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A bill for an act
relating to public safety; requiring licensing of bail enforcement agents; authorizing
the board of private detective and protective agent services to license bail
enforcement agents; establishing criminal penalties; requiring licensed bail
enforcement agents to retain certain records; prohibiting licensed bail enforcement
agents from enforcing civil immigration laws; amending Minnesota Statutes 2024,
sections 60M.07, by adding a subdivision; 326.32, subdivisions 5, 8, 9, 10, by
adding subdivisions; 326.3311; 326.3331; 326.336, subdivisions 2, 3, 4; 326.3361,
subdivision 2; 326.338, as amended; 326.3381, subdivisions 1, 3, by adding a
subdivision; 326.3382; 326.3383, subdivision 1; 326.3384, subdivision 1, by adding
a subdivision; 326.3385, subdivision 2; 326.3386, subdivisions 1, 2; 326.3387,
subdivision 1; 326.3389; 629.63; proposing coding for new law in Minnesota
Statutes, chapter 326.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 60M.07, is amended by adding a subdivision
to read:
new text begin
Subd. 7a.
new text end
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Contracting with unlicensed person prohibited.
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(a) A producer or surety
must not hire or contract with a bail enforcement agent to arrest a person for whom the
producer or surety is acting as a bonding agent unless the agent has a valid bail enforcement
agent license.
new text end
new text begin
(b) A violation of this subdivision is a gross misdemeanor.
new text end
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 326.32, is amended by adding a subdivision to
read:
new text begin
Subd. 1c.
new text end
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Bail enforcement agent.
new text end
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"Bail enforcement agent" means a person employed
by or contracted with a producer to arrest a person for whom the producer is acting as a
bonding agent.
new text end
Sec. 3.
Minnesota Statutes 2024, section 326.32, subdivision 5, is amended to read:
Subd. 5.
Board review.
"Board review" means the process by which the board reviews
and evaluates private detective
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or
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,
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protective agent
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, or bail enforcement agent
new text end
license
applications.
Sec. 4.
Minnesota Statutes 2024, section 326.32, subdivision 8, is amended to read:
Subd. 8.
Applicant.
"Applicant" means any individual, partnership or corporation who
has made application for a private detective or protective agent license
new text begin
and any individual
who has made application for a bail enforcement agent license
new text end
.
Sec. 5.
Minnesota Statutes 2024, section 326.32, subdivision 9, is amended to read:
Subd. 9.
License.
"License" means a private detective license
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or
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new text begin
,
new text end
a protective agent
license
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, or a bail enforcement agent license
new text end
.
Sec. 6.
Minnesota Statutes 2024, section 326.32, subdivision 10, is amended to read:
Subd. 10.
License holder.
"License holder" means any individual, partnership as defined
in section
323A.0101
, clause (8), or corporation licensed to perform the duties of a private
detective or a protective agent
new text begin
and any individual licensed to perform the duties of a bail
enforcement agent
new text end
.
Sec. 7.
Minnesota Statutes 2024, section 326.32, is amended by adding a subdivision to
read:
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Subd. 10d.
new text end
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Producer.
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"Producer" has the meaning given in section 60M.01, subdivision
12.
new text end
Sec. 8.
Minnesota Statutes 2024, section 326.32, is amended by adding a subdivision to
read:
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Subd. 15.
new text end
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Surety.
new text end
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"Surety" has the meaning given in section 60M.01, subdivision 14.
new text end
Sec. 9.
Minnesota Statutes 2024, section 326.3311, is amended to read:
326.3311 POWERS AND DUTIES.
The board has the following powers and duties:
(1) to receive and review all applications for private detective
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and
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,
new text end
protective agent
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, and
bail enforcement agent
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licenses;
(2) to approve applications for private detective
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and
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new text begin
,
new text end
protective agent
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, and bail
enforcement agent
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licenses and issue, or reissue licenses as provided in sections
326.32
to
326.339
;
(3) to deny applications for private detective
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and
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,
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protective agent
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, and bail enforcement
agent
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licenses if the applicants do not meet the requirements of sections
326.32
to
326.339
;
upon denial of a license application, the board shall notify the applicant of the denial and
the facts and circumstances that constitute the denial; the board shall advise the applicant
of the right to a contested case hearing under chapter 14;
(4) to enforce all laws and rules governing private detectives
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and
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,
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protective agents
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, and
bail enforcement agents
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;
(5) to suspend or revoke the license of a license holder or impose a civil penalty on a
license holder for violations of any provision of sections
326.32
to
326.339
or the rules of
the board;
(6) to investigate and refer for prosecution all criminal violations by individuals and
entities; and
(7) to investigate and refer for prosecution any individuals and entities operating as
private detectives or protective agents without a license.
