SF746

Purpose

The bill would require that peace officers in Minnesota be United States citizens and would strengthen how peace officer education, licensing, and conduct are managed. It aims to tighten background checks, create clearer standards for training and certification, and give the state’s Peace Officer Standards and Training (POST) board more authority over schools, licensing, and data about applicants and licensees.

Key Provisions

• Citizenship requirement for licensure

  • The POST board may not issue a peace officer license to an applicant who is not a U.S. citizen.
  • A transition rule lets someone who held a peace officer license before July 1, 2025 continue to work as a licensed officer until June 30, 2027 if they meet all other licensure requirements.

• Board duties and authority (POST Board)

  • The board will certify postsecondary schools to provide professional peace officer education based on board-approved learning objectives.
  • It will issue certificates to schools and can revoke certification if needed to protect the program’s goals.
  • It will license peace officers who meet minimum qualifications, including education and exams.
  • It will develop and administer licensing exams tied to learning objectives and oversee continuing education for ongoing professional competence.
  • It will establish and enforce policies for misconduct investigations and for how agencies handle pursuits (like high-speed vehicle pursuits) and related training.
  • It will oversee rules about the supervision of part-time peace officers and track hours worked.
  • It can require minimum standards of physical, mental, and educational fitness; standards of conduct; and other related matters.
  • It will require driving license qualifications for peace officers and part-time peace officers.
  • It can collect and share data related to licensure, background checks, and disciplinary actions, and must keep data on applicants and licensees.

• Certification of schools and licensing duties (Section 2)

  • The board’s powers include certifying schools, issuing licenses, administering exams, and working with continuing education providers and postsecondary schools to improve peace officer education.
  • The board can obtain criminal conviction data for license applicants and must report annually to the governor on how training funds are used.

• Background checks and background data

  • A new background-investigation requirement is added for anyone applying to be a licensed peace officer or for a position that leads to licensure.
  • The background check must verify that the applicant meets POST’s standards, security standards for access to state and national records, and that the applicant is a U.S. citizen.
  • Agencies can set higher standards if allowed by law, but not lower them.

• Pursuit procedures and training

  • Agencies must consider certain issues when establishing procedures for peace officers who are pursuing a vehicle in violation of law, and these procedures must include training requirements.

Significant Changes to Existing Law

• Citizenship mandate for licensure

  • Peace officer licenses are generally restricted to U.S. citizens, a major shift in who can become a peace officer.

• Transition rule for existing non-citizen officers

  • A limited window allows some non-citizen officers licensed before mid-2025 to continue working through mid-2027 if they meet other requirements.

• Expanded oversight and data sharing

  • The POST board’s role expands to certify schools, license officers, administer exams, set learning objectives, oversee misconduct procedures, and collect or share background data.

• Stronger background checks

  • Background investigations must confirm citizenship and meet security standards for access to criminal justice data.

• Enhanced training and education standards

  • The bill emphasizes education objectives, continuing education, and standardized training for pursuits and other duties.

Practical Impact

• For prospective peace officers: Stronger barrier to licensure due to citizenship requirement and stricter background checks.
• For current officers who are non-citizens (with licenses issued before 2025): May have a temporary path to continue practicing through 2027 under the transition rule.
• For police agencies: More detailed rules and procedures for investigations of misconduct, pursuits, supervision of part-time officers, and documentation of hours worked.
• For POST-certified schools: Clear requirements to meet board-approved learning objectives and ongoing accreditation standards.

Relevant Terms

peace officer, United States citizen, citizenship, POST Board (Board of Peace Officer Standards and Training), licensure, certification, certification of postsecondary schools, professional peace officer education, learning objectives, minimum qualifications, continuing education, licensing examinations, misconduct procedures, pursuit procedures, supervision of part-time peace officers, hours worked, driving license requirements, background investigation, criminal conviction data, data sharing, state and national computerized record systems, section 609.487, transition period, non-citizen license, eligibility standards.