Minnesota Legislature
HF 1
as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/14/2020 05:17pm
2.11 2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28
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18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22
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35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18
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A bill for an act
relating to public safety; requiring local units of government to establish law
enforcement citizen oversight councils; specifying powers and duties of the councils
and the responsibilities of local authorities toward them; amending arbitrator
selection for peace officer grievance arbitrations; creating a process to collect and
analyze data on complaints filed against peace officers; providing for a peace
officer discipline report; expanding the membership of the Board of Peace Officer
Standards and Training; establishing a Police-Community Relations Council to
report to and advise the Peace Officer Standards and Training Board; extending
the civil statute of limitations for certain actions by peace officers; tolling the civil
statute of limitations during investigations of peace officers; providing for
revocation of peace officer license for violating use of force policy; prohibiting
warrior-style training for peace officers; prohibiting the use of certain restraints;
requiring law enforcement agencies to update policies regarding the use of force;
establishing a duty for peace officers to intercede when another peace officer is
using unreasonable force; establishing a duty for peace officers to report excessive
force incidents; requiring law enforcement agencies to adopt policies that require
peace officers to intercede when another officer is using unreasonable force;
providing for mandatory reporting of peace officer terminations and resignation;
authorizing residency requirements for peace officers; extending reporting and
use of appropriation for missing and murdered indigenous women task force;
authorizing rulemaking; modifying a peace officer's authority to use deadly force;
assigning prosecutorial authority for peace-officer-involved deaths to the attorney
general; providing for juvenile risk assessments; establishing an independent Use
of Force Investigations Unit within the Bureau of Criminal Apprehension; limiting
the use of money bail for certain offenses; providing critical incident stress
management services; providing for public safety peer counseling; reporting law
enforcement use of force; establishing an Officer-Involved Death Review Board;
establishing a Community-Led Public Safety Coordinator; establishing grants to
promote community-based crisis intervention; establishing grants to promote
community healing; establishing standards for crisis intervention and mental illness
crisis training for peace officers; requiring the development and implementation
of autism training for peace officers; restoring the civil right to vote of an individual
upon release from incarceration or upon sentencing if no incarceration is imposed;
requiring notice; requiring reports; classifying data; appropriating money; amending
Minnesota Statutes 2018, sections 8.01; 13.43, subdivision 9, by adding a
subdivision; 201.014, by adding a subdivision; 201.071, subdivision 1; 260B.176,
by adding a subdivision; 388.051, subdivision 1; 415.16, subdivision 1, by adding
a subdivision; 541.073, subdivision 2; 573.02, subdivision 1; 609.06, subdivision
1, by adding a subdivision; 609.066, subdivision 2, by adding a subdivision;
609.165, subdivision 1; 626.841; 626.8432, subdivision 2; 626.8452, subdivisions
1, 2, by adding a subdivision; 626.8457, subdivision 1; 626.8469; 626.89,
subdivisions 2, 17; 629.53; Minnesota Statutes 2019 Supplement, section 204C.10;
Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7;
article 2, section 28, subdivisions 4, 5; proposing coding for new law in Minnesota
Statutes, chapters 8; 181; 201; 243; 299A; 299C; 541; 626; repealing Minnesota
Statutes 2018, section 181.973.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LAW ENFORCEMENT OVERSIGHT
Section 1.
Minnesota Statutes 2018, section 626.841, is amended to read:
626.841 BOARD; MEMBERS.
The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15deleted text end new text begin 19new text end members:
(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;
(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;
(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;
(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;
(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;
(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; deleted text begin and
deleted text end
(7) deleted text begin twodeleted text end new text begin fournew text end members appointed by the governor from among the general publicnew text begin , of
which at least one member must be a representative of a statewide crime victim coalition,
at least one member must be a person of color, and at least one member must be a resident
of a county other than a metropolitan county as defined in section 473.121, subdivision 4;
and
new text end
new text begin (8) two members appointed by the commissioner of human rights from the general
public, of which one member must be a community organizer nominated by an organization
that organizes direct action campaigns and one member must have experience serving on
a law enforcement agency's civilian review boardnew text end .
A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.
Sec. 2.
new text begin
[626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and membership. new text end
new text begin
The Police-Community Relations
Council is established under the Peace Officer Standards and Training Board. The council
consists of the following 15 members:
new text end
new text begin
(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end
new text begin
(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
new text end
new text begin
(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end
new text begin
(4) the executive director of the Minnesota Sheriff's Association, or a designee;
new text end
new text begin
(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
and
new text end
new text begin
(6) ten community members, of which:
new text end
new text begin
(i) four members shall represent the community-specific boards established under section
257.0768, reflecting one appointment made by each board;
new text end
new text begin
(ii) two members shall be mental health advocates, of which one member shall be
appointed by the Minnesota chapter of the National Alliance on Mental Illness and the other
appointed by the governor's Council on Mental Health;
new text end
new text begin
(iii) two members shall be advocates for victims, of which one member shall be appointed
by the Violence Free Minnesota and the other appointed by the Minnesota Coalition Against
Sexual Assault;
new text end
new text begin
(iv) one member shall represent a community organization that organizes direct action
campaigns and shall be appointed by the commissioner of human rights; and
new text end
new text begin
(v) one member shall have experience serving on a law enforcement agency's civilian
review board and shall be appointed by the commissioner of human rights.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
(a) The council shall:
new text end
new text begin
(1) make recommendations on police-community relations to the board;
new text end
new text begin
(2) review and make disciplinary and policy recommendations to the board on civilian
initiated police misconduct complaints filed with the board;
new text end
new text begin
(3) send written notice and a recommendation for intervention to a chief law enforcement
officer when notified that a peace officer under the command of the chief is determined to
have a pattern of complaints or incidents of excessive use of force under section 626.8435;
and
new text end
new text begin
(4) monitor and make recommendations on peace officer community policing excellence
data collected under section 626.8435.
new text end
new text begin
(b) The council's recommendations to the board under paragraph (a), clause (2), must
be implemented by the board unless two-thirds of the members vote to reject a
recommendation within three months of receiving the recommendation from the council.
new text end
new text begin Subd. 3. new text end
new text begin Organization. new text end
new text begin
The council shall be organized and administered under section
15.059, except that subdivision 2 shall not apply. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The chair may serve in that role for a period of two
years. The executive director of the board shall serve as the council's executive secretary
and is an ex officio, nonvoting member. The council does not expire.
new text end
new text begin Subd. 4. new text end
new text begin Meetings. new text end
new text begin
The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D.
new text end
new text begin Subd. 5. new text end
new text begin Office support. new text end
new text begin
The executive director of the board shall provide the council
with the necessary office space, supplies, equipment, and clerical support to effectively
perform the duties imposed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE
DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The purpose of this section is:
new text end
new text begin
(1) to create data profiles for stakeholders to conduct needs assessments and make
appropriate recommendations to drive improvements in police effectiveness, efficiency,
training, supervision, procedural justice, accountability, and community relations;
new text end
new text begin
(2) for police departments to more effectively manage their risks and improve
transparency; and
new text end
new text begin
(3) for community members and advocates, as well as policy makers, decision makers,
and funders, to have access to accurate relevant information to help improve policing
practices in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Data submission. new text end
new text begin
(a) Beginning January 15, 2021, a chief law enforcement
officer of a law enforcement agency shall submit the following data regarding peace officers
employed by the law enforcement agency to a designated community-based research
organization that has contracted with the Department of Public Safety to monitor the data,
compile the report, and provide the notifications required by this section:
new text end
new text begin
(1) the existence and status of a complaint made against an employed peace officer
including:
new text end
new text begin
(i) the peace officer's unique identifier;
new text end
new text begin
(ii) the nature of the complaint;
new text end
new text begin
(iii) whether the complaint was filed by a member of the public, a law enforcement
agency, or another source;
new text end
new text begin
(iv) whether the complaint resulted in disciplinary action;
new text end
new text begin
(v) the final disposition of a complaint when disciplinary action was taken including:
new text end
new text begin
(A) the specific reason for the action taken; and
new text end
new text begin
(B) data documenting the basis of the action taken, except that data that would identify
confidential sources who are employees of the public body shall not be disclosed; and
new text end
new text begin
(vi) the final disposition of any complaint:
new text end
new text begin
(A) determined to be unfounded or otherwise not sustained;
new text end
new text begin
(B) for which a peace officer was later exonerated; or
new text end
new text begin
(C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end
new text begin
(2) the unique identifier of any peace officer pending criminal prosecution, excluding
traffic violations;
new text end
new text begin
(3) the unique identifier of any peace officer who was terminated due to substantiated
findings of officer misconduct and a summary of the basis for that termination;
new text end
new text begin
(4) the unique identifier of any peace officer whose employment was terminated by
resignation in lieu of termination as a result of officer misconduct, and a summary of the
basis for the action; and
new text end
new text begin
(5) the unique identifier of any peace officer involved in a use of force incident.
new text end
new text begin
(b) For purposes of this section "complaint" means all formally filed allegations involving:
new text end
new text begin
(1) public reported misconduct;
new text end
new text begin
(2) excessive force;
new text end
new text begin
(3) the integrity or truthfulness of an officer;
new text end
new text begin
(4) violations of the law; or
new text end
new text begin
(5) sexual misconduct or harassment.
new text end
new text begin
(c) The board shall establish and publish guidelines, in consultation with the designated
community-based research organization, that are consistent with paragraph (b) on what
constitutes a valid complaint that must be reported under this section.
new text end
new text begin
(d) The reporting requirements in paragraph (a) are in addition to any other officer
discipline reporting requirements established in law. Failure of a chief law enforcement
officer to comply with the reporting requirements established under this section is a violation
of the peace officer professional code of conduct established pursuant to section 626.8457.
new text end
new text begin Subd. 3. new text end
new text begin Data storage and access. new text end
new text begin
(a) The designated community-based research
organization shall maintain the data collected under this section subject to the provisions
of chapter 13, including but not limited to section 13.05, subdivision 5. The civil remedies
and penalties under sections 13.08 and 13.09 may be applied against the designated
community-based research organization if the organization releases not public data in
violation of this section or other applicable provisions of chapter 13.