Sec. 10.
Minnesota Statutes 2024, section 326.3331, is amended to read:
326.3331 RULEMAKING.
The board shall adopt rules under chapter 14 to govern the selection, training, conduct,
discipline, and licensing of private detectives
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and
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,
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protective agents
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, and bail enforcement
agents
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, and any other matters necessary to carry out duties imposed by sections
326.32
to
326.339
.
Sec. 11.
Minnesota Statutes 2024, section 326.336, subdivision 2, is amended to read:
Subd. 2.
Identification card.
An identification card must be issued by the license holder
to each employee
new text begin
in connection with the business of a private detective or protective agent
new text end
.
The card must be in the possession of the employee to whom it is issued at all times. The
identification card must contain the license holder's name, logo (if any), address or Minnesota
office address, and the employee's photograph and physical description. The card must be
signed by the employee and by the license holder, qualified representative, or Minnesota
office manager. The card must be presented upon request.
Sec. 12.
Minnesota Statutes 2024, section 326.336, subdivision 3, is amended to read:
Subd. 3.
Failure to return property.
Any person who shall be issued an identification
card, badge, holster, weapon, shield, or any other equipment bearing the name, trademark
or trade name, or any combination thereof, of any licensed agency
new text begin
in connection with the
business of a private detective or protective agent
new text end
, or indicating that such person is a private
detective, protective agent, or employee of same, who does not return such badge, weapon,
holster, identification card, uniform emblem, or other equipment to the owner thereof within
ten days of the termination of employment, or of receiving a written request to return same,
made by certified mail to the person's last known address, whichever shall last occur, shall
be guilty of a misdemeanor.
Sec. 13.
Minnesota Statutes 2024, section 326.336, subdivision 4, is amended to read:
Subd. 4.
Confidentiality; false statements.
No employee of any license holder
new text begin
engaged
in the business of a private detective or protective agent
new text end
shall divulge to anyone other than
the employer, or as the employer shall direct, except as may be required by law, any
information acquired during such employment in respect of any matter or investigation
undertaken or done by such employer. Any employee who shall make any false statement
in an employment statement or who willfully makes a false report to the employer in respect
to any matter in the course of the employer's business, or who shall otherwise violate the
provisions of this subdivision is guilty of a misdemeanor.
Sec. 14.
Minnesota Statutes 2024, section 326.3361, subdivision 2, is amended to read:
Subd. 2.
Required contents.
new text begin
(a)
new text end
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment
new text begin
in connection with the business of a private detective or protective agent
new text end
, or
evidence that the employee has successfully completed equivalent training before the start
of employment. Notwithstanding any statute or rule to the contrary, this clause is satisfied
if the employee provides a prospective employer with a certificate or a copy of a certificate
demonstrating that the employee successfully completed this training prior to employment
with a different Minnesota licensee and completed this training within three previous calendar
years, or successfully completed this training with a Minnesota licensee while previously
employed with a Minnesota licensee. The certificate or a copy of the certificate is the property
of the employee who completed the training, regardless of who paid for the training or how
training was provided. Upon a current or former employee's request, a current or former
licensed employer must provide a copy of a certificate demonstrating the employee's
successful completion of training to the current or former employee. The current or former
licensed employer must not charge the employee a fee for a copy of the certificate. The
employee who completed the training is entitled to access a copy of the certificate at no
charge according to sections
181.960
to
181.966
. A current or former employer must comply
with sections
181.960
to
181.966
;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
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(b) A person seeking a bail enforcement agent license must complete 12 hours of certified
training or provide evidence that the person has successfully completed equivalent training
before being issued a license. Notwithstanding any statute or rule to the contrary, this
paragraph is satisfied if a person provides the board with a certificate or a copy of a certificate
demonstrating that the person successfully completed the 12 hours of training within three
previous calendar years.
new text end
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(c)
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An individual may not carry or use a weapon while undergoing on-the-job training
under this subdivision.
Sec. 15.
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[326.3362] EDUCATION AND EXAMINATION REQUIREMENTS; BAIL
ENFORCEMENT AGENTS.
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Subdivision 1.
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Education.
