1.1.................... moves to amend H.F. No. 1 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:
1.4    Subd. 9. Peer counseling debriefing data. (a) Data acquired by a peer group member
1.5in a support counselor when providing public safety peer counseling debriefing is private
1.6data on the person being debriefed are governed by section 181.9731.
1.7    (b) For purposes of this subdivision, "public safety peer counseling debriefing" means
1.8a group process oriented debriefing session held for peace officers, firefighters, medical
1.9emergency persons, dispatchers, or other persons involved with public safety emergency
1.10services, that is established by any government entity providing public safety emergency
1.11services and is designed to help a person who has suffered an occupation-related traumatic
1.12event begin the process of healing and effectively dealing with posttraumatic stress:
1.13    (1) "peer support counselor" has the meaning given in section 181.9731, subdivision 1,
1.14paragraph (c); and
1.15    (2) "public safety peer counseling" has the meaning given in section 181.9731, subdivision
1.161, paragraph (d).
1.17EFFECTIVE DATE.This section is effective August 1, 2020.

1.18    Sec. 2. Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to
1.19read:
1.20    Subd. 9a. Critical incident stress management data. (a) Data acquired by a critical
1.21incident stress management team member when providing critical incident stress management
1.22services are governed by section 181.9732.
1.23(b) For purposes of this subdivision:
2.1(1) "critical incident stress management services" has the meaning given in section
2.2181.9732, subdivision 1, paragraph (c); and
2.3(2) "critical incident stress management team member" has the meaning given in section
2.4181.9732, subdivision 1, paragraph (e).
2.5EFFECTIVE DATE.This section is effective August 1, 2020.

2.6    Sec. 3. [181.9731] PUBLIC SAFETY PEER COUNSELING.
2.7    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
2.8the meanings given.
2.9(b) "Emergency service provider" includes a peace officer, correctional officer, probation
2.10officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
2.11emergency medical clinic personnel, a person who provides emergency medical services
2.12for a Minnesota licensed ambulance service, forensic science professional, or other person
2.13involved with public safety emergency services, either paid or volunteer.
2.14(c) "Peer support counselor" means an individual who is:
2.15(1) specially trained to provide public safety peer counseling services in accordance
2.16with standards that are both (i) established by an accredited mental health organization or
2.17network, and (ii) recognized by the commissioner of public safety; and
2.18(2) designated by the emergency service provider's agency to provide such services.
2.19(d) "Public safety peer counseling" means one or more sessions, led by a peer support
2.20counselor, designed to help an emergency service provider who experienced an
2.21occupation-related trauma, illness, or stress develop skills and strategies to better understand,
2.22cope with, and process emotions and memories tied to the trauma, illness, or stress. Public
2.23safety peer counseling includes group sessions led by a peer support counselor, one-to-one
2.24contact with a peer support counselor, and meetings with a peer support counselor to obtain
2.25referrals to appropriate mental health or community support services.
2.26    Subd. 2. Peer support counselor; prohibition on being witness or party. A peer
2.27support counselor may not provide public safety peer counseling to an emergency service
2.28provider if the emergency service provider is seeking public safety peer counseling to address
2.29a critical incident, as defined in section 181.9732, subdivision 1, paragraph (b), to which
2.30the peer support counselor is a witness. A peer support counselor may refer the person to
2.31another peer support counselor or other appropriate mental health or community support
2.32service.
3.1    Subd. 3. Disclosure prohibited. (a) Except as provided in subdivision 4, a peer support
3.2counselor or any person who receives public safety peer counseling shall not be required
3.3to disclose information to a third party that was obtained solely through the provision or
3.4receipt of public safety peer counseling.
3.5(b) Government data on individuals receiving peer counseling are classified as private
3.6data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as
3.7provided in subdivision 4.
3.8    Subd. 4. Exceptions. The prohibition established under subdivision 3 does not apply if
3.9any of the following are true:
3.10(1) the peer support counselor reasonably believes the disclosure is necessary to prevent
3.11harm to self by the person in receipt of public safety peer counseling or to prevent the person
3.12from harming another person, provided the disclosure is only for the purpose of preventing
3.13the person from harming self or others and limited to information necessary to prevent such
3.14harm;
3.15(2) the person receiving public safety peer counseling discloses information that is
3.16required to be reported under the mandated reporting laws, including, but not limited to,
3.17the reporting of maltreatment of minors under section 626.556 and the reporting of
3.18maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
3.19for the purpose of reporting maltreatment and limited to information necessary to make
3.20such a report;
3.21(3) the person who received public safety peer counseling provides written consent
3.22authorizing disclosure of the information;
3.23(4) the emergency service provider who received public safety peer counseling is deceased
3.24and the surviving spouse or administrator of the estate of the deceased emergency service
3.25provider gives written consent authorizing disclosure of the information; or
3.26(5) the emergency service provider who received public safety peer counseling voluntarily
3.27testifies, in which case the peer support counselor may be compelled to testify on the same
3.28subject.
3.29EFFECTIVE DATE.This section is effective August 1, 2020.