new text end
new text begin
(b) The designated community-based research organization must establish written
procedures to ensure individuals have access to not public data maintained by the organization
only if authorized in writing by the organization. The ability of authorized individuals to
enter, update, or access not public data maintained by the organization must be limited
through the use of role-based access that corresponds to the official duties or training level
of the individual and the statutory authorization that grants access for a purpose authorized
by this section. All queries and responses, and all actions in which data are entered, updated,
accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in
the audit trail are public, to the extent that the data are not otherwise classified by law, and
must be made available upon request to the Peace Officer Standards and Training Board,
the Police-Community Relations Council, a law enforcement agency, or the subject of the
underlying data.
new text end
new text begin
(c) The Peace Officer Standards and Training Board and the Police-Community Relations
Council must have direct access to both summary and individual data collected under this
section.
new text end
new text begin Subd. 4. new text end
new text begin Updated data. new text end
new text begin
Within 30 days of final disposition of a complaint, as defined
in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law
enforcement agency that employs the officer shall submit a supplemental report containing
the information identified in subdivision 2, clauses (1) to (5).
new text end
new text begin Subd. 5. new text end
new text begin Monitoring data; pattern of misconduct. new text end
new text begin
The designated community-based
research organization must monitor the data on an ongoing basis to collect data on officers
subject to multiple complaints and excessive use of force incidents and, in consultation with
the Police-Community Relations Council, establish criteria for notifying the council when
an officer has been determined to have an excessive number of complaints. If the criteria
for notifying the Police-Community Relations Council are met, the designated
community-based research organization shall notify the council and suggest the need for
an intervention. A notice sent under this subdivision is not available to the public.
new text end
new text begin Subd. 6. new text end
new text begin Confidentiality agreement prohibited. new text end
new text begin
Law enforcement agencies and political
subdivisions are prohibited from entering into a confidentiality agreement that would prevent
disclosure of the data identified in subdivision 2 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end
new text begin Subd. 7. new text end
new text begin Data classification. new text end
new text begin
Data received by the designated community-based research
organization pursuant to subdivisions 2 and 3 is private data on individuals as defined in
section 13.02, subdivision 12, and the data must be maintained according to the statutory
provisions applicable to the data. This classification does not restrict the organization's
authority to publish summary data as defined in section 13.02, subdivision 19.
new text end
new text begin Subd. 8. new text end
new text begin Public report. new text end
new text begin
At least annually, the designated community-based research
organization shall publish a summary of data submitted pursuant to subdivisions 1 and 2.
The board shall make the summary available on the board's website. The summary shall
exclude peace officers' names and license numbers and any other not public data as defined
by section 13.02, subdivision 8a.
new text end
Sec. 4.
Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:
Subdivision 1.
Model policy to be developed.
By March 1, 1996, the Peace Officer
Standards and Training Board shall develop and distribute to all chief law enforcement
officers a model policy regarding the professional conduct of peace officers. The policy
must address issues regarding professional conduct not addressed by the standards of conduct
under Minnesota Rules, part 6700.1600. The policy must define unprofessional conduct to
include, but not be limited to, conduct prohibited by section 609.43new text begin , including timely
submission of peace officer misconduct data under section 626.8435new text end , whether or not there
has been a conviction for a violation of that section. The policy must also describe the
procedures that a local law enforcement agency may follow in investigating and disciplining
peace officers alleged to have behaved unprofessionally.
Sec. 5.
Minnesota Statutes 2018, section 626.89, subdivision 2, is amended to read:
Subd. 2.
Applicability.
The procedures and provisions of this section apply to law
enforcement agencies and government units. The procedures and provisions of this section
do not apply tonew text begin :
new text end
new text begin
(1) investigations and proceedings of a citizen oversight council described in section
626.99; or
new text end
new text begin (2)new text end investigations of criminal charges against an officer.
Sec. 6.
Minnesota Statutes 2018, section 626.89, subdivision 17, is amended to read:
Subd. 17.
deleted text begin Civilian reviewdeleted text end new text begin Citizen oversightnew text end .
deleted text begin A civilian review board, commission, or
other oversight body shall not have the authority to make a finding of fact or determination
regarding a complaint against an officer or impose discipline on an officer. A civilian review
board, commission, or other oversight body may make a recommendation regarding the
merits of a complaint, however, the recommendation shall be advisory only and shall not
be binding on nor limit the authority of the chief law enforcement officer of any unit of
governmentdeleted text end new text begin The powers and duties of citizen oversight councils for law enforcement agencies
are established under section 626.99new text end .
Sec. 7.
new text begin
[626.99] LOCAL CITIZEN OVERSIGHT COUNCILS FOR LAW
ENFORCEMENT AGENCIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "law enforcement agency" has the
meaning given in section 626.84, subdivision 1, paragraph (f), but does not include state-level
law enforcement agencies.
new text end
new text begin Subd. 2. new text end
new text begin Councils required. new text end
new text begin
The governing body of each local unit of government that
oversees a law enforcement agency that employs 50 or more peace officers shall establish
a citizen oversight council in compliance with this section.
new text end
new text begin Subd. 3. new text end
new text begin Council membership. new text end
new text begin
The membership of a citizen oversight council must
reflect a broad cross section of the community it represents, including the community's
minority and youth populations. The membership must also include individuals who often
come into contact with, or who are affected by, the peace officers of the law enforcement
agency that the council oversees, other than suspects who are in criminal investigations.
The membership of the majority of a council must be weighted toward citizen members.
However, a council may also include members that reflect other specific viewpoints, such
as law enforcement, prosecutors, educators, mental health professionals, clergy, and business
and commercial leaders. A council shall elect a chair from among its members at its first
meeting. The board must develop and publish guidance on the best practices for selecting,
training, and educating oversight council members.
new text end
new text begin Subd. 4. new text end
new text begin Operation of council; powers and duties. new text end
new text begin
(a) A citizen oversight council shall
meet on a regular basis. Meetings are open to the public and public testimony may be taken.
new text end
new text begin
(b) A council's purpose is to encourage and provide community participation in the
operation of the law enforcement agency it oversees. A council shall work collaboratively
with the governing body of the local unit of government with authority over the agency and
the agency's chief law enforcement officer.
new text end
new text begin
(c) A council may make recommendations and provide assessments relating to any facet
of the operation of the agency, including but not limited to:
new text end
new text begin
(1) law enforcement tactics and strategies, such as community policing;
new text end
new text begin
(2) the budget for the agency, including priorities on where money should be spent;
new text end
new text begin
(3) training of the agency's peace officers;
new text end
new text begin
(4) employment policies, such as residency requirements and minority hiring;
new text end
new text begin
(5) the substantive operation of the agency relating to such matters as use of force,
profiling, diversion, data collection, equipment, militarization, general investigatory practices,
officer-initiated use of force investigations, and cooperation with other law enforcement
agencies; and
new text end
new text begin
(6) personnel decisions.
new text end
new text begin
In addition, a council may evaluate the performance of the agency and the agency's chief
law enforcement officer. A council may recommend whether to extend the chief's term and
on hiring a successor to the chief when a vacancy occurs.
new text end
new text begin Subd. 5. new text end
new text begin Investigations into police misconduct. new text end
new text begin
(a) At the conclusion of any criminal
investigation or prosecution, if any, a citizen oversight council may conduct an investigation
into allegations of peace officer misconduct and retain an investigator to facilitate an
investigation. Subject to other applicable law, a council may subpoena or compel testimony
and documents in an investigation. Upon completion of an investigation, a council may
make a finding of misconduct and recommend appropriate discipline against peace officers
employed by the agency. If the governing body grants a council the authority, the council
may impose discipline on peace officers employed by the agency. A council shall submit
investigation reports that contain findings of peace officer misconduct to the chief law
enforcement officer and the Peace Officer Standards and Training Board's complaint
committee. A council may also make policy recommendations to the chief law enforcement
officer and the Peace Officer Standards and Training Board. For purposes of this section,
"misconduct" means a violation of law, standards promulgated by the Peace Officer Standards
and Training Board, or agency policy.
new text end
new text begin
(b) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end
new text begin Subd. 6. new text end
new text begin Duties of chief law enforcement officer. new text end
new text begin
The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a citizen oversight council shall
cooperate with the council and facilitate the council's achievement of its goals. However,
the officer is under no obligation to agree with individual recommendations of the council
and may oppose a recommendation. If the officer fails to implement a recommendation that
is within the officer's authority, the officer shall inform the council of the failure along with
the officer's underlying reasons.
new text end
new text begin Subd. 7. new text end
new text begin Duties of governing body. new text end
new text begin
A governing body shall ensure that a council is
given the opportunity to comment in a meaningful way on any matter within its jurisdiction.
This opportunity must occur with sufficient time before action on the matter is required.
new text end
new text begin Subd. 8. new text end
new text begin Other applicable law. new text end
new text begin
Chapters 13 and 13D apply to oversight councils under
this section.
new text end
new text begin Subd. 9. new text end
new text begin Annual report. new text end
new text begin
A citizen oversight council shall release an annual report that
addresses its activities. At a minimum, the report must summarize the council's activities
for the past year; recommendations made by the council, including what actions, if any,
were taken by other entities in response to the recommendations; and the amount of money
spent for the council's operation and the money's source.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8. new text begin TIMING.
new text end
new text begin
Governing bodies of local units of government shall comply with Minnesota Statutes,
section 626.99, by September 1, 2020. A citizen oversight council shall conduct its first
meeting by October 1, 2020.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9. new text begin COMPLIANCE REVIEWS.
new text end
new text begin
Local units of government required to create a citizen oversight council under Minnesota
Statutes, section 626.99, shall demonstrate compliance with the statute to the state auditor
in a form determined by the state auditor. Citizen oversight councils shall provide a copy
of the annual reports required under Minnesota Statutes, section 626.99, subdivision 9, to
the state auditor upon issuance. By March 15 of each year, the state auditor shall report on
compliance of citizen oversight councils to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety finance and policy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10. new text begin INITIAL APPOINTMENTS; PROPOSED MEETING.
new text end
new text begin
Initial appointments to the Police-Community Relations Council established in section
2 must be made no later than August 1, 2020. The executive director of the Peace Officer
Standards and Training Board must convene the council's first meeting no later than
September 1, 2020.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11. new text begin APPROPRIATION; PEACE OFFICER COMMUNITY POLICING
EXCELLENCE REPORT DATABASE.