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(a) An applicant for a bail enforcement agent license must
complete classroom education and training in subjects pertinent to the duties and
responsibilities of a bail enforcement agent. At a minimum, education must include:
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(1) 20 hours of instruction on relevant laws and regulations, the rights of the accused,
professional ethics, and the apprehension of bail fugitives; and
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(2) 40 hours of instruction on the power of arrest.
new text end
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(b) The board may develop, offer, or certify education courses to satisfy the requirements
under this subdivision and may charge a fee for any education courses that the board offers.
new text end
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(c) The board must consult with the Board of Peace Officer Standards and Training
when developing or reviewing curriculum for training on the power of arrest.
new text end
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Subd. 2.
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Examination.
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(a) The board must establish an examination to determine whether
applicants: (1) have knowledge of laws and regulations relating to bail enforcement; and
(2) have a general and fair understanding of the obligations and duties of the holder of a
bail enforcement agent license.
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(b) The board must conduct a written examination at least twice annually. The board
may charge an examination fee.
new text end
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Subd. 3.
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Continuing education.
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(a) An individual holding a bail enforcement agent
license must complete a minimum of 12 hours of continuing education on the topics described
in subdivision 1, paragraph (a), prior to the renewal of the individual's license.
new text end
new text begin
(b) The board may develop, offer, or certify continuing education courses to satisfy the
requirements under this subdivision and may charge a fee for any continuing education
courses that the board offers.
new text end
Sec. 16.
Minnesota Statutes 2024, section 326.338, as amended by Laws 2025, chapter
35, article 7, section 14, is amended to read:
326.338 PERSONS ENGAGED AS PRIVATE DETECTIVES
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OR
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,
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PROTECTIVE
AGENTS
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, OR BAIL ENFORCEMENT AGENTS
new text end
.
Subdivision 1.
Private detective.
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Persons
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new text begin
A person
new text end
who for a fee, reward, or other
consideration,
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undertake
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undertakes
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any of the following acts for the purpose of obtaining
information for others
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are
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is
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considered to be engaged in the business of a private detective:
(1) investigating crimes or wrongs done or threatened against the government of the
United States or of any state, county, or municipal subdivision thereof;
(2) investigating the identity, habits, conduct, movements, whereabouts, transactions,
reputation, or character of any person or organization;
(3) investigating the credibility of witnesses or other persons;
(4) investigating the location or recovery of lost or stolen property;
(5) investigating the origin of and responsibility for libels, losses, accidents, or damage
or injuries to persons or property;
(6) investigating the affiliation, connection, or relationship of any person, firm, or
corporation with any organization, society, or association, or with any official, representative,
or member thereof;
(7) investigating the conduct, honesty, efficiency, loyalty, or activities of employees,
persons seeking employment, agents, or contractors and subcontractors;
(8) obtaining through investigation evidence to be used before any authorized
investigating committee, board of award, board of arbitration, administrative body, or officer
or in preparation for trial of civil or criminal cases; or
(9) investigating the identity or apprehension of persons suspected of crimes or
misdemeanors.
Subd. 4.
Protective agent.
A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of
new text begin
a
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protective agent:
(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera,
still camera, or a mechanical or electronic device installed or used to prevent or detect
burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads;
(5) providing management and control of crowds for the purpose of safety and protection;
or
(6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section
626.84, subdivision 1
, paragraph (c), or employed by a federal law
enforcement agency.
A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.
new text begin
Subd. 5.
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Bail enforcement agent.
new text end
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A person who for a fee, reward, or other valuable
consideration undertakes any of the following acts is considered to be engaged in the business
of a bail enforcement agent:
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new text begin
(1) arresting a defendant for whom a surety is acting as a bonding agent when the
defendant is about to flee;
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new text begin
(2) arresting a defendant for whom a surety is acting as a bonding agent when the
defendant will not appear as required by the defendant's recognizance;
new text end
new text begin
(3) arresting a defendant for whom a surety is acting as a bonding agent when the
defendant will not perform the conditions of a recognizance; or
new text end
new text begin
(4) taking a defendant for whom a surety is acting as a bonding agent before a judge as
required under section 629.63.
new text end
Sec. 17.
Minnesota Statutes 2024, section 326.3381, subdivision 1, is amended to read:
Subdivision 1.
Prohibition.
No person shall engage in the business of
new text begin
a
new text end
private detective
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or
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new text begin
,
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protective agent,
new text begin
bail enforcement agent,
new text end
or advertise or indicate in any verbal statement
or in written material that the person is so engaged or available to supply those services,
without having first obtained a license as provided in sections
326.32
to
326.339
.