3.30    Sec. 4. [181.9732] CRITICAL INCIDENT STRESS MANAGEMENT.
3.31    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
3.32the meanings given.
4.1(b) "Critical incident" means an event that results in acute or cumulative psychological
4.2stress or trauma to an emergency service provider. Critical incident includes but is not
4.3limited to any encounter which may result in the death of or serious injury to another person
4.4such as fatal motor vehicle accidents, child abuse investigations, death investigations, and
4.5large scale man-made or natural disasters.
4.6(c) "Critical incident stress management services" means consultation, risk assessment,
4.7education, intervention, and other crisis intervention services provided by a critical incident
4.8stress management team or critical incident stress management team member to an emergency
4.9service provider affected by a critical incident.
4.10(d) "Critical incident stress management team" means a group organized to provide
4.11critical incident stress management to emergency service providers and consists of critical
4.12incident stress management team members. A critical incident stress management team may
4.13include members from any emergency service discipline, mental health professionals, and
4.14designated emergency service chaplains.
4.15(e) "Critical incident stress management team member" means an individual who:
4.16(1) is trained to provide critical incident stress management services in accordance with
4.17standards that are both (i) established by a nationally recognized critical incident stress
4.18management organization or network, and (ii) recognized by the commissioner of public
4.19safety;
4.20(2) was approved to function as a critical incident stress management team member prior
4.21to the time critical incident stress management services are provided; and
4.22(3) is approved to function as a critical incident stress management team member at the
4.23time the critical incident stress management services are provided.
4.24(f) "Emergency service provider" includes a peace officer, correctional officer, probation
4.25officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
4.26emergency medical clinic personnel, a person who provides emergency medical services
4.27for a Minnesota licensed ambulance service, forensic science professional, or other person
4.28involved with public safety emergency services, either paid or volunteer.
4.29    Subd. 2. Team members; prohibition on being witness or party. A person who
4.30otherwise qualifies as a critical incident stress management team member may not be part
4.31of a critical incident stress management team providing services to an emergency service
4.32provider if the critical incident stress management team member is a witness to the critical
4.33incident for which the person is receiving services.
5.1    Subd. 3. Disclosure prohibited. (a) Except as provided in subdivision 4, a critical
5.2incident stress management team member or any person who receives critical incident stress
5.3management services shall not be required to disclose information to a third party that was
5.4obtained solely through the provision or receipt of critical incident stress management
5.5services.
5.6(b) Government data on individuals receiving critical incident stress management services
5.7are classified as private data on individuals, as defined by section 13.02, subdivision 12,
5.8but may be disclosed as provided in subdivision 4.
5.9    Subd. 4. Exceptions. The prohibition established under subdivision 3 does not apply if
5.10any of the following are true:
5.11(1) the critical incident stress management team member reasonably believes the
5.12disclosure is necessary to prevent harm to self by the person in receipt of critical incident
5.13stress management services or to prevent the person from harming another person, provided
5.14the disclosure is only for the purpose of preventing the person from harming self or others
5.15and limited to information necessary to prevent such harm;
5.16(2) the person receiving critical incident stress management services discloses information
5.17that is required to be reported under the mandated reporting laws, including, but not limited
5.18to, the reporting of maltreatment of minors under section 626.556 and the reporting of
5.19maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
5.20for the purpose of reporting maltreatment and limited to information necessary to make
5.21such a report;
5.22(3) the person who received critical incident stress management services provides written
5.23consent authorizing disclosure of the information;
5.24(4) the emergency service provider who received critical incident stress management
5.25services is deceased and the surviving spouse or administrator of the estate of the deceased
5.26emergency service provider gives written consent authorizing disclosure of the information;
5.27or
5.28(5) the emergency service provider who received critical incident stress management
5.29services voluntarily testifies, in which case the critical incident stress management team
5.30member may be compelled to testify on the same subject.
5.31EFFECTIVE DATE.This section is effective August 1, 2020.