new text end
new text begin
(a) $475,000 in fiscal year 2021 is appropriated from the general fund to the Office of
Justice Programs for a grant to a qualified community-based research organization to develop
a system to classify and report peace officer discipline by category, severity, type, and
demographic data of those involved in the incident. This appropriation is onetime. The
executive director of the Office of Justice Programs must consult with the Police-Community
Relations Council before selecting a community-based research organization to receive the
grant. As part of the system, the grant recipient must develop and incorporate:
new text end
new text begin
(1) a protocol to assign a unique identifier for each peace officer; and
new text end
new text begin
(2) safeguards to protect personal identifying information of peace officers.
new text end
new text begin
(b) The grant recipient, in consultation with the stakeholder group identified in paragraph
(c), may recommend changes on how to adapt the system under paragraph (a) to collect
additional policing data that corresponds with peace officer interactions with the public
generally and suspects, arrests, and victims specifically.
new text end
new text begin
(c) In developing the system described in paragraph (a), the grant recipient shall consult
with the Police-Community Relations Council established under Minnesota Statutes, section
626.8434.
new text end
Sec. 12. new text begin APPROPRIATION; CITIZEN OVERSIGHT COUNCILS.
new text end
new text begin
$1,900,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for grants to local units of government to establish and maintain citizen
oversight councils. Up to 2.5 percent of the appropriation may be used by the commissioner
to administer the program.
new text end
ARTICLE 2
POLICIES, TRAINING, REPORTING, APPROPRIATIONS
Section 1.
Minnesota Statutes 2018, section 415.16, subdivision 1, is amended to read:
Subdivision 1.
No exception for on-premises residence.
new text begin Except as provided in
subdivision 1a, new text end notwithstanding any contrary provision of other law, home rule charter,
ordinance or resolution, no statutory or home rule charter city or county shall require that
a person be a resident of the city or county as a condition of employment by the city or
county except for positions which by their duties require the employee to live on the premises
of the person's place of employment.
Sec. 2.
Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin
Residency requirements for peace officers; hires made on or after July
1, 2020.
new text end
new text begin
A statutory or home rule charter city or county may require that a person hired as
a peace officer, as defined by section 626.84, subdivision 1, paragraph (c), on or after July
1, 2020, be a resident of the city or county as a condition of employment by the city or
county.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 3.
Minnesota Statutes 2018, section 541.073, subdivision 2, is amended to read:
Subd. 2.
Limitations period.
(a) new text begin Except as provided in paragraph (b), new text end an action for
damages based on sexual abuse: (1) must be commenced within six years of the alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may
be commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.
new text begin
(b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The plaintiff need not establish which act in a continuous series of sexual abuse
acts by the defendant caused the injury.
deleted text begin (c)deleted text end new text begin (d)new text end This section does not affect the suspension of the statute of limitations during a
period of disability under section 541.15.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end
Sec. 4.
new text begin
[541.155] PERIODS OF INVESTIGATION OF PEACE OFFICER NOT
COUNTED.
new text end
new text begin
(a) For purposes of this section, "peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end
new text begin
(b) Any of the following, arising any time after a cause of action accrued and during the
period of limitation, shall suspend the running of the period of limitation until the same is
removed:
new text end
new text begin
(1) a criminal investigation of a peace officer for any conduct giving rise to the cause
of action;
new text end
new text begin
(2) a criminal prosecution of a peace officer for any conduct giving rise to the cause of
action; or
new text end
new text begin
(3) investigation by any political subdivision, state law enforcement agency, or the Board
of Peace Officer Standards and Training into allegations of misconduct by a peace officer
giving rise to the cause of action.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 573.02, subdivision 1, is amended to read:
Subdivision 1.
Death action.
When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text begin An action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time
after the death of the decedent. new text end Any other action under this section may be commenced
within three years after the date of death provided that the action must be commenced within
six years after the act or omission. The recovery in the action is the amount the jury deems
fair and just in reference to the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end
Sec. 6.
Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:
Subdivision 1.
When authorized.
Except as otherwise provided in deleted text begin subdivisiondeleted text end new text begin
subdivisionsnew text end 2new text begin and 3new text end , reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:
(1) when used by a public officer or one assisting a public officer under the public
officer's direction:
(a) in effecting a lawful arrest; or
(b) in the execution of legal process; or
(c) in enforcing an order of the court; or
(d) in executing any other duty imposed upon the public officer by law; or
(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or
(3) when used by any person in resisting or aiding another to resist an offense against
the person; or
(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or
(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or
(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or
(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or
(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or
(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or
(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.
Sec. 7.
Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Limitations on the use of certain restraints. new text end
new text begin
(a) A peace officer may not use
any of the following restraints unless section 609.066 authorizes the use of deadly force:
new text end
new text begin
(1) a chokehold;
new text end
new text begin
(2) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end
new text begin
(3) securing a person in any way that results in transporting the person face down in a
vehicle.
new text end
new text begin
(b) For the purposes of this subdivision, "chokehold" means a method by which a person
applies sufficient pressure to a person to make breathing difficult or impossible, and includes
but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
to the brain via the carotid arteries.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2018, section 626.8432, subdivision 2, is amended to read:
Subd. 2.
new text begin Revocation; new text end discovery of disqualifying conviction after licensurenew text begin ;
termination for wrongful use of forcenew text end .
new text begin (a) new text end The board deleted text begin may suspend or revokedeleted text end new text begin shall review
for possible suspension or revocationnew text end a peace officer or part-time peace officer license when
the licenseenew text begin :
new text end
new text begin (1)new text end has been convicted of a crime recognized by the board as a crime that would disqualify
the licensee from participating in a professional peace officer education course, taking the
peace officer licensing examination or the part-time peace officer licensing examination,
or maintaining eligibility for licensure under Minnesota Rules, chapter 6700new text begin ; or
new text end
new text begin (2) is terminated for a violation of the agency's use of force policy, unless the officer's
termination was ordered by a citizen oversight council pursuant to section 626.99, subdivision
5new text end .
new text begin (b)new text end The authority to suspend or revoke a license shall include all individuals who have
been granted a license when a disqualifying conviction that would have precluded eligibility
for licensure is discovered after licensure.
new text begin
(c) If the board revokes the license of an officer under paragraph (a), clause (1), and the
officer is later reinstated after an appeal of the officer's termination, the board must reconsider
the decision to revoke the officer's license. If a court orders that the board reinstate an
officer's license, the board shall comply with the court's order unless the attorney general
appeals the court's ruling on behalf of the board.
new text end
Sec. 9.
new text begin
[626.8434] WARRIOR-STYLE TRAINING PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "warrior-style training" means
training for peace officers that is intended to increase a peace officer's likelihood or
willingness to use deadly force in encounters with community members.
new text end
new text begin Subd. 2. new text end
new text begin No continuing education credits or tuition reimbursement. new text end
new text begin
(a) The board
may not certify a continuing education course that includes warrior-style training.
new text end
new text begin
(b) The board may not grant continuing education credit to a peace officer for a course
that includes warrior-style training.
new text end
new text begin
(c) The board may not reimburse a law enforcement agency or a peace officer for a
course that includes warrior-style training.
new text end
new text begin Subd. 3. new text end
new text begin Training prohibited. new text end
new text begin
A law enforcement agency may not provide warrior-style
training, directly or through a third party, to a peace officer.
new text end
Sec. 10.
new text begin
[626.8435] MANDATORY REPORTING PEACE OFFICER
TERMINATIONS AND RESIGNATIONS.
new text end
new text begin
A chief law enforcement officer must report to the Peace Officer Standards and Training
Board when a peace officer is discharged or resigns from employment due to misconduct
or when a peace officer is suspended or resigns while a misconduct investigation is pending.
The report must be made to the board within ten days after the discharge, suspension, or
resignation has occurred. The board must investigate the report for and the reporting agency
must cooperate in the investigation. Notwithstanding any provision in chapter 13 or any
law to the contrary, upon written request from the board, the law enforcement agency shall
provide the board with information about the peace officer from the agency's files, any
termination or disciplinary proceeding, any settlement or compromise, or any investigative
file.
new text end
Sec. 11.
Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:
Subdivision 1.
Deadly force policy.
By January 1, 1992, the head of every local and
state law enforcement agency shall establish and enforce a written policy governingnew text begin :
new text end
new text begin (1) new text end the use of force, including deadly force, as defined in section 609.066deleted text begin ,deleted text end new text begin ;
new text end
new text begin
(2) conflict de-escalation; and
new text end
new text begin (3) interceding when another peace officer is using unreasonable force,new text end by peace officers
and part-time peace officers employed by the agency. The policy must be consistent with
the provisions of section 609.066, subdivision 2, and may not prohibit the use of deadly
force under circumstances in which that force is justified under section 609.066, subdivision
2.
Sec. 12.
Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Prohibition on use of certain restraints. new text end
new text begin
(a) By January 1, 2021, the head
of every local and state law enforcement agency shall update and enforce the written policy
described in subdivision 1 to prohibit:
new text end
new text begin
(1) the use of a chokehold;
new text end
new text begin
(2) tying all of a person's limbs together behind the person's back to render the person
immobile; and
new text end
new text begin
(3) transporting a person face down in a vehicle.
new text end
new text begin
(b) For the purposes of this subdivision, "chokehold" means a method by which a person
applies sufficient pressure to a person to make breathing difficult or impossible, and includes
but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
to the brain via the carotid arteries.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2018, section 626.8452, subdivision 2, is amended to read:
Subd. 2.
Deadly force and firearms use; initial instruction.
Beginning January 1,
1992, the head of every local and state law enforcement agency shall provide instruction
on the use of force, deadly force, and the use of firearmsnew text begin , conflict de-escalation, and
interceding when another peace officer is using excessive or unreasonable force new text end to every
peace officer and part-time peace officer newly appointed by or beginning employment
with the agency. This instruction must occur before the agency head issues a firearm to the
officer or otherwise authorizes the officer to carry a firearm in the course of employment.
The instruction must be based on the agency's written policy required in subdivision 1 and
on the instructional materials required by the board for peace officer and part-time peace
officer licensure.
