1.1.................... moves to amend H.F. No. 506 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 609.2231, is amended by adding a
1.4subdivision to read:
1.5 Subd. 8. Reserve officer. A person is guilty of a gross misdemeanor who:
1.6(1) assaults a reserve officer as defined in section 626.84, subdivision 1, paragraph
1.7(e), who is engaged in the performance of official public duties at the direction of, under
1.8the control of, or on behalf of a peace officer or supervising law enforcement officer
1.9or agency; and
1.10(2) should reasonably know that the victim is a reserve officer engaged in the
1.11performance of official public duties of the peace officer, or supervising law enforcement
1.12officer or agency.
1.13EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
1.14committed on or after that date.
1.15 Sec. 2. Minnesota Statutes 2010, section 609.597, is amended to read:
1.16609.597 ASSAULTING OR HARMING POLICE HORSE; PENALTIES.
1.17 Subdivision 1.
Definition. As used in this section, "police horse" means a horse
1.18that has been trained for crowd control and other law enforcement purposes and is used to
1.19assist peace officers
or reserve officers in the performance of their official duties.
1.20 Subd. 2.
Crime. Whoever assaults or intentionally harms a police horse while
1.21the horse is being used or maintained for use by a law enforcement agency
, or while a
1.22reserve officer is operating at the direction of, under the control of, or on behalf of a
1.23peace officer or a law enforcement agency, is guilty of a crime and may be sentenced as
1.24provided in subdivision 3.
2.1 Subd. 3.
Penalties. A person convicted of violating subdivision 2 may be sentenced
2.2as follows:
2.3(1) if a peace officer,
a reserve officer, or any other person suffers great bodily harm
2.4or death as a result of the violation, the person may be sentenced to imprisonment for not
2.5more than five years or to payment of a fine of not more than $10,000, or both;
2.6(2) if the police horse suffers death or great bodily harm as a result of the violation,
2.7or if a peace officer
or a reserve officer suffers demonstrable bodily harm as a result of
2.8the violation, the person may be sentenced to imprisonment for not more than two years
2.9or to payment of a fine of not more than $4,000, or both;
2.10(3) if the police horse suffers demonstrable bodily harm as a result of the violation,
2.11the person may be sentenced to imprisonment for not more than one year and one day
2.12or to payment of a fine of not more than $3,000, or both;
2.13(4) if a peace officer
or a reserve officer is involuntarily unseated from the police
2.14horse or any person, other than the peace officer
or reserve officer, suffers demonstrable
2.15bodily harm as a result of the violation, the person may be sentenced to imprisonment for
2.16not more than one year or to payment of a fine of not more than $3,000, or both;
2.17(5) if a violation other than one described in clauses (1) to (4) occurs, the person
2.18may be sentenced to imprisonment for not more than 90 days or to payment of a fine of
2.19not more than $1,000, or both.
2.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.21committed on or after that date.
2.22 Sec. 3. Minnesota Statutes 2010, section 626.84, subdivision 1, is amended to read:
2.23 Subdivision 1.
Definitions. For purposes of sections
626.84 to
626.863, the
2.24following terms have the meanings given them:
2.25 (a) "Board" means the Board of Peace Officer Standards and Training.
2.26 (b) "Director" means the executive director of the board.
2.27 (c) "Peace officer" means:
2.28 (1) an employee or an elected or appointed official of a political subdivision or
2.29law enforcement agency who is licensed by the board, charged with the prevention and
2.30detection of crime and the enforcement of the general criminal laws of the state and who
2.31has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the
2.32Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan
2.33Transit police officers, Department of Corrections Fugitive Apprehension Unit officers,
2.34and Department of Commerce Insurance Fraud Unit officers, and the statewide coordinator
2.35of the Violent Crime Coordinating Council; and
3.1 (2) a peace officer who is employed by a law enforcement agency of a federally
3.2recognized tribe, as defined in United States Code, title 25, section 450b(e), and who
3.3is licensed by the board.
3.4 (d) "Part-time peace officer" means an individual licensed by the board whose
3.5services are utilized by law enforcement agencies no more than an average of 20 hours per
3.6week, not including time spent on call when no call to active duty is received, calculated
3.7on an annual basis, who has either full powers of arrest or authorization to carry a
3.8firearm while on active duty. The term shall apply even though the individual receives
3.9no compensation for time spent on active duty, and shall apply irrespective of the title
3.10conferred upon the individual by any law enforcement agency.
3.11 (e) "Reserve officer" means an individual whose services are utilized by a law
3.12enforcement agency to provide supplementary assistance at special events, traffic or
3.13crowd control, and administrative or clerical assistance
, and shall include reserve deputies,
3.14special deputies, mounted or unmounted patrols, and all other employees or volunteers
3.15performing reserve officer functions. A reserve officer's duties do not include enforcement
3.16of the general criminal laws of the state, and the officer does not have full powers of arrest
3.17or authorization to carry a firearm on duty.
3.18 (f) "Law enforcement agency" means:
3.19 (1) a unit of state or local government that is authorized by law to grant full powers
3.20of arrest and to charge a person with the duties of preventing and detecting crime and
3.21enforcing the general criminal laws of the state; and
3.22 (2) subject to the limitations in section
626.93, a law enforcement agency of a
3.23federally recognized tribe, as defined in United States Code, title 25, section 450b(e).
3.24 (g) "Professional peace officer education" means a postsecondary degree program,
3.25or a nondegree program for persons who already have a college degree, that is offered by
3.26a college or university in Minnesota, designed for persons seeking licensure as a peace
3.27officer, and approved by the board.
3.28EFFECTIVE DATE.This section is effective August 1, 2011."
3.29Renumber the sections in sequence and correct the internal references
3.30Amend the title accordingly