Sec. 18.
Minnesota Statutes 2024, section 326.3381, is amended by adding a subdivision
to read:
new text begin
Subd. 2a.
new text end
new text begin
Application procedure; bail enforcement agent.
new text end
new text begin
(a) Upon receipt of an
application for a private detective or protective agent license, the board shall:
new text end
new text begin
(1) post a notice of the application in the board's office for a period of 20 days and notify
all persons who have requested notification of applications;
new text end
new text begin
(2) conduct an investigation as the board considers necessary to determine the
qualifications of the applicant; and
new text end
new text begin
(3) notify the applicant of the date on which the board will conduct a review of the
license application.
new text end
new text begin
(b) The board shall issue a license upon application to any person qualified under sections
326.32 to 326.339 and under the rules of the board to engage in the business of a bail
enforcement agent.
new text end
new text begin
(c) The license shall remain effective for two years as long as the license holder complies
with sections 326.32 to 326.339, the laws of Minnesota, and the rules of the board.
new text end
Sec. 19.
Minnesota Statutes 2024, section 326.3381, subdivision 3, is amended to read:
Subd. 3.
Disqualification.
(a) No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United
States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery; carjacking; unlawful entry; extortion; defamation; buying
or receiving stolen property; using, possessing, manufacturing, or carrying weapons
unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession,
production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts
which, if done in Minnesota, would be a felony or would be any of the other offenses
provided in this clause and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required
to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
(b) Upon application for a license, the applicant shall submit, as part of the application,
a full set of fingerprints and the applicant's written consent that their fingerprints shall be
submitted to the Bureau of Criminal Apprehension (BCA) and the Federal Bureau of
Investigation (FBI) to determine whether that person has a criminal record. The BCA shall
promptly forward the fingerprints to the FBI and request that the FBI conduct a criminal
history check of each prospective licensee. The Minnesota Board of Private Detective and
Protective Agents Services shall determine if the FBI report indicates that the prospective
licensee or licensee was convicted of a disqualifying offense. The submission to the FBI
shall be coordinated through the BCA. The results of the criminal record check shall be
provided to the board who will determine if the applicant is disqualified from holding a
license under this subdivision.
new text begin
(c) Except as otherwise provided in this paragraph, no individual is qualified to hold a
bail enforcement agent license if a licensing entity in this state or any other jurisdiction has
suspended, canceled, or revoked a license or authorization for the individual to act as a
private detective, protective agent, bail enforcement agent, or peace officer or if the individual
has been subject to any civil, administrative, or criminal penalty for engaging in the business
of a private detective, protective agent, bail enforcement agent, or peace officer. The board
may waive the disqualification under this paragraph if ten years have passed from the date
of the licensing consequence or penalty and the individual shows evidence of rehabilitation.
new text end
Sec. 20.
Minnesota Statutes 2024, section 326.3382, is amended to read:
326.3382 APPLICATION FOR LICENSE.
Subdivision 1.
Application form.
(a) Application for a private detective
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or
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new text begin
,
new text end
protective
agent
new text begin
, or bail enforcement agent
new text end
license shall be made on a form prescribed by the board.
Each applicant shall provide the following information:
(1) the full name, date of birth, and sex of each person signing the application, and the
residences of those persons for the past five years;
(2) all past and present occupations and employers, length of employment, and the name,
address, and telephone numbers of supervisors for all persons signing the application;
(3) the address or a description indicating the location of the place of business of the
applicant;
(4) a statement indicating that each person signing the application has attained the age
of 18;
(5) if the applicant is a corporation, the name of the corporation, the date and place of
incorporation, and the location of its principal place of business or registered office in its
state of incorporation;
deleted text begin
and
deleted text end
new text begin
(6) if the applicant is seeking a bail enforcement agent license:
new text end
new text begin
(i) a copy of any current or former license issued by the board authorizing the person to
engage in the business of a private detective or protective agent or proof of current or former
employment with any entity licensed by the board to engage in the business of a private
detective or protective agent;
new text end
new text begin
(ii) a copy of any current or former license issued by a licensing entity in another
jurisdiction authorizing the person to engage in the business of a private detective or
protective agent or proof of current or former employment with any entity licensed by a
licensing entity in another jurisdiction to engage in the business of a private detective or
protective agent;
new text end
new text begin
(iii) disclosure of whether a licensing entity in this state or any other jurisdiction has
suspended, canceled, or revoked a license or authorization for the person to act as a private
detective, protective agent, bail enforcement agent, or peace officer; and
new text end
new text begin
(iv) disclosure of whether the individual has been subject to any civil, administrative,
or criminal penalty for engaging in the business of a private detective, protective agent, bail
enforcement agent, or peace officer; and
new text end
deleted text begin
(6)
deleted text end
new text begin
(7)
new text end
further facts as may be required by the board to show the good character,
competency, and integrity of each person signing the application
deleted text begin
; and
deleted text end
new text begin
.