Sec. 14.
new text begin
[626.8475] DUTY TO INTERCEDE AND REPORT; POLICIES REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Duties; discipline. new text end
new text begin
(a) Regardless of tenure or rank, a peace officer must
intercede when:
new text end
new text begin
(1) present and observing another peace officer using force in violation of section 609.066,
subdivision 2, or otherwise beyond that which is objectively reasonable under the
circumstances; and
new text end
new text begin
(2) physically or verbally able to do so.
new text end
new text begin
(b) A peace officer who observes another employee or peace officer use force that
exceeds the degree of force permitted by law has the duty to report the incident in writing
within 24 hours to the chief law enforcement officer of the agency that employs the reporting
peace officer.
new text end
new text begin
(c) A peace officer who breaches a duty established in this subdivision is subject to
discipline by the board under Minnesota Rules, part 6700.1600.
new text end
new text begin Subd. 2. new text end
new text begin Model policy required. new text end
new text begin
By September 15, 2020, the commissioner of public
safety, in consultation with the board, the attorney general, and other interested parties,
must develop a comprehensive model policy to require peace officers to intercede to prevent
the use of unreasonable force and report incidents of excessive use of force. The policy, at
a minimum, must be consistent with subdivision 1. The board must distribute the model
policy to all chief law enforcement officers.
new text end
new text begin Subd. 3. new text end
new text begin Agency policies required. new text end
new text begin
(a) By December 15, 2020, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy requiring peace officers employed by the agency to intercede and report that is
identical or substantially similar to the model policy developed under subdivision 2.
new text end
new text begin
(b) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with this subdivision.
new text end
new text begin
(c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Compliance reviews authorized. new text end
new text begin
The board has authority to inspect state and
local law enforcement agency policies to ensure compliance with subdivision 3. The board
may conduct this inspection based upon a complaint it receives about a particular agency
or through a random selection process. The board may impose licensing sanctions and seek
injunctive relief under section 214.11 for an agency's failure to comply with subdivision 3.
new text end
Sec. 15.
new text begin
[626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
PROCEDURE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms defined in this
section have the meanings given them.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
new text end
new text begin
(c) "Employer" means a political subdivision or law enforcement agency employing a
peace officer.
new text end
new text begin
(d) "Grievance" means a dispute or disagreement regarding any written disciplinary
action, discharge, or termination decision of a peace officer arising under a collective
bargaining agreement covering peace officers.
new text end
new text begin
(e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
procedure in a collective bargaining agreement covering peace officers, as required by this
section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
sections are consistent with this section.
new text end
new text begin
(f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
except as otherwise provided in this section or to the extent inconsistent with this section.
new text end
new text begin
(g) "Peace officer" means a licensed peace officer or part-time peace officer subject to
licensure under sections 626.84 to 626.863.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
new text begin
(a) Notwithstanding any contrary provision of law, home rule
charter, ordinance, or resolution, the arbitrator selection procedure established under this
section shall apply to all peace officer grievance arbitrations for written disciplinary action,
discharge, or termination heard on or after the effective date.
new text end
new text begin
(b) The grievance procedure for all collective bargaining agreements covering peace
officers negotiated on or after the day following final enactment must include the arbitrator
selection procedure established in this section.
new text end
new text begin
(c) This section does not authorize arbitrators appointed under this section to hear
arbitrations of public employees who are not peace officers.
new text end
new text begin Subd. 3. new text end
new text begin Fees. new text end
new text begin
All fees charged by arbitrators under this section shall be in accordance
with a schedule of fees established by the commissioner on an annual basis.
new text end
new text begin Subd. 4. new text end
new text begin Roster of arbitrators. new text end
new text begin
The governor, in consultation with community and law
enforcement stakeholders, shall appoint a roster of no fewer than nine and no more than 15
persons suited and qualified by training and experience to act as arbitrators for peace officer
grievance arbitrations under this section. In making these appointments, and as applicable,
the governor may consider the factors set forth in Minnesota Rules, parts 5530.0600 and
5530.0700, subpart 6, as well as a candidate's experience and training in cultural competency,
racism, implicit bias, and recognizing and valuing community diversity and cultural
differences. The governor's appointments are effective immediately upon filing with the
secretary of state. Arbitrators on the roster created by this subdivision shall not serve as an
arbitrator in a labor arbitration other than a grievance arbitration as defined in this section.
new text end
new text begin Subd. 5. new text end
new text begin Applications. new text end
new text begin
The secretary of state shall solicit and accept applications in the
same manner as for open appointments under section 15.0597.
new text end
new text begin Subd. 6. new text end
new text begin Terms. new text end
new text begin
(a) Initial appointments to the roster of arbitrators shall be made as
follows:
new text end
new text begin
(1) at least three, but no more than five, appointments to expire on the first Monday in
January 2023;
new text end
new text begin
(2) at least three, but no more than five, appointments to expire on the first Monday in
January 2024; and
new text end
new text begin
(3) at least three, but no more than five, appointments to expire on the first Monday in
January 2025.
new text end
new text begin
(b) Subsequent appointments to the roster of arbitrators shall be for three-year terms to
expire on the first Monday in January, with the terms of no more than five arbitrators to
expire in the same year.
new text end
new text begin
(c) An arbitrator may continue to serve until the arbitator's successor is appointed, but
in no case later than July 1 of the year in which the arbitrator's term expires.
new text end
new text begin Subd. 7. new text end
new text begin Applicability of Minnesota Rules, chapter 5530. new text end
new text begin
To the extent consistent
with this section, the following provisions of Minnesota Rules apply to arbitrators on the
roster of arbitrators established under this section:
new text end
new text begin
(1) part 5530.0500 (status of arbitrators);
new text end
new text begin
(2) part 5530.0800 (arbitrator conduct and standards); and
new text end
new text begin
(3) part 5530.1000 (arbitration proceedings).
new text end
new text begin Subd. 8. new text end
new text begin Performance measures. new text end
new text begin
To the extent applicable, the commissioner shall track
the performance measures set forth in Minnesota Rules, part 5530.1200, and provide that
data to the governor upon request.
new text end
new text begin Subd. 9. new text end
new text begin Removal; vacancies. new text end
new text begin
An arbitrator appointed to the roster of arbitrators may
be removed from the roster only by the commissioner in accordance with the procedures
set forth in Minnesota Rules, part 5530.1300. A vacancy on the roster caused by a removal,
a resignation, or another reason shall be filled by the governor as necessary to fill the
remainder of the arbitrator's term. A vacancy on the roster occurring with less than six
months remaining in the arbitrator's term shall be filled for the existing term and the following
three-year term.
new text end
new text begin Subd. 10. new text end
new text begin Training. new text end
new text begin
(a) A person appointed to the arbitrator roster under this section
must complete training on culture competency, racism, implicit bias, and recognizing and
valuing community diversity and cultural differences, and must continue to complete the
training as required by the commissioner during the person's appointment. The commissioner
may adopt rules establishing training and requirements for this purpose.
new text end
new text begin
(b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required
training by July 1, 2021. An arbitrator appointed to the roster of arbitrators after 2020 must
complete the required training within six months of the arbitrator's appointment.
new text end
new text begin
(c) All costs associated with the required training must be borne by the arbitrator.
new text end
new text begin Subd. 11. new text end
new text begin Selection of arbitrators. new text end
new text begin
The commissioner shall assign or appoint an arbitrator
or panel of arbitrators from the roster to a peace officer grievance arbitration under this
section on a random or rotating basis. The parties shall not participate in, negotiate for, or
agree to the selection of an arbitrator or arbitration panel under this section. The arbitrator
or panel shall decide the grievance, and the decision is binding subject to the provisions of
chapter 572B.
new text end
new text begin Subd. 12. new text end
new text begin Interaction with other laws. new text end
new text begin
(a) Sections 179A.21, subdivision 2, and 572B.11,
paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
shall not apply to a peace officer grievance arbitration under this section.
new text end
new text begin
(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
resolution, peace officers, through their certified exclusive representatives, shall not have
the right to negotiate for or agree to a collective bargaining agreement or a grievance
arbitration selection procedure with their employers that is inconsistent with this section.
new text end
new text begin
(c) The arbitrator selection procedure for peace officer grievance arbitrations established
under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
in those chapters remain in full force and effect for peace officer grievance arbitrations,
except as provided in this section or to the extent inconsistent with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2020, except that subdivision
2, paragraph (b), is effective the day following final enactment.
new text end
Sec. 16.
Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7,
is amended to read:
Subd. 7.Office of Justice Programs
|
40,147,000 |
40,082,000 |
||||
| Appropriations by Fund |
||
| General |
40,051,000 |
39,986,000 |
| State Government Special Revenue |
96,000 |
96,000 |
(a) Base Adjustment
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,000 in fiscal years 2022 and
2023.
| (b) Administration Costs |
||||||
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
| (c) Indigenous Women Task Force |
||||||
$105,000 the first year and $45,000 the second
year are for expenses related to the task force
on missing and murdered indigenous women.
new text begin This appropriation is available until June 30,
2021. new text end These are onetime appropriations.
(d) Domestic Abuse Prevention Grants
$200,000 each year is for a grant to a domestic
abuse prevention program that provides
interdisciplinary, trauma-informed treatment
and evidence-informed intervention for
veterans and current or former service
members and their whole families affected by
domestic violence. The grantee must offer a
combination of services for perpetrators of
domestic violence and their families, including
individual and group therapy, evaluation and
research of programming, and short- and
long-term case management services to ensure
stabilization and increase in their overall
mental health functioning and well-being.
These appropriations are onetime.
(e) Criminal Sexual Conduct Statutory
Reform Working Group
$20,000 the first year and $14,000 the second
year are to convene, administer, and
implement the criminal sexual conduct
statutory reform working group. These
appropriations are onetime.
Sec. 17.
Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 4,
is amended to read:
Subd. 4.
Report.
The task force shall report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over public safety, human
services, and state government on the work of the task force, including but not limited to
the issues to be examined in subdivision 1, and shall include in the report institutional
policies and practices or proposed institutional policies and practices that are effective in
reducing gender violence and increasing the safety of indigenous women and girls. The
report shall include recommendations to reduce and end violence against indigenous women
and girls and help victims and communities heal from gender violence and violence against
indigenous women and girls. deleted text begin Thedeleted text end new text begin Anew text end report shall be submitted to the legislative committees
by December 15, 2020new text begin , and a final report shall be submitted by June 30, 2021new text end .