6.1    Sec. 5. [299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
6.2    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
6.3meanings provided.
6.4(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
6.5paragraph (f).
6.6(c) "Officer-involved death" means the death of another that results from a peace officer's
6.7use of force while the officer is on duty or off duty but performing activities that are within
6.8the scope of the officer's law enforcement duties.
6.9(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
6.10(c).
6.11(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
6.12(f) "Unit" means the independent Use of Force Investigations Unit.
6.13    Subd. 2. Formation; special agent in charge; duty. The superintendent shall form an
6.14independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
6.15to conduct officer-involved death investigations. The superintendent, in consultation with
6.16the commissioner of public safety, shall select a special agent in charge of the unit.
6.17    Subd. 3. Additional duty. The unit shall investigate all criminal sexual conduct cases
6.18involving peace officers, including criminal sexual conduct cases involving chief law
6.19enforcement officers. The unit may also investigate conflict of interest cases involving peace
6.20officers.
6.21    Subd. 4. Staff; support. The unit shall employ peace officers and staff to conduct
6.22investigations and the superintendent shall develop and implement policies and procedures
6.23to ensure no conflict of interest exists with agents assigned to investigate a particular incident.
6.24The superintendent may permit bureau resources not directly assigned to this unit to be used
6.25to assist the unit in fulfilling the duties assigned in this section.
6.26    Subd. 5. Conflicts. When a peace officer employed by the Bureau of Criminal
6.27Apprehension is the subject of an officer-involved death investigation, the investigation
6.28shall be conducted by an investigatory agency selected by the county attorney in the
6.29jurisdiction where the alleged offense took place.
6.30    Subd. 6. Reporting. As provided for in chapter 13, the superintendent must make all
6.31inactive investigative data that are public under section 13.82, subdivision 7, or other
6.32applicable law available on the bureau's website within 30 days of the end of the last criminal
7.1appeal of a subject of an investigation. By February 1 of each year, the superintendent shall
7.2report to the commissioner, the governor, and the chairs and ranking minority members of
7.3the legislative committees with jurisdiction over public safety finance and policy the
7.4following information about the unit: the number of investigations initiated; the number of
7.5incidents investigated; the outcomes or current status of each investigation; the charging
7.6decisions made by the prosecuting authority of incidents investigated by the unit; the number
7.7of plea agreements reached in incidents investigated by the unit; and any other information
7.8relevant to the unit's mission.
7.9    Subd. 7. Expiration. The independent use of force investigations unit expires August
7.101, 2024.
7.11EFFECTIVE DATE.This section is effective August 1, 2020.

7.12    Sec. 6. Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to
7.13read:
7.14    Subd. 1a. Residency incentives for peace officers. A statutory or home rule charter
7.15city or county may offer incentives to encourage a person hired as a peace officer, as defined
7.16in section 626.84, subdivision 1, paragraph (c), to be a resident of the city or county.
7.17EFFECTIVE DATE.This section is effective August 1, 2020.

7.18    Sec. 7. Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:
7.19    Subdivision 1. When authorized. Except as otherwise provided in subdivision
7.20subdivisions 2 and 3, reasonable force may be used upon or toward the person of another
7.21without the other's consent when the following circumstances exist or the actor reasonably
7.22believes them to exist:
7.23(1) when used by a public officer or one assisting a public officer under the public
7.24officer's direction:
7.25(a) in effecting a lawful arrest; or
7.26(b) in the execution of legal process; or
7.27(c) in enforcing an order of the court; or
7.28(d) in executing any other duty imposed upon the public officer by law; or
7.29(2) when used by a person not a public officer in arresting another in the cases and in
7.30the manner provided by law and delivering the other to an officer competent to receive the
7.31other into custody; or
8.1(3) when used by any person in resisting or aiding another to resist an offense against
8.2the person; or
8.3(4) when used by any person in lawful possession of real or personal property, or by
8.4another assisting the person in lawful possession, in resisting a trespass upon or other
8.5unlawful interference with such property; or
8.6(5) when used by any person to prevent the escape, or to retake following the escape,
8.7of a person lawfully held on a charge or conviction of a crime; or
8.8(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
8.9pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or
8.10(7) when used by a school employee or school bus driver, in the exercise of lawful
8.11authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or
8.12(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
8.13requirement for the conduct of passengers and reasonable care is exercised with regard to
8.14the passenger's personal safety; or
8.15(9) when used to restrain a person with a mental illness or a person with a developmental
8.16disability from self-injury or injury to another or when used by one with authority to do so
8.17to compel compliance with reasonable requirements for the person's control, conduct, or
8.18treatment; or
8.19(10) when used by a public or private institution providing custody or treatment against
8.20one lawfully committed to it to compel compliance with reasonable requirements for the
8.21control, conduct, or treatment of the committed person.
8.22EFFECTIVE DATE.This section is effective August 1, 2020.