new text end
(b) Each application shall be signed and acknowledged as follows:
(1) if the applicant is an individual, by the individual;
(2) if the applicant is a partnership, by each partner, one of whom must be a qualified
representative; or
(3) if the applicant is a corporation, by the chief executive officer, chief financial officer,
and the qualified representative of the corporation. If the principal place of the applicant's
business is outside Minnesota, the application shall also include the signature of the
Minnesota manager.
Subd. 2.
Documents accompanying application.
(a) Each individual signing the
application shall submit:
(1) references, on forms provided by the board, from five persons who have known the
deleted text begin
signer
deleted text end
new text begin
individual
new text end
for at least five years, and who are not related by blood or marriage to the
signer; and
(2) a recent photograph and a full set of fingerprints for each person signing the
application.
(b) If the application is for a private detective license, the individual signing the
application shall submit a statement under oath by a present or previous employer that the
applicant for an individual license, the qualified representative for a partnership or corporate
license, or the Minnesota manager, as appropriate, has been employed as an investigator
for a minimum of 6,000 hours by any of the following:
(1) a licensed private detective agency;
(2) a United States government investigative service;
(3) a city police department or sheriff's office; or
(4) an occupation that, the board finds equivalent in scope, responsibility, and training
to one of the specific occupations listed;
and has the qualifications established in the rules of the board.
(c) If the application is for a protective agent license, each
deleted text begin
person
deleted text end
new text begin
individual
new text end
signing the
application shall submit a statement under oath by a present or previous employer that the
applicant for an individual license, the qualified representative for a partnership or corporate
license, or the Minnesota manager has been employed as an investigator or protective agent
for a minimum of 6,000 hours by any of the following:
(1) a licensed protective agent or licensed private detective, having gained experience
in security systems, audits, and supervision;
(2) a United States government investigative service;
(3) a city police department or sheriff's office; or
(4) an occupation that the board finds equivalent in scope, responsibility, and training
to one of the specific occupations listed;
and has the qualifications established in the rules of the board.
new text begin
(d) If the application is for a bail enforcement agent license, the applicant shall submit:
new text end
new text begin
(1) proof that the applicant has completed the training required under section 326.3361;
new text end
new text begin
(2) proof that the applicant has satisfied the education and examination requirements
under section 326.3362; and
new text end
new text begin
(3) results of a license examination given in the previous 12 months or, for an application
to renew a license, proof of completion of the applicable continuing education requirements.
new text end
Subd. 3.
Proof of insurance.
(a) No license may be issued to a private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective agent
new text begin
, or bail enforcement agent
new text end
applicant until the applicant has complied with
the requirements in this subdivision.
(b) The applicant shall execute a surety bond to the state of Minnesota in the penal sum
of $10,000 and file it with the board. The surety bond must be executed by a company
authorized to do business in the state of Minnesota, must name the applicant as principal,
and must state that the applicant and each of the applicant's employees shall faithfully
observe all of the laws of Minnesota and of the United States and shall pay all damages
suffered by any person by reason of a violation of law by the applicant or by the commission
of any willful and malicious wrong by the applicant in the course of business.
(c) The applicant shall furnish proof, acceptable to the board, of the applicant's ability
to respond in damages for liability on account of accidents or wrongdoings arising out of
the ownership and operation of a private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective agent
new text begin
, or bail enforcement
agent
new text end
business. Compliance with paragraph (d), (e), or (f) is satisfactory proof of financial
responsibility for purposes of this paragraph.
(d) The applicant may file with the board a certificate of insurance demonstrating
coverage for general liability, completed operations, and personal injury. Personal injury
insurance must include coverage for:
(1) false arrest, detention, imprisonment, and malicious prosecution;
(2) libel, slander, defamation, and violation of rights of privacy; and
(3) wrongful entry, eviction, and other invasion of rights of private occupancy.