Sec. 18.
Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 5,
is amended to read:
Subd. 5.
Expiration.
Notwithstanding Minnesota Statutes, section 15.059, the task force
expires deleted text begin December 31, 2020deleted text end new text begin June 30, 2021new text end .
Sec. 19. new text begin APPROPRIATION.
new text end
new text begin
$17,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board for costs associated with this act. $15,000 is added to the
board's base.
new text end
Sec. 20. new text begin APPROPRIATION; BUREAU OF MEDIATION SERVICES.
new text end
new text begin
$120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of
Mediation Services for rulemaking, staffing, and other costs associated with peace officer
grievance procedures. $47,000 is added to the bureau's base.
new text end
ARTICLE 3
PEACE OFFICER USE OF FORCE AND PRETRIAL DETENTION
Section 1.
Minnesota Statutes 2018, section 8.01, is amended to read:
8.01 APPEARANCE.
The attorney general shall appear for the state in all causes in the supreme and federal
courts wherein the state is directly interested; also in all civil causes of like nature in all
other courts of the state whenever, in the attorney general's opinion, the interests of the state
require it. new text begin Except as provided for in section 8.37, new text end upon request of the county attorney, the
attorney general shall appear in court in such criminal cases as the attorney general deems
proper. Upon request of a county attorney, the attorney general may assume the duties of
the county attorney in sexual psychopathic personality and sexually dangerous person
commitment proceedings under chapter 253D. Whenever the governor shall so request, in
writing, the attorney general shall prosecute any person charged with an indictable offense,
and in all such cases may attend upon the grand jury and exercise the powers of a county
attorney.
Sec. 2.
new text begin
[8.37] PEACE-OFFICER-INVOLVED DEATHS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings provided.
new text end
new text begin
(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end
new text begin
(c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end
new text begin
(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin Subd. 2. new text end
new text begin Prosecution of officer-involved deaths. new text end
new text begin
(a) The attorney general has charge
of the prosecution of peace officers alleged to have caused an officer-involved death.
new text end
new text begin
(b) When requested by the attorney general, a county attorney may appear for the state
in any case instituted under this section and assist in the preparation and trial.
new text end
new text begin Subd. 3. new text end
new text begin Local assistance. new text end
new text begin
Each law enforcement agency with jurisdiction over the area
where an officer-involved death occurred must cooperate with the attorney general to the
same extent as if the county attorney had charge of the prosecution.
new text end
Sec. 3.
Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk assessment instrument. new text end
new text begin
If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or judicial district,
in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention
Alternative Initiative. The risk assessment instrument must assess the likelihood that a child
released from preadjudication detention under this section or section 260B.178 would
endanger others or not return for a court hearing. The instrument must identify the appropriate
setting for a child who might endanger others or not return for a court hearing pending
adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
If, after using the instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall release the child
as provided in subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2021.
new text end
Sec. 4.
new text begin
[299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings provided.
new text end
new text begin
(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end
new text begin
(c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end
new text begin
(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin
(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end
new text begin
(f) "Unit" means the independent Use of Force Investigations Unit.
new text end
new text begin Subd. 2. new text end
new text begin Formation; special agent in charge; duty. new text end
new text begin
The superintendent shall form an
independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
to conduct officer-involved death investigations. The superintendent, in consultation with
the commissioner of public safety, shall select a special agent in charge of the unit.
new text end
new text begin Subd. 3. new text end
new text begin Additional duty. new text end
new text begin
The unit shall investigate all criminal sexual conduct cases
involving peace officers, including criminal sexual conduct cases involving chief law
enforcement officers. The unit may also investigate conflict of interest cases involving peace
officers and other public officials accused of crimes
new text end
new text begin Subd. 4. new text end
new text begin Staff; support. new text end
new text begin
The unit shall employ peace officers and staff to conduct
investigations and the superintendent shall develop and implement policies and procedures
to ensure no conflict of interest exists with agents assigned to investigate a particular incident.
The superintendent may permit bureau resources not directly assigned to this unit to be used
to assist the unit in fulfilling the duties assigned in this section.
new text end
new text begin Subd. 5. new text end
new text begin Conflicts. new text end
new text begin
When a peace officer employed by the Bureau of Criminal
Apprehension is the subject of an officer-involved death investigation, the investigation
shall be conducted by an investigatory agency selected by the attorney general.
new text end
new text begin Subd. 6. new text end
new text begin Reporting. new text end
new text begin
The superintendent must make all case files publicly available on
the bureau's website within 30 days of the end of the last criminal appeal of a subject of an
investigation, as provided for in chapter 13. By February 1 of each year, the superintendent
shall report to the commissioner, the governor, and the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety finance and policy the
following information about the unit: the number of investigations initiated; the number of
incidents investigated; the outcomes or current status of each investigation; the charging
decisions made by the prosecuting authority of incidents investigated by the unit; the number
of plea agreements reached in incidents investigated by the unit; and any other information
relevant to the unit's mission.
new text end
Sec. 5.
Minnesota Statutes 2018, section 388.051, subdivision 1, is amended to read:
Subdivision 1.
General provisions.
The county attorney shall:
(1) appear in all cases in which the county is a party;
(2) give opinions and advice, upon the request of the county board or any county officer,
upon all matters in which the county is or may be interested, or in relation to the official
duties of the board or officer;
(3) new text begin except as provided in section 8.37, new text end prosecute felonies, including the drawing of
indictments found by the grand jury, and, to the extent prescribed by law, gross
misdemeanors, misdemeanors, petty misdemeanors, and violations of municipal ordinances,
charter provisions and rules or regulations;
(4) attend before the grand jury, give them legal advice, and examine witnesses in their
presence;
(5) request the court administrator to issue subpoenas to bring witnesses before the grand
jury or any judge or judicial officer before whom the county attorney is conducting a criminal
hearing;
(6) attend any inquest at the request of the coroner; and
(7) appear, when requested by the attorney general, for the state in any case instituted
by the attorney general in the county attorney's county or before the United States Land
Office in case of application to preempt or locate any public lands claimed by the state and
assist in the preparation and trial.
Sec. 6.
Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Legislative intent. new text end
new text begin
The legislature hereby finds and declares the following:
new text end
new text begin
(1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;
new text end
new text begin
(2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life. In determining whether deadly force
is necessary, officers shall evaluate each situation in light of the particular circumstances
of each case and shall use other available resources and techniques if reasonably safe and
feasible to an objectively reasonable officer;
new text end
new text begin
(3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force; and
new text end
new text begin
(4) that peace officers should exercise special care when interacting with individuals
with physical, mental health, developmental, or intellectual disabilities as an individual's
disability may affect the individual's ability to understand or comply with commands from
peace officers.
new text end
Sec. 7.
Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:
Subd. 2.
Use of deadly force.
new text begin (a) new text end Notwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only when
new text begin the officer reasonably believes, based on the totality of the circumstances, that such force
is new text end necessary:
(1) to protect the peace officer or another from deleted text begin apparentdeleted text end new text begin imminentnew text end death or great bodily
harm;new text begin or
new text end
(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
officer knows or has reasonable grounds to believe has committed or attempted to commit
a felony deleted text begin involving the use or threatened use of deadly force; ordeleted text end new text begin and the officer reasonably
believes that the person will cause death or great bodily harm to another person unless
immediately apprehended.
new text end
deleted text begin
(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
knows or has reasonable grounds to believe has committed or attempted to commit a felony
if the officer reasonably believes that the person will cause death or great bodily harm if
the person's apprehension is delayed.
deleted text end
new text begin
(b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self if an objectively reasonable officer would believe the person does not
pose an imminent threat of death or great bodily harm to the peace officer or to another
person.
new text end
Sec. 8.
Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:
Subdivision 1.
Deadly force policy.
By January 1, 1992, the head of every local and
state law enforcement agency shall establish and enforce a written policy governing the use
of force, including deadly force, as defined in section 609.066, by peace officers and part-time
peace officers employed by the agency. The policy must be consistent with the provisions
of section 609.066, deleted text begin subdivisiondeleted text end new text begin subdivisions 1a andnew text end 2, and may not prohibit the use of deadly
force under circumstances in which that force is justified under section 609.066, subdivision
2.
Sec. 9.
Minnesota Statutes 2018, section 629.53, is amended to read:
629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.
new text begin Subdivision 1. new text end
new text begin Pretrial release. new text end
A person charged with a criminal offense may be
released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedurenew text begin
and this section. To the extent a court determines there is a conflict between rule 6.02 of
the Rules of Criminal Procedure and this section, this section shall controlnew text end .
new text begin Subd. 2. new text end
new text begin Release of a person charged with a misdemeanor offense. new text end
new text begin
(a) A defendant
charged with a misdemeanor offense, other than a violation identified in paragraph (e), must
be released on personal recognizance unless the court determines that there is a substantial
likelihood that the defendant will not appear at future court proceedings or poses a threat
to a victim's safety.
new text end
new text begin
(b) If the court determines that there is a substantial likelihood that a defendant will not
appear at future court appearances, the court must impose the least restrictive conditions of
release that will reasonably assure the person's appearance as ordered. These conditions of
release include but are not limited to an unsecured appearance bond or money bail on which
the defendant may be released by posting cash or sureties. If the court sets conditions of
release other than an unsecured appearance bond or money bail, it must also set money bail
without other conditions on which the defendant may be released.
new text end
new text begin
(c) The court must not impose a financial condition of release on a defendant subject to
this subdivision that results in the pretrial detention of the defendant. Financial conditions
of release include but are not limited to money bail.
new text end
new text begin
(d) If a defendant subject to this subdivision remains in custody for more than 48 hours
after the court imposes a financial condition of release, the court must review the conditions
of release and there exists a rebuttable presumption that the financial condition resulted in
the pretrial detention of the defendant.
new text end
new text begin
(e) This subdivision does not apply to violations of:
new text end
new text begin
(1) section 169A.20;
new text end
new text begin
(2) section 518B.01;
new text end
new text begin
(3) section 609.224;
new text end
new text begin
(4) section 609.2242;
new text end
new text begin
(5) section 609.748;
new text end
new text begin
(6) section 609.749; and
new text end
new text begin
(7) section 629.75.
new text end
new text begin
(f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a required
court hearing, the court shall issue a summons or warrant directing that the defendant appear
in court pursuant to rule 6.03 of the Rules of Criminal Procedure.
new text end
new text begin Subd. 3. new text end
new text begin Presumption of release on personal recognizance. new text end
new text begin
Except as described in
subdivision 2, on appearance before the court, a defendant charged with a misdemeanor
must be released on personal recognizance or an unsecured appearance bond unless otherwise
provided by law, or a court determines that release will endanger the public safety, a victim's
safety, or will not reasonably assure the defendant's appearance.
new text end
new text begin Subd. 4. new text end
new text begin Money bail; disposition. new text end
Money bail is the property of the accused, whether
deposited by that person or by a third person on the accused's behalf. When money bail is
accepted by a judge, that judge shall order it to be deposited with the court administrator.