8.23    Sec. 8. Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
8.24read:
8.25    Subd. 3. Limitations on the use of certain restraints. (a) A peace officer may not use
8.26any of the following restraints unless section 609.066 authorizes the use of deadly force to
8.27protect the peace officer or another from death or great bodily harm:
8.28(1) a choke hold;
8.29(2) tying all of a person's limbs together behind the person's back to render the person
8.30immobile; or
9.1(3) securing a person in any way that results in transporting the person face down in a
9.2vehicle.
9.3(b) For the purposes of this subdivision, "choke hold" means a method by which a person
9.4applies sufficient pressure to a person to make breathing difficult or impossible, and includes
9.5but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
9.6breathing, or reduce intake of air. Choke hold also means applying pressure to a person's
9.7neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
9.8to the brain via the carotid arteries.
9.9EFFECTIVE DATE.This section is effective the day following final enactment.

9.10    Sec. 9. [626.5534] USE OF FORCE REPORTING.
9.11    Subdivision 1. Report required. A chief law enforcement officer must provide the
9.12information requested by the Federal Bureau of Investigation about each incident of law
9.13enforcement use of force resulting in serious bodily injury or death, as those terms are
9.14defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
9.15of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form
9.16for use by law enforcement agencies in making the report required under this section. The
9.17report must include for each incident all of the information requested by the Federal Bureau
9.18of Investigation.
9.19    Subd. 2. Use of information collected. A chief law enforcement officer must file the
9.20report under subdivision 1 once a month in the form required by the superintendent. The
9.21superintendent must summarize and analyze the information received and submit an annual
9.22written report to the chairs and ranking minority members of the house of representatives
9.23and senate committees with jurisdiction over public safety. The superintendent shall submit
9.24the information to the Federal Bureau of Investigation.
9.25EFFECTIVE DATE.This section is effective August 1, 2020.

9.26    Sec. 10. Minnesota Statutes 2018, section 626.841, is amended to read:
9.27626.841 BOARD; MEMBERS.
9.28The Board of Peace Officer Standards and Training shall be composed of the following
9.2915 17 members:
9.30(1) two members to be appointed by the governor from among the county sheriffs in
9.31Minnesota;
10.1(2) four members to be appointed by the governor from among peace officers in
10.2Minnesota municipalities, at least two of whom shall be chiefs of police;
10.3(3) two members to be appointed by the governor from among peace officers, at least
10.4one of whom shall be a member of the Minnesota State Patrol Association;
10.5(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;
10.6(5) two members appointed by the governor from among peace officers, or former peace
10.7officers, who are currently employed on a full-time basis in a professional peace officer
10.8education program;
10.9(6) two members to be appointed by the governor, one member to be appointed from
10.10among administrators of Minnesota colleges or universities that offer professional peace
10.11officer education, and one member to be appointed from among the elected city officials in
10.12statutory or home rule charter cities of under 5,000 population outside the metropolitan
10.13area, as defined in section 473.121, subdivision 2; and
10.14(7) two four members appointed by the governor from among the general public.
10.15A chair shall be appointed by the governor from among the members. In making
10.16appointments the governor shall strive to achieve representation from among the geographic
10.17areas of the state.
10.18EFFECTIVE DATE.This section is effective August 1, 2020.