In the event of a policy cancellation, the insurer will send notice to the board at the same
time that a cancellation request is received from or a notice is sent to the insured.
(e) The applicant may file with the board an annual net worth statement, signed by a
licensed certified public accountant, evidencing that the applicant has a net worth of at least
the following:
(1) for an applicant with no employees, $10,000;
(2) for an applicant with one to ten employees, $15,000;
(3) for an applicant with 11 to 25 employees, $25,000;
(4) for an applicant with 26 to 50 employees, $50,000; or
(5) for an applicant with 51 or more employees, $100,000.
Data indicating with which of the above requirements an applicant must comply is public
data. The contents of the net worth statement are private data on individuals or nonpublic
data, as defined in section
13.02
.
(f) The applicant may file with the board an irrevocable letter of credit from a financial
institution acceptable to the board in the amount listed in the appropriate category in
paragraph (e).
Subd. 4.
License disqualification.
Unlicensed activity will not be considered as legitimate
experience for qualification in being licensed.
new text begin
Except as otherwise provided in section
326.3381, subdivision 3, paragraph (c),
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an individual,
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a
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partnership,
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a
new text end
corporation,
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a
new text end
qualified
representative, or
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a
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Minnesota manager engaged in the business of a private detective
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or
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new text begin
,
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protective agent
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, or bail enforcement agent
new text end
without a license issued by the board is prohibited
from applying for licensing for a period of one year from the date of a finding of the violation.
Subd. 5.
Special protective agent classification.
The board shall establish a special
protective agent license classification that provides that a person described in section
326.338,
subdivision 4
, clause (4), who is otherwise qualified under this section need not meet the
requirements of subdivision 2, paragraph (c).
Subd. 6.
Temporary military license.
The board shall establish a temporary license to
engage in the business of
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a
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private detective
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or
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new text begin
,
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protective agent
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, or bail enforcement agent
new text end
in accordance with section
197.4552
. The fee for the temporary license under this subdivision
for a private detective is $1,000. The fee for a temporary license under this subdivision for
a protective agent is $800.
Sec. 21.
Minnesota Statutes 2024, section 326.3383, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
new text begin
(a)
new text end
The board shall reissue a private detective or protective
agent license to a license holder without further board review, if the license holder who has
complied with all applicable laws and rules:
(1) submits to the board an application for license reissuance on a form prescribed by
the board;
(2) submits to the board a list of all current employees; and
(3) remits the expired license to the board.
new text begin
(b) This section does not apply to a bail enforcement agent license.
new text end
Sec. 22.
Minnesota Statutes 2024, section 326.3384, subdivision 1, is amended to read:
Subdivision 1.
Prohibition.
No license holder or employee of a license holder shall, in
a manner that implies that the person is an employee or agent of a governmental agency,
display on a badge, identification card, emblem, vehicle, uniform, stationery, or in advertising
for private detective
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or
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new text begin
,
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protective agent
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, or bail enforcement agent
new text end
services:
(1) the words "public safety," "police," "highway patrol," "state patrol," "sheriff,"
"trooper," or "law enforcement"; or
(2) the name of a municipality, county, state, or of the United States, or any governmental
subdivision thereof.
Sec. 23.
Minnesota Statutes 2024, section 326.3384, is amended by adding a subdivision
to read:
new text begin
Subd. 1c.
new text end
new text begin
Immigration enforcement prohibited.
new text end
new text begin
(a) A bail enforcement agent must
not engage in efforts to investigate, enforce, or assist in the investigation or enforcement of
any federal civil immigration law or efforts to investigate, enforce, or assist in the
investigation or enforcement of any federal criminal immigration law that penalizes a
person's presence in, entry or reentry to, or employment in, the United States.
new text end
new text begin
(b) A bail enforcement agent must not disclose or provide in writing, verbally, or in any
other manner, personally identifiable information of any bail fugitive that is requested for
purposes of immigration enforcement, except pursuant to a valid judicial warrant or court
order.
new text end
new text begin
(c) According to United States Code, title 8, sections 1373 and 1644, this subdivision
does not prohibit or restrict any governmental entity or official from:
new text end
new text begin
(1) sending to or receiving from federal immigration authorities information regarding
the citizenship or lawful or unlawful immigration status of an individual;
new text end
new text begin
(2) requesting from federal immigration authorities lawful or unlawful immigration
status information of any individual; or
new text end
new text begin
(3) maintaining or exchanging the citizenship or lawful or unlawful immigration status
information of an individual with any other federal, state, or local governmental entity.
new text end
Sec. 24.