The court administrator shall retain it until the final disposition of the case and the final
order of the court disposing of the case. Upon release, the amount released must be paid to
the accused personally or upon that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt
from garnishment or levy under attachment or execution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2020.
new text end
Sec. 10. new text begin ATTORNEY GENERAL; APPROPRIATION.
new text end
new text begin
$1,636,000 in fiscal year 2021 is appropriated from the general fund to the attorney
general for conducting criminal prosecutions, including prosecution of peace-officer-involved
death cases pursuant to Minnesota Statutes, section 8.37. This amount is added to the agency's
base.
new text end
Sec. 11. new text begin APPROPRIATION FOR INDEPENDENT USE OF FORCE
INVESTIGATIONS UNIT IN BCA.
new text end
new text begin
$3,365,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety to establish and operate the independent Use of Force Investigations Unit
in the Bureau of Criminal Apprehension. $3,272,000 is added to the agency's base for this
purpose.
new text end
ARTICLE 4
COMMUNITY INVOLVEMENT IN PUBLIC SAFETY
Section 1.
Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:
Subd. 9.
Peer counseling deleted text begin debriefingdeleted text end data.
(a) Data acquired by a peer deleted text begin group member
in adeleted text end new text begin support counselor when providingnew text end public safety peer counseling deleted text begin debriefing is private
data on the person being debriefeddeleted text end new text begin are governed by section 181.9731new text end .
(b) For purposes of this subdivisiondeleted text begin , "public safety peer counseling debriefing" means
a group process oriented debriefing session held for peace officers, firefighters, medical
emergency persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any government entity providing public safety emergency
services and is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic stressdeleted text end new text begin :
new text end
new text begin
(1) "peer support counselor" has the meaning given in section 181.9731, subdivision 1,
paragraph (c); and
new text end
new text begin (2) "public safety peer counseling" has the meaning given in section 181.9731, subdivision
1, paragraph (d)new text end .
Sec. 2.
Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Critical incident stress management data. new text end
new text begin
(a) Data acquired by a critical
incident stress management team member when providing critical incident stress management
services are governed by section 181.9732.
new text end
new text begin
(b) For purposes of this subdivision:
new text end
new text begin
(1) "critical incident stress management services" has the meaning given in section
181.9732, subdivision 1, paragraph (c); and
new text end
new text begin
(2) "critical incident stress management team member" has the meaning given in section
181.9732, subdivision 1, paragraph (e).
new text end
Sec. 3.
new text begin
[181.9731] PUBLIC SAFETY PEER COUNSELING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end
new text begin
(c) "Peer support counselor" means an individual who is:
new text end
new text begin
(1) specially trained to provide public safety peer counseling services in accordance
with standards that are both (i) established by an accredited mental health organization or
network, and (ii) recognized by the commissioner of public safety; and
new text end
new text begin
(2) designated by the emergency service provider's agency to provide such services.
new text end
new text begin
(d) "Public safety peer counseling" means one or more sessions, led by a peer support
counselor, designed to help an emergency service provider who experienced an
occupation-related trauma, illness, or stress develop skills and strategies to better understand,
cope with, and process emotions and memories tied to the trauma, illness, or stress. Public
safety peer counseling includes group sessions led by a peer support counselor, one-to-one
contact with a peer support counselor, and meetings with a peer support counselor to obtain
referrals to appropriate mental health or community support services.
new text end
new text begin Subd. 2. new text end
new text begin Peer support counselor; prohibition on being witness or party. new text end
new text begin
A peer
support counselor may not provide public safety peer counseling to an emergency service
provider if the emergency service provider is seeking public safety peer counseling to address
a critical incident, as defined in section 181.9732, subdivision 1, paragraph (b), to which
the peer support counselor is a witness. A peer support counselor may refer the person to
another peer support counselor or other appropriate mental health or community support
service.
new text end
new text begin Subd. 3. new text end
new text begin Disclosure prohibited. new text end
new text begin
(a) Except as provided in subdivision 4, a peer support
counselor or any person who receives public safety peer counseling shall not be required
to disclose information to a third party that was obtained solely through the provision or
receipt of public safety peer counseling.
new text end
new text begin
(b) Government data on individuals receiving peer counseling are classified as private
data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as
provided in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Exceptions. new text end
new text begin
The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end
new text begin
(1) the peer support counselor reasonably believes the disclosure is necessary to prevent
harm to self by the person in receipt of public safety peer counseling or to prevent the person
from harming another person, provided the disclosure is only for the purpose of preventing
the person from harming self or others and limited to information necessary to prevent such
harm;
new text end
new text begin
(2) the person receiving public safety peer counseling discloses information that is
required to be reported under the mandated reporting laws, including, but not limited to,
the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end
new text begin
(3) the person who received public safety peer counseling provides written consent
authorizing disclosure of the information;
new text end
new text begin
(4) the emergency service provider who received public safety peer counseling is deceased
and the surviving spouse or administrator of the estate of the deceased emergency service
provider gives written consent authorizing disclosure of the information; or
new text end
new text begin
(5) the emergency service provider who received public safety peer counseling voluntarily
testifies, in which case the peer support counselor may be compelled to testify on the same
subject.
new text end
Sec. 4.
new text begin
[181.9732] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider. Critical incident includes but is not
limited to any encounter which may result in the death of or serious injury to another person
such as fatal motor vehicle accidents, child abuse investigations, death investigations, and
large scale man-made or natural disasters.
new text end
new text begin
(c) "Critical incident stress management services" means consultation, risk assessment,
education, intervention, and other crisis intervention services provided by a critical incident
stress management team or critical incident stress management team member to an emergency
service provider affected by a critical incident.
new text end
new text begin
(d) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers and consists of critical
incident stress management team members. A critical incident stress management team may
include members from any emergency service discipline, mental health professionals, and
designated emergency service chaplains.
new text end
new text begin
(e) "Critical incident stress management team member" means an individual who:
new text end
new text begin
(1) is trained to provide critical incident stress management services in accordance with
standards that are both (i) established by a nationally recognized critical incident stress
management organization or network, and (ii) recognized by the commissioner of public
safety;
new text end
new text begin
(2) was approved to function as a critical incident stress management team member prior
to the time critical incident stress management services are provided; and
new text end
new text begin
(3) is approved to function as a critical incident stress management team member at the
time the critical incident stress management services are provided.
new text end
new text begin
(f) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end
new text begin Subd. 2. new text end
new text begin Team members; prohibition on being witness or party. new text end
new text begin
A person who
otherwise qualifies as a critical incident stress management team member may not be part
of a critical incident stress management team providing services to an emergency service
provider if the critical incident stress management team member is a witness to the critical
incident for which the person is receiving services.
new text end
new text begin Subd. 3. new text end
new text begin Disclosure prohibited. new text end
new text begin
(a) Except as provided in subdivision 4, a critical
incident stress management team member or any person who receives critical incident stress
management services shall not be required to disclose information to a third party that was
obtained solely through the provision or receipt of critical incident stress management
services.
new text end
new text begin
(b) Government data on individuals receiving critical incident stress management services
are classified as private data on individuals, as defined by section 13.02, subdivision 12,
but may be disclosed as provided in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Exceptions. new text end
new text begin
The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end
new text begin
(1) the critical incident stress management team member reasonably believes the
disclosure is necessary to prevent harm to self by the person in receipt of critical incident
stress management services or to prevent the person from harming another person, provided
the disclosure is only for the purpose of preventing the person from harming self or others
and limited to information necessary to prevent such harm;
new text end
new text begin
(2) the person receiving critical incident stress management services discloses information
that is required to be reported under the mandated reporting laws, including, but not limited
to, the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end
new text begin
(3) the person who received critical incident stress management services provides written
consent authorizing disclosure of the information;
new text end
new text begin
(4) the emergency service provider who received critical incident stress management
services is deceased and the surviving spouse or administrator of the estate of the deceased
emergency service provider gives written consent authorizing disclosure of the information;
or
new text end
new text begin
(5) the emergency service provider who received critical incident stress management
services voluntarily testifies, in which case the critical incident stress management team
member may be compelled to testify on the same subject.
new text end
Sec. 5.
Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Felony conviction; restoration of civil right to vote. new text end
new text begin
An individual convicted
of a felony has the civil right to vote restored when the individual completes any incarceration
imposed and executed by the court for the offense, or upon sentencing if no incarceration
is imposed. If the individual is later incarcerated for the same offense, the individual's civil
right to vote is lost only during the period of incarceration.
new text end
Sec. 6.
Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:
Subdivision 1.
Form.
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentencedeleted text end new text begin am not currently
incarcerated for a felony offensenew text end ; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
Sec. 7.
new text begin
[201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
VOTING RIGHTS.
new text end
new text begin
The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end
Sec. 8.
Minnesota Statutes 2019 Supplement, section 204C.10, is amended to read:
204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.