10.19    Sec. 11. Minnesota Statutes 2018, section 626.843, is amended by adding a subdivision
10.20to read:
10.21    Subd. 1b. Rules governing complaints. If the board adopts rules to establish a
10.22subcommittee to investigate licensure actions, the subcommittee must have:
10.23(1) one voting board member appointed from the general public; and
10.24(2) three voting board members who are current or former peace officers.
10.25EFFECTIVE DATE.This section is effective August 1, 2020.

10.26    Sec. 12. [626.8434] WARRIOR-STYLE TRAINING PROHIBITED.
10.27    Subdivision 1. Definition. For purposes of this section, "warrior-style training" means
10.28training for peace officers that dehumanizes people or encourages aggressive conduct by
10.29peace officers during encounters with others in a manner that deemphasizes the value of
11.1human life or constitutional rights, the result of which increases a peace officer's likelihood
11.2or willingness to use deadly force.
11.3    Subd. 2. No continuing education credits or tuition reimbursement. (a) The board
11.4may not certify a continuing education course that includes warrior-style training.
11.5(b) The board may not grant continuing education credit to a peace officer for a course
11.6that includes warrior-style training.
11.7(c) The board may not reimburse a law enforcement agency or a peace officer for a
11.8course that includes warrior-style training.
11.9    Subd. 3. Training prohibited. A law enforcement agency may not provide warrior-style
11.10training, directly or through a third party, to a peace officer.
11.11EFFECTIVE DATE.This section is effective August 1, 2020.

11.12    Sec. 13. [626.8435] ENSURING POLICE EXCELLENCE AND IMPROVING
11.13COMMUNITY RELATIONS ADVISORY COUNCIL.
11.14    Subdivision 1. Establishment and membership. The Ensuring Police Excellence and
11.15Improving Community Relations Advisory Council is established under the Peace Officer
11.16Standards and Training Board. The council consists of the following 15 members:
11.17(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
11.18(2) the executive director of the Peace Officer Standards and Training Board, or a
11.19designee;
11.20(3) the executive director of the Minnesota Police and Peace Officers Association, or a
11.21designee;
11.22(4) the executive director of the Minnesota Sheriff's Association, or a designee;
11.23(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
11.24and
11.25(6) six community members, of which:
11.26(i) four members shall represent the community-specific boards established under section
11.27257.0768, reflecting one appointment made by each board;
11.28(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
11.29chapter of the National Alliance on Mental Illness; and
12.1(iii) one member shall be an advocate for victims and shall be appointed by Violence
12.2Free Minnesota; and
12.3(7) four members appointed by the legislature, of which one shall be appointed by the
12.4speaker of the house, one by the house minority leader, one by the senate majority leader,
12.5and one by the senate minority leader.
12.6The appointing authorities shall make their appointments by September 15, 2020, and
12.7shall ensure geographical balance when making appointments.
12.8    Subd. 2. Purpose and duties. (a) The purpose of the council is to assist the board in
12.9maintaining policies and regulating peace officers in a manner that ensures the protection
12.10of civil and human rights. The council shall provide for citizen involvement in policing
12.11policies, regulations, and supervision. The council shall advance policies and reforms that
12.12promote positive interactions between peace officers and the community.
12.13(b) The board chair must place the council's recommendations to the board on the board's
12.14agenda within four months of receiving a recommendation from the council.
12.15    Subd. 3. Organization. The council shall be organized and administered under section
12.1615.059, except that the council does not expire. Council members serve at the pleasure of
12.17the appointing authority. The council shall select a chairperson from among the members
12.18by majority vote at its first meeting. The executive director of the board shall serve as the
12.19council's executive secretary.
12.20    Subd. 4. Meetings. The council must meet at least quarterly. Meetings of the council
12.21are governed by chapter 13D. The executive director of the Peace Officer Standards and
12.22Training Board shall convene the council's first meeting, which must occur by September
12.231, 2020.
12.24    Subd. 5. Office support. The executive director of the Peace Officer Standards and
12.25Training Board shall provide the council with the necessary office space, supplies, equipment,
12.26and clerical support to effectively perform the duties imposed.
12.27    Subd. 6. Reports. The council shall submit a report by February 15 of each year to the
12.28chairs and ranking minority members of the senate and house of representatives committees
12.29and divisions having jurisdiction over criminal justice policy and the board. At a minimum,
12.30the report shall include:
12.31(1) all recommendations presented to the board and how the board acted on those
12.32recommendations;
13.1(2) recommendations for statutory reform or legislative initiatives intended to promote
13.2police-community relations; and
13.3(3) updates on the council's review and determinations.
13.4EFFECTIVE DATE.This section is effective the day following final enactment.