Minnesota Statutes 2024, section 326.3385, subdivision 2, is amended to read:
Subd. 2.
Notice of successor.
new text begin
(a)
new text end
A corporate or partnership license holder shall, within
seven days of the death, resignation, or removal of a person signing the license application,
give written notice to the board of the change and the name and address of the successor in
the vacated position.
new text begin
(b)
new text end
Within seven days of the death, resignation, or removal of a person signing the license
application for a partnership or corporate license holder, the successor qualified
representative, partner, Minnesota manager, chief executive officer, or chief financial officer
who shall qualify under the same procedure and criteria, and submit the documents required,
as for an original application.
new text begin
(c) This subdivision does not apply to a bail enforcement agent license issued to an
individual.
new text end
Sec. 25.
Minnesota Statutes 2024, section 326.3386, subdivision 1, is amended to read:
Subdivision 1.
Application fee.
Each applicant for a private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective
agent
new text begin
, or bail enforcement agent
new text end
license shall pay to the board a nonrefundable application
fee, as determined by the board.
Sec. 26.
Minnesota Statutes 2024, section 326.3386, subdivision 2, is amended to read:
Subd. 2.
License fee.
Each applicant for a private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective agent
new text begin
, or bail
enforcement agent
new text end
license shall pay to the board a license fee, as determined by the board.
new text begin
The fee for a bail enforcement agent license must be at least $500 for an initial license and
$250 for a license renewal.
new text end
In the event that an applicant is denied licensing by the board,
one-half of the license fee shall be refunded to the applicant.
Sec. 27.
Minnesota Statutes 2024, section 326.3387, subdivision 1, is amended to read:
Subdivision 1.
Basis for action.
(a) The board may revoke or suspend or refuse to issue
or reissue a private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective agent
new text begin
, or bail enforcement agent
new text end
license if:
(1) the license holder violates a provision of sections
326.32
to
326.339
or a rule adopted
under those sections;
(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the
business of
new text begin
a
new text end
private detective
deleted text begin
or
deleted text end
new text begin
,
new text end
protective agent
new text begin
, or bail enforcement agent
new text end
;
(3) the license holder has made a false statement in an application submitted to the board
or in a document required to be submitted to the board;
(4) the license holder violates an order of the board; or
(5) the individual or entity previously operated without a license.
(b) The board must revoke or suspend or refuse to issue or reissue a protective agent
license if the license holder provides guards or other security personnel to transport prisoners
or any other person arrested on a warrant and the board determines that the license holder
or any employee or agent of the license holder committed an act in any place that, if
committed in Minnesota, would constitute criminal sexual conduct against a person being
transported or committed an act in any place that involved the unreasonable use of force on
a person being transported.
Sec. 28.
Minnesota Statutes 2024, section 326.3389, is amended to read:
326.3389 LICENSES NONTRANSFERABLE
new text begin
; PUBLIC LIST
new text end
.
new text begin
(a)
new text end
A license issued under sections
326.32
to
326.339
may not be transferred.
new text begin
(b) The board must maintain a list of all individuals who have at any time been holders
of bail enforcement agent licenses together with the individuals' license numbers. The list
must be made public and must be posted on the board's public facing website. The public
list must indicate whether each individual's license status is active, inactive, suspended, or
revoked. The board must update the list promptly after a change in the status of an individual's
license.
new text end
Sec. 29.
Minnesota Statutes 2024, section 629.63, is amended to read:
629.63 SURETY ARREST OF DEFENDANT.
new text begin
Subdivision 1.
new text end
new text begin
Arrest authorized.
new text end
new text begin
(a)
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If a surety
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reasonably
new text end
believes that a defendant
for whom the surety is acting as bonding agent (1) is about to flee, (2) will not appear as
required by the defendant's recognizance, or (3) will otherwise not perform the conditions
of the recognizance, the surety may arrest or have
deleted text begin
another person
deleted text end
new text begin
a bail enforcement agent
licensed under sections 326.32 to 326.339
new text end
or the sheriff arrest the defendant.
new text begin
(b)
new text end
If the surety or
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another person
deleted text end
new text begin
a bail enforcement agent
new text end
at the surety's direction
arrests the defendant, the surety or the
deleted text begin
other person
deleted text end
new text begin
bail enforcement agent
new text end
shall take the
defendant before the judge before whom the defendant was required to appear and surrender
the defendant to that judge.