(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individualnew text begin :
new text end
new text begin (1)new text end is at least 18 years of agedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2) isnew text end a citizen of the United Statesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end has resided in Minnesota for 20 days immediately preceding the electiondeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end maintains residence at the address showndeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end is not under a guardianship in which the court order revokes the individual's right to
votedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end has not been found by a court of law to be legally incompetent to vote deleted text begin ordeleted text end new text begin ;
new text end
new text begin (7)new text end has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony
sentence has expired or been completed ordeleted text end the individual has deleted text begin been discharged from the
sentence,deleted text end new text begin completed the term of incarceration, if any, for the felony offense;
new text end
new text begin (8)new text end is registerednew text begin ;new text end and
new text begin (9)new text end has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."
(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.
(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.
(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.
(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.
Sec. 9.
new text begin
[243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end
new text begin Subdivision 1. new text end
new text begin Correctional facilities; designation of official. new text end
new text begin
The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to persons to whom
the civil right to vote is restored by reason of the persons' release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.
new text end
new text begin Subd. 2. new text end
new text begin Notice requirement. new text end
new text begin
A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end
new text begin
(1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and
new text end
new text begin
(2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.
new text end
new text begin Subd. 3. new text end
new text begin Form of notice. new text end
new text begin
The notice required by subdivision 2 must appear substantially
as follows:
new text end
new text begin
"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end
new text begin
Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application and return it to the Office of the Minnesota
Secretary of State. You may also register to vote in your polling place on election day. You
will not be permitted to cast a ballot until you register to vote. The first time you appear at
your polling place to cast a ballot, you may be required to provide proof of your current
residence."
new text end
new text begin Subd. 4. new text end
new text begin Failure to provide notice. new text end
new text begin
A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.
new text end
Sec. 10.
new text begin
[299A.018] OFFICER-INVOLVED DEATH REVIEW BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The following terms have the meanings provided.
new text end
new text begin
(b) "Board" means the Officer-Involved Death Review Board.
new text end
new text begin
(c) "Commissioner" means the commissioner of public safety.
new text end
new text begin
(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end
new text begin
(e) "Officer-involved death" means the death of a person that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end
new text begin
(f) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin Subd. 2. new text end
new text begin Establishment; membership; office support. new text end
new text begin
(a) The Officer-Involved Death
Review Board is established in the Department of Public Safety. The board consists of the
following members:
new text end
new text begin
(1) the superintendent of the Bureau of Criminal Apprehension;
new text end
new text begin
(2) a member of the Peace Officer Standards and Training Board selected by the executive
director of the Peace Officer Standards and Training Board;
new text end
new text begin
(3) a representative of the Office of Violence Prevention in the Department of Health;
new text end
new text begin
(4) the commissioner of the Department of Human Rights or a designee;
new text end
new text begin
(5) the commissioner of corrections or a designee; and
new text end
new text begin
(6) six persons selected by the commissioner that must include:
new text end
new text begin
(i) a medical examiner or coroner;
new text end
new text begin
(ii) a use of force expert;
new text end
new text begin
(iii) a civil rights expert;
new text end
new text begin
(iv) a prosecutor with expertise in officer-involved death reviews;
new text end
new text begin
(v) a member of the public from the seven-county metropolitan area; and
new text end
new text begin
(vi) a member of the public from outside of the seven-county metropolitan area.
new text end
new text begin
(b) Members appointed by the commissioner of public safety under paragraph (a), clause
(6), items (v) and (vi), serve a two-year term, and may be reappointed for one additional
term.
new text end
new text begin
(c) The commissioner must convene the board no later than November 1, 2020, and
provide meeting space and administrative assistance necessary for the board to conduct its
work, including documentation of meetings and review findings.
new text end
new text begin Subd. 3. new text end
new text begin Review teams. new text end
new text begin
(a) The board shall appoint a review team from among the board
members to collect, review, and analyze data related to each officer-involved death that
occurs in the state. The board may also invite other relevant persons to participate as full
members of a review team as needed. Review team membership should represent the cultural
and racial diversity of the community where the death occurred, to the extent possible. A
member may not participate in a review if the member is a current or former employee of
the agency that is the subject of the team's review.
new text end
new text begin
(b) In determining the cause of death, the review team shall consider death certificates
and other data relevant to determining cause of death, including investigative reports and
medical records. The review team may also analyze additional available information
concerning the decedent.
new text end
new text begin
(c) As part of the review team's investigation of a peace officer involved in an
officer-involved death, the team should review:
new text end
new text begin
(1) the peace officer's complete employment and training records;
new text end
new text begin
(2) the policies and standard operating procedures of the agency that employs the peace
officer;
new text end
new text begin
(3) applicable collective bargaining agreements; and
new text end
new text begin
(4) other pertinent information concerning the peace officer and the agency that employs
the peace officer.
new text end
new text begin Subd. 4. new text end
new text begin Access to data. new text end
new text begin
(a) The review team has access to the following not public
data, as defined in section 13.02, subdivision 8a, relating to an officer-involved death:
new text end
new text begin
(1) inactive law enforcement investigative data under section 13.82;
new text end
new text begin
(2) autopsy records and coroner or medical examiner investigative data under section
13.83;
new text end
new text begin
(3) hospital, public health, or other medical records of the decedent under section 13.384;
and
new text end
new text begin
(4) records under section 13.46, created by social service agencies that provided services
to the decedent.
new text end
new text begin
(b) Access to medical records under this paragraph also includes records governed by
sections 144.291 to 144.298.
new text end
new text begin
(c) The board has access to corrections and detention data as provided in section 13.85.
new text end
new text begin Subd. 5. new text end
new text begin Agency notice; cooperation. new text end
new text begin
(a) The chief law enforcement officer of a law
enforcement agency that has an officer-involved death must notify the commissioner within
30 days of the death. The commissioner shall forward a copy of the filing to the board. The
notification shall contain information concerning the reason for and circumstances
surrounding the death.
new text end
new text begin
(b) The law enforcement agency that employs a peace officer who was involved in an
officer-involved death must cooperate fully with the board and a review team appointed by
the board. The chief law enforcement officer of the agency that employs an officer under
investigation by a review team must provide written answers to questions posed by the
review team or the board.
new text end
new text begin Subd. 6. new text end
new text begin Compel production of records; subpoena. new text end
new text begin
As part of any review, the board
may compel the production of other records by applying to the district court for a subpoena,
which will be effective throughout the state according to the Rules of Civil Procedure.
new text end
new text begin Subd. 7. new text end
new text begin Officer-involved death reviews and recommendations. new text end
new text begin
(a) The board must
conduct an initial review of each officer-involved death within 90 days of the final
adjudication of the event to determine any immediate action, appropriate local representation,
and timeline. The board must submit a publicly available summary of the incident and the
board's response plan.
new text end
new text begin
(b) The board must identify and analyze the root causes of the incident.
new text end
new text begin
(c) The full review must be completed within six months of the final adjudication of the
event and the report must be filed with the commissioner and agency that employed the
peace officer involved in the event within 60 days of completion of the review.
new text end
new text begin
(d) The board shall make recommendations to the commissioner for changes in statewide
training of peace officers. Following the analysis, the board must prepare a report that
recommends policy and system changes to reduce and prevent future incidents across
jurisdictions, agencies, and systems.
new text end
new text begin
(e) The commissioner must post the report on the Department of Public Safety's public
website. The posted report must comply with chapter 13 and any data that is not public data
must be redacted.
new text end
new text begin Subd. 8. new text end
new text begin Confidentiality; data privacy. new text end
new text begin
(a) Meetings of the board are not subject to
chapter 13D. A person attending a board meeting may not disclose what transpired at the
meeting, except to carry out the purposes of the review or as otherwise provided in this
subdivision.
new text end
new text begin
(b) The board may disclose the names of the decedents in the cases it reviews.
new text end
new text begin
(c) Proceedings and records of the board are confidential data as defined in section 13.02,
subdivision 3, or protected nonpublic data as defined in section 13.02, subdivision 13,
regardless of their classification in the hands of the person who provided the data, and are
not subject to discovery or introduction into evidence in a civil or criminal action against a
professional, the state, or a county agency, arising out of the matters the team is reviewing.
Information, documents, and records otherwise available from other sources are not immune
from discovery or use in a civil or criminal action solely because they were presented during
proceedings of the board.
new text end
new text begin
(d) This subdivision does not limit a person who presented information before the board
or who is a member of the panel from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding, a person may not be questioned about the person's
good faith presentation of information to the board or opinions formed by the person as a
result of the board meetings.
new text end
new text begin
(e) In addition to the requirements of section 13.05, subdivision 5, the board must
establish written procedures to ensure individuals have access to not public data only if
authorized in writing by the board. The ability of authorized individuals to enter, update,
or access not public data must be limited through the use of role-based access that
corresponds to the official duties or training level of the individual and the statutory
authorization that grants access for that purpose. All queries and responses, and all actions
in which data are entered, updated, accessed, shared, or disseminated, must be recorded in
a data audit trail. Data contained in the audit trail are public, to the extent that the data are
not otherwise classified by law.
new text end
new text begin Subd. 9. new text end
new text begin External advice. new text end
new text begin
The board shall identify an external impartial entity to facilitate
reviews and establish the review process.
new text end
new text begin Subd. 10. new text end
new text begin Reports to the legislature. new text end
new text begin
By June 15 of each year, the board must report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety on:
new text end
new text begin
(1) the number of reviews performed under this section in the last year;
new text end
new text begin
(2) aggregate data on reviews performed;
new text end
new text begin
(3) the number of reviews that included a recommendation that the law enforcement
agency under review implement a corrective action plan;
new text end
new text begin
(4) a description of any recommendations made to the commissioner for statewide
training of peace officers; and
new text end
new text begin
(5) recommendations for legislative action.
new text end
Sec. 11.
new text begin
[299A.625] COMMUNITY-LED PUBLIC SAFETY COORDINATOR.
new text end
new text begin Subdivision 1. new text end
new text begin Community-led public safety coordinator established. new text end
new text begin
The
commissioner of public safety shall appoint a statewide community-led public safety
coordinator in the Office of Justice Programs who shall serve in the unclassified service.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The office shall:
new text end
new text begin
(1) promote and monitor alternatives to traditional policing models;
new text end
new text begin
(2) identify effective forms of community-led intervention to promote public safety;
new text end
new text begin
(3) strengthen connections between community members and local law enforcement
agencies;
new text end
new text begin
(4) encourage the use of restorative justice programs including but not limited to
sentencing circles; and
new text end
new text begin
(5) administer grants to promote community-based crisis intervention and promote
community healing.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 12.
Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:
Subdivision 1.
Restoration.
When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenshipdeleted text begin , with full right todeleted text end deleted text begin vote anddeleted text end deleted text begin hold office,deleted text end the same as
if such conviction had not taken place, and the order of discharge shall so provide.
Sec. 13.
new text begin
[626.5534] USE OF FORCE REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Report required. new text end
new text begin
A chief law enforcement officer must provide the
information requested by the Federal Bureau of Investigation about each incident of law
enforcement use of force resulting in serious bodily injury or death, as those terms are
defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form
for use by law enforcement agencies in making the report required under this section. The
report must include for each incident all of the information requested by the Federal Bureau
of Investigation.
new text end
new text begin Subd. 2. new text end
new text begin Use of information collected. new text end
new text begin
A chief law enforcement officer must file the
report under subdivision 1 once a month in the form required by the superintendent. The
superintendent must summarize and analyze the information received and submit an annual
written report to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety. The superintendent shall submit
the information to the Federal Bureau of Investigation.
new text end
Sec. 14.
Minnesota Statutes 2018, section 626.8469, is amended to read:
626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
AND CULTURAL DIVERSITY.
Subdivision 1.
In-service training required.
Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
and recognizing and valuing community diversity and cultural differences to include implicit
bias training to every peace officer and part-time peace officer employed by the agency.
The training shall comply with learning objectives developed and approved by the board
and shall meet board requirements for board-approved continuing education credit.new text begin Crisis
intervention and mental illness crisis training shall meet the standards in subdivision 1a.new text end
The training shall consist of at least 16 continuing education creditsnew text begin with a minimum of six
hours for crisis intervention and mental illness crisis trainingnew text end within an officer's three-year
licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not
required to complete this training until the officer's next full three-year licensing cycle.
new text begin Subd. 1a. new text end
new text begin Crisis intervention and mental illness crisis training. new text end
new text begin
(a) The board, in
consultation with the commissioner of human services and mental health stakeholders, shall
create a list of approved entities and training courses to instruct peace officers in techniques
for responding to a mental illness crisis. A course must include scenario-based instruction
and cover most of the following issues:
new text end
new text begin
(1) techniques for relating to individuals with mental illnesses and the individuals'
families;
new text end
new text begin
(2) techniques for crisis de-escalation;
new text end
new text begin
(3) techniques for relating to diverse communities and education on mental illness
diversity;
new text end
new text begin
(4) mental illnesses and the criminal justice system;
new text end
new text begin
(5) community resources and supports for individuals experiencing a mental illness crisis
and for the individuals' families;
new text end
new text begin
(6) psychotropic medications and the medications' side effects;
new text end
new text begin
(7) co-occurring mental illnesses and substance use disorders;
new text end
new text begin
(8) suicide prevention; and
new text end
new text begin
(9) mental illnesses and disorders and the symptoms.
new text end
new text begin
(b) A course must also include training on children and families of individuals with
mental illnesses to enable officers to respond appropriately to others who are present during
a mental illness crisis. The board shall update the list of approved entities and training
courses periodically as it considers appropriate.
new text end
Subd. 2.
Record keeping required.
The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
deleted text begin subdivision 1.deleted text end new text begin subdivisions 1 and 1a including, at a minimum:
new text end
new text begin
(1) documentation of the training provider;
new text end
new text begin
(2) documentation of the content of the training provided;
new text end
new text begin
(3) documentation that crisis intervention and mental illness crisis training included
scenario-based instruction in compliance with the standards described in subdivision 1a;
new text end
new text begin
(4) compiled evaluations; and
new text end
new text begin
(5) explanation of expenditure of funds.
new text end
The documentation deleted text begin is subject to periodic review by the board, anddeleted text end shall be deleted text begin made availabledeleted text end new text begin
submittednew text end to the board deleted text begin at its requestdeleted text end .new text begin The board shall include in the compliance reviews
required in section 626.8459 an evaluation of the effectiveness of in-service crisis intervention
and mental illness crisis training in reducing officer use of force and diverting people
experiencing a mental illness crisis from arrest.
new text end
Subd. 3.
Licensing sanctions; injunctive relief.
The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
Sec. 15.
new text begin
[626.8474] AUTISM TRAINING.
new text end
new text begin Subdivision 1. new text end
new text begin Learning objectives required. new text end
new text begin
(a) By January 1, 2021, the board shall
prepare learning objectives for preservice and in-service training on ensuring safer
interactions between peace officers and persons with autism. At a minimum, the objectives
must address the following:
new text end
new text begin
(1) autism overview and behavioral understanding;
new text end
new text begin
(2) best practices for interventions and de-escalation strategies;
new text end
new text begin
(3) prevention and crisis reduction models; and
new text end
new text begin
(4) objective review of tools and technology available.
new text end
new text begin
(b) In developing the learning objectives, the board shall consult with, at a minimum:
new text end
new text begin
(1) individuals with autism;
new text end
new text begin
(2) family members of individuals with autism;
new text end
new text begin
(3) autism experts; and
new text end
new text begin
(4) peace officers.
new text end
new text begin Subd. 2. new text end
new text begin Preservice training required. new text end
new text begin
(a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of professional peace officer
educational programs.
new text end
new text begin
(b) A person is not eligible to take the peace officer licensing examination after July 1,
2021, unless the individual has received the training described in paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin In-service training required. new text end
new text begin
Beginning July 1, 2021, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service autism
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. The
training must consist of at least four continuing education credits within an officer's three-year
licensing cycle. Each peace officer with a license renewal date after June 30, 2021, is not
required to complete this training until the officer's next full three-year licensing cycle.
new text end
new text begin Subd. 4. new text end
new text begin Record keeping required. new text end
new text begin
The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The documentation is subject to periodic review by the board, and must be
made available to the board at its request.
new text end
new text begin Subd. 5. new text end
new text begin Licensing sanctions; injunctive relief. new text end
new text begin
The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end
Sec. 16. new text begin APPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
MENTAL ILLNESS CRISIS TRAINING.
new text end
new text begin
$145,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training (POST) Board to reimburse law enforcement agency crisis
intervention and mental illness crisis training expenses for training that is provided by
approved entities according to Minnesota Statutes, section 626.8469, subdivision 1a.
$137,000 is added to the board's base.
new text end
Sec. 17. new text begin APPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
COLLABORATION.
new text end
new text begin
$14,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training (POST) Board to administer a pilot project to create collaborations
between county mobile crisis mental health services described in Minnesota Statutes, section
245.469, and municipal law enforcement agencies. This appropriation is onetime. The
appropriation shall be used to purchase tablets and video conferencing telehealth services
to allow peace officers to connect quickly with members of the mobile crisis mental health
team to assist individuals in crisis. No later than September 1, 2021, law enforcement
agencies awarded grants shall provide a written report to the board describing the expenditure
of funds and evaluating the effectiveness of the project in diverting people experiencing a
mental illness crisis from arrest. The board shall submit a written report compiling the law
enforcement agency reports and evaluating the program to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over public
safety by January 1, 2022.
new text end
Sec. 18. new text begin APPROPRIATION.
new text end
new text begin
$8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension
for the fiscal year ending June 30, 2021, to implement autism training.
new text end
Sec. 19. new text begin COMMUNITY-LED PUBLIC SAFETY GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Appropriation. new text end
new text begin
$15,000,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of public safety to promote community-led public
safety.
new text end
new text begin Subd. 2. new text end
new text begin Community-led public safety coordinator. new text end
new text begin
Of the amount appropriated in
subdivision 1, $100,000 is for one community-led public safety coordinator position at the
Department of Public Safety.
new text end
new text begin Subd. 3. new text end
new text begin Grants to promote community-based responses to crises. new text end
new text begin
(a) Of the amount
appropriated in subdivision 1, $7,450,000 is for grants to promote mental health
crisis-response teams as provided in this subdivision.
new text end
new text begin
(b) The community-led public safety coordinator shall award grants to local units of
government or tribal governments that form a partnership with community-based
organizations to support, develop, or establish independent crisis-response teams to
de-escalate volatile situations; respond to situations involving a mental health crisis; promote
community-based efforts designed to enhance community safety and wellness; and support
community-based strategies to interrupt, intervene in, or respond to violence.
new text end
new text begin Subd. 4. new text end
new text begin Grants to promote community healing. new text end
new text begin
(a) Of the amount appropriated in
subdivision 1, $7,450,000 is for grants to promote healing support in black, indigenous, and
people of color communities in Minnesota.
new text end
new text begin
(b) The community-led public safety coordinator shall award grants to community-based
organizations that provide programs and direct intervention to promote wellness and healing
justice. In awarding grants, the coordinator may collaborate with organizations that provide
supportive professional community and mutual aid networks for wellness and healing justice
practitioners. Grants are available for:
new text end
new text begin
(1) programmatic and community care support for wellness and healing justice
practitioners;
new text end
new text begin
(2) the establishment and expansion of community organizations that provide wellness
and healing justice services;
new text end
new text begin
(3) placing wellness and healing justice practitioners in organizations that provide direct
service to black, indigenous, and people of color communities in Minnesota;
new text end
new text begin
(4) providing healing circles;
new text end
new text begin
(5) establishing and expanding Community Coach Certification programs to train
community healers and establish a long-term strategy to build the infrastructure for
community healers to be available during times of tragedy; and
new text end
new text begin
(6) restorative justice programs including but not limited to sentencing circles.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
(a) On or before January 15 of each year, the community-led public
safety coordinator shall submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety that includes:
new text end
new text begin
(1) the number of grants issued under subdivision 3;
new text end
new text begin
(2) the number of grants issued under subdivision 4;
new text end
new text begin
(3) the amount of funding awarded for each project;
new text end
new text begin
(4) a description of the programs and services funded;
new text end
new text begin
(5) plans for the long-term sustainability of the projects; and
new text end
new text begin
(6) data on outcomes for the programs and services funded.
new text end
new text begin
(b) Grantees must provide information and data requested by the coordinator to support
the development of this report.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 181.973,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 20-8943
181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.
A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any personnel or occupational licensing matter involving the person being debriefed or counseled.
For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related trauma, illness, or stress begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.