13.5    Sec. 14. Minnesota Statutes 2018, section 626.845, is amended by adding a subdivision
13.6to read:
13.7    Subd. 3. Peace officer data. The board, in consultation with the Minnesota Chiefs of
13.8Police Association, Minnesota Sheriff's Association, and Minnesota Police and Peace
13.9Officers Association, shall create a central repository for peace officer data designated as
13.10public data under chapter 13. The database shall be designed to receive, in real time, the
13.11public data required to be submitted to the board by law enforcement agencies in section
13.12626.8457, subdivision 3, paragraph (b). To assure the anonymity of individuals, the database
13.13must use encrypted data to track information transmitted on individual peace officers.
13.14EFFECTIVE DATE.This section is effective the day following final enactment.

13.15    Sec. 15. Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
13.16to read:
13.17    Subd. 1a. Updated policy required. (a) By September 1, 2020, the board, in consultation
13.18with interested parties, shall adopt an updated comprehensive written model policy on the
13.19use of force, including deadly force, by peace officers, and distribute this policy to the chief
13.20law enforcement officer of every law enforcement agency in the state. The model policy
13.21must recognize and respect the sanctity and value of all human life and the need to treat
13.22everyone with dignity and without prejudice. At a minimum, the policy must include:
13.23(1) a duty for peace officers to intercede when present and observing another peace
13.24officer using force that is clearly beyond what is objectively reasonable under the law and
13.25the particular circumstances of the case, and in a position to do so;
13.26(2) a duty for peace officers to report any illegal use of force by another peace officer
13.27to the officer's chief law enforcement officer; and
13.28(3) a duty for peace officers to only use deadly force including techniques that are
13.29restricted by section 609.06, subdivision 3, as authorized in section 609.066. However, even
13.30in those circumstances, the policy must require that less lethal measures be considered first
13.31by the officer.
14.1(b) The board shall incorporate all applicable standards in sections 609.06, subdivision
14.23, and 609.066, even if a standard has a delayed effective date. The revised model policy
14.3shall clearly identify the effective date of provisions with an effective date beyond September
14.41, 2020.
14.5(c) By December 15, 2020, the chief law enforcement officer of every state and local
14.6law enforcement agency must update the policy required under subdivision 1 so that it is
14.7identical or substantially similar to the model policy developed by the board under
14.8subdivision 1a. The board must assist the chief law enforcement officer of each state and
14.9local law enforcement agency in developing and implementing policies under this
14.10subdivision.
14.11EFFECTIVE DATE.This section is effective August 1, 2020.

14.12    Sec. 16. Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:
14.13    Subd. 4. Record keeping required. The head of every local and state law enforcement
14.14agency shall maintain written records of the agency's compliance with the requirements of
14.15subdivisions 1a, 2, and 3.
14.16EFFECTIVE DATE.This section is effective August 1, 2020.

14.17    Sec. 17. Minnesota Statutes 2018, section 626.8452, subdivision 5, is amended to read:
14.18    Subd. 5. Licensing sanctions; injunctive relief. The board has authority to inspect state
14.19and local law enforcement agency policies to ensure compliance with this section. The board
14.20may conduct this inspection based upon a complaint it receives about a particular agency
14.21or through a random selection process. The board may impose licensing sanctions and seek
14.22injunctive relief under section 214.11 for failure to comply with the requirements of this
14.23section.
14.24EFFECTIVE DATE.This section is effective August 1, 2020.

14.25    Sec. 18. Minnesota Statutes 2018, section 626.8457, subdivision 3, is amended to read:
14.26    Subd. 3. Report on alleged misconduct; database; report. (a) A chief law enforcement
14.27officer shall report annually to the board summary data regarding the investigation and
14.28disposition of cases involving alleged misconduct, indicating the total number of
14.29investigations, the total number by each subject matter, the number dismissed as unfounded,
14.30and the number dismissed on grounds that the allegation was unsubstantiated.
15.1(b) Beginning January 15, 2021, a chief law enforcement officer, in real time, must
15.2submit individual peace officer data classified as public and submitted using encrypted data
15.3that the board determines is necessary to:
15.4(1) evaluate the effectiveness of statutorily required training;
15.5(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
15.6Council in accomplishing the council's duties; and
15.7(3) allow for the board, the Ensuring Police Excellence and Improving Community
15.8Relations Advisory Council, and the board's complaint investigation committee to identify
15.9patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
15.10model policy.
15.11(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
15.12must update data within 30 days of final disposition of a complaint or investigation.
15.13(d) Law enforcement agencies and political subdivisions are prohibited from entering
15.14into a confidentiality agreement that would prevent disclosure of the data identified in
15.15paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
15.16of this section.
15.17(e) By February 1 of each year, the board shall prepare a report that contains summary
15.18data provided under paragraph (b). The board must post the report on its publicly accessible
15.19website and provide a copy to the chairs and ranking minority members of the senate and
15.20house of representatives committees and divisions having jurisdiction over criminal justice
15.21policy.
15.22EFFECTIVE DATE.This section is effective August 1, 2020.

15.23    Sec. 19. Minnesota Statutes 2018, section 626.8469, is amended to read:
15.24626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
15.25AND CULTURAL DIVERSITY.
15.26    Subdivision 1. In-service training required. Beginning July 1, 2018, the chief law
15.27enforcement officer of every state and local law enforcement agency shall provide in-service
15.28training in crisis intervention and mental illness crises; conflict management and mediation;
15.29ensuring safer interactions between peace officers and persons with autism; and recognizing
15.30and valuing community diversity and cultural differences to include implicit bias training
15.31to every peace officer and part-time peace officer employed by the agency. The training
15.32shall comply with learning objectives developed and approved by the board and, shall meet
16.1board requirements for board-approved continuing education credit, and shall be provided
16.2by an approved entity. The board shall create a list of approved entities and training courses
16.3and make the list available to the chief law enforcement officer of every state and local law
16.4enforcement agency. Crisis intervention and mental illness crisis training shall meet the
16.5standards in subdivision 1a. The training shall consist of at least 16 continuing education
16.6credits with a minimum of six hours for crisis intervention and mental illness crisis training
16.7and four hours to ensure safer interactions between peace officers and persons with autism
16.8within an officer's three-year licensing cycle. Each peace officer with a license renewal date
16.9after June 30, 2018, is not required to complete this training until the officer's next full
16.10three-year licensing cycle.
16.11    Subd. 1a. Crisis intervention and mental illness crisis training. (a) The board, in
16.12consultation with the commissioner of human services and mental health stakeholders, shall
16.13create a list of approved entities and training courses to instruct peace officers in techniques
16.14for responding to a mental illness crisis. A course must include scenario-based instruction
16.15and cover most of the following issues:
16.16(1) techniques for relating to individuals with mental illnesses and the individuals'
16.17families;
16.18(2) techniques for crisis de-escalation;
16.19(3) techniques for relating to diverse communities and education on mental illness
16.20diversity;
16.21(4) mental illnesses and the criminal justice system;
16.22(5) community resources and supports for individuals experiencing a mental illness crisis
16.23and for the individuals' families;
16.24(6) psychotropic medications and the medications' side effects;
16.25(7) co-occurring mental illnesses and substance use disorders;
16.26(8) suicide prevention; and
16.27(9) mental illnesses and disorders and the symptoms.
16.28(b) A course must also include training on children and families of individuals with
16.29mental illnesses to enable officers to respond appropriately to others who are present during
16.30a mental illness crisis. The board shall update the list of approved entities and training
16.31courses periodically as it considers appropriate.
17.1    Subd. 2. Record keeping required. The head of every local and state law enforcement
17.2agency shall maintain written records of the agency's compliance with the requirements of
17.3subdivision 1. subdivisions 1 and 1a including, at a minimum:
17.4(1) documentation of the training provider;
17.5(2) documentation of the content of the training provided;
17.6(3) documentation that crisis intervention and mental illness crisis training included
17.7scenario-based instruction in compliance with the standards described in subdivision 1a;
17.8(4) compiled evaluations; and
17.9(5) explanation of expenditure of funds.
17.10The documentation is subject to periodic review by the board, and shall be made available
17.11submitted to the board at its request. The board shall include in the compliance reviews
17.12required in section 626.8459 an evaluation of the effectiveness of in-service training provided
17.13under this section in reducing officer use of force and diverting people experiencing a mental
17.14illness crisis from arrest.
17.15    Subd. 3. Licensing sanctions; injunctive relief. The board may impose licensing
17.16sanctions and seek injunctive relief under section 214.11 for failure to comply with the
17.17requirements of this section.
17.18EFFECTIVE DATE.This section is effective August 1, 2020.

17.19    Sec. 20. [626.8474] AUTISM TRAINING.
17.20    Subdivision 1. Learning objectives required. (a) By January 1, 2021, the board shall
17.21prepare learning objectives for preservice and in-service training on ensuring safer
17.22interactions between peace officers and persons with autism. At a minimum, the objectives
17.23must address the following:
17.24(1) autism overview and behavioral understanding;
17.25(2) best practices for interventions and de-escalation strategies;
17.26(3) prevention and crisis reduction models; and
17.27(4) objective review of tools and technology available.
17.28(b) In developing the learning objectives, the board shall consult with, at a minimum:
17.29(1) individuals with autism;
17.30(2) family members of individuals with autism;
18.1(3) autism experts; and
18.2(4) peace officers.
18.3    Subd. 2. Preservice training required. (a) The learning objectives developed pursuant
18.4to subdivision 1 must be included in the required curriculum of professional peace officer
18.5educational programs.
18.6(b) A person is not eligible to take the peace officer licensing examination after July 1,
18.72021, unless the individual has received the training described in paragraph (a).
18.8    Subd. 3. In-service training required. Beginning July 1, 2021, the chief law enforcement
18.9officer of every state and local law enforcement agency shall provide in-service autism
18.10training to every peace officer and part-time peace officer employed by the agency. The
18.11training must comply with the learning objectives developed and approved by the board
18.12and must meet board requirements for board-approved continuing education credit. The
18.13training must consist of at least four continuing education credits of the credits required
18.14under section 626.8469 within an officer's three-year licensing cycle. Each peace officer
18.15with a license renewal date after June 30, 2021, is not required to complete this training
18.16until the officer's next full three-year licensing cycle.
18.17    Subd. 4. Record keeping required. The head of every local and state law enforcement
18.18agency shall maintain written records of the agency's compliance with the requirements of
18.19subdivision 3. The documentation is subject to periodic review by the board, and must be
18.20made available to the board at its request.
18.21    Subd. 5. Licensing sanctions; injunctive relief. The board may impose licensing
18.22sanctions and seek injunctive relief under section 214.11 for failure to comply with the
18.23requirements of this section.
18.24EFFECTIVE DATE.This section is effective August 1, 2020.

18.25    Sec. 21. [626.8475] DUTY TO INTERCEDE AND REPORT.
18.26(a) Regardless of tenure or rank, a peace officer must intercede when:
18.27(1) present and observing another peace officer using force in violation of section 609.066,
18.28subdivision 2, or otherwise beyond that which is objectively reasonable under the
18.29circumstances; and
18.30(2) physically or verbally able to do so.
18.31(b) A peace officer who observes another employee or peace officer use force that
18.32exceeds the degree of force permitted by law has the duty to report the incident in writing
19.1within 24 hours to the chief law enforcement officer of the agency that employs the reporting
19.2peace officer.
19.3(c) A peace officer who breaches a duty established in this subdivision is subject to
19.4discipline by the board under Minnesota Rules, part 6700.1600.
19.5EFFECTIVE DATE.This section is effective August 1, 2020.

19.6    Sec. 22. [626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
19.7PROCEDURE.
19.8    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
19.9section have the meanings given them.
19.10(b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
19.11(c) "Employer" means a political subdivision or law enforcement agency employing a
19.12peace officer.
19.13(d) "Grievance" means a dispute or disagreement regarding any written disciplinary
19.14action, discharge, or termination decision of a peace officer arising under a collective
19.15bargaining agreement covering peace officers.
19.16(e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
19.17procedure in a collective bargaining agreement covering peace officers, as required by this
19.18section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
19.19sections are consistent with this section.
19.20(f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
19.21except as otherwise provided in this section or to the extent inconsistent with this section.
19.22(g) "Peace officer" means a licensed peace officer or part-time peace officer subject to
19.23licensure under sