMENT OFFICERS.

Except as specifically provided by statute, only a peace officer and part-time peace

officer may:

(1) issue a citation in lieu of arrest or continued detention unless specifically authorized

by ordinance;

(2) ask a person receiving a citation to give a written promise to appear in court;
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or
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(3) take a person into custody as permitted by section
629.34
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.
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;
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(4) draft a search warrant or present a search warrant to a court for approval;

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(5) draft an arrest warrant or present an arrest warrant to a court for approval;

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(6) draft a summary of a criminal investigation or present a summary of a criminal

investigation to a prosecutor for the purpose of allowing a prosecutor to decide whether to

prosecute;

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(7) be assigned or accept the primary responsibility to investigate criminal activity;

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(8) interview a person suspected of having been engaged in criminal conduct;

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(9) conduct a lineup, whether in person or using photographic or video images;

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(10) operate a law enforcement emergency vehicle while emergency lights or sirens are

activated, except when engaged in testing the equipment in a controlled testing environment,

or in a manner or under the circumstances described in section 169.03;

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(11) wear the uniform or badge of a peace officer or a replica of the uniform or badge

of a peace officer that would lead a reasonable person to believe the wearer is a peace officer;

or

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(12) take any action that, pursuant to the policies or practices of the employing law

enforcement agency, are to be performed exclusively by a peace officer.

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Sec. 2.

Minnesota Statutes 2024, section 626.863, is amended to read:

626.863 UNAUTHORIZED PRACTICE.

(a) A person who is not a peace officer or part-time peace officer is guilty of a

misdemeanor if the person: (1) makes a representation of being a peace officer or part-time

peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved

by law for licensed peace officers and part-time peace officers.

(b) A peace officer who authorizes or knowingly allows a person to violate paragraph

(a) is guilty of a misdemeanor.

(c) The board
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shall
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must investigate or
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designate
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the
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an
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appropriate law enforcement

agency
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, which must not be the agency that is the subject of the investigation,
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to investigate

violations of this section. The attorney general shall prosecute violations of this section.

(d) A person who violates this section and who has previously been convicted of a

violation of this section is guilty of a gross misdemeanor.

Sec. 3.
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EFFECTIVE DATE.
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Sections 1 and 2 are effective August 1, 2026.

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