new text begin
(c)
new text end
If the surety wants the sheriff to arrest the defendant, the surety shall deliver a certified
copy of the recognizance under which the defendant is held to the sheriff, with a direction
endorsed on the recognizance requiring the sheriff to arrest the defendant and bring the
defendant before the appropriate judge.
new text begin
(d)
new text end
Upon receiving a certified copy of the recognizance and payment of the sheriff's
fees, the sheriff shall arrest the defendant and bring the defendant before the judge.
new text begin
(e)
new text end
Before a surety who has arrested a defendant who has violated the conditions of
release may personally surrender the defendant to the appropriate judge, the surety shall
notify the sheriff. If the defendant at the hearing before the judge is unable to post increased
bail or meet alternative conditions of release in accordance with
rule 6.03
of the Rules of
Criminal Procedure, the sheriff or a deputy shall take the defendant into custody.
new text begin
Subd. 2.
new text end
new text begin
Documentation requirements.
new text end
new text begin
(a) When making an arrest pursuant to this
section, a licensed bail enforcement agent must possess proper documentation of the authority
to apprehend issued by the surety. The authority to apprehend documentation under this
paragraph must include:
new text end
new text begin
(1) the name of the bail enforcement agent and any fictitious name, if applicable;
new text end
new text begin
(2) the address of the principal office of the bail enforcement agent; and
new text end
new text begin
(3) the name and principal business address of the surety.
new text end
new text begin
(b) Upon the request of the bail fugitive being apprehended, a bail enforcement agent
must provide a copy of the documentation described in paragraph (a) to the bail fugitive,
the bail fugitive's attorney, or another individual indicated by the bail fugitive.
new text end
new text begin
Subd. 3.
new text end
new text begin
Uniform required.
new text end
new text begin
When attempting to apprehend a bail fugitive, a bail
enforcement agent must wear a jacket, shirt, or vest with the words "BAIL BOND
RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT"
displayed in letters at least two inches high across the front or back of the jacket, shirt, or
vest. The words required under this subdivision must not be covered by any other clothing
or equipment and must be of a color contrasting with the background color so that the bail
enforcement agent is easily identifiable.
new text end
new text begin
Subd. 4.
new text end
new text begin
Record retention.
new text end
new text begin
(a) A bail enforcement agent must maintain the following
records:
new text end
new text begin
(1) a copy of the documentation of the authority to apprehend a bail fugitive as described
in subdivision 2, paragraph (a);
new text end
new text begin
(2) a list of all bail fugitives that the bail enforcement agent has been authorized to
apprehend and the identities of the sureties providing authorization for each individual; and
new text end
new text begin
(3) the dates, approximate times, and locations at which the bail enforcement agent
apprehended each bail fugitive.
new text end
new text begin
(b) A bail enforcement agent must retain records under this subdivision for seven years.
new text end
new text begin
Subd. 5.
new text end
new text begin
Notification to local law enforcement.
new text end
new text begin
(a) Except under exigent circumstances,
a bail enforcement agent must notify the local law enforcement agency before attempting
to apprehend a bail fugitive. Notice must be made within six hours of the attempt and must
include:
new text end
new text begin
(1) the name of the bail enforcement agent attempting to apprehend the bail fugitive;
new text end
new text begin
(2) the approximate time at which the bail enforcement agent intends to attempt to
apprehend the bail fugitive; and
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new text begin
(3) the name and suspected location of the bail fugitive.
new text end
new text begin
(b) If exigent circumstance exist and the bail enforcement agent does not provide prior
notification to the local law enforcement agency, the bail enforcement agent must notify
the agency immediately after the apprehension. Upon request of the law enforcement agency,
a bail enforcement agent must submit a detailed explanation of the exigent circumstances
within three working days of the apprehension.
new text end
new text begin
Subd. 6.
new text end
new text begin
Forcible entry prohibited.
new text end
new text begin
A bail enforcement agent must not forcibly enter
a dwelling house except as provided in section 629.39.
new text end
new text begin
Subd. 7.
new text end
new text begin
Firearms.
new text end
new text begin
A bail enforcement agent must not carry a firearm or other weapon
unless the bail enforcement agent has been issued the appropriate permit and is in compliance
with all applicable laws.
new text end
new text begin
Subd. 8.
new text end
new text begin
Violations.
new text end
new text begin
A person who violates this section is guilty of a gross misdemeanor.
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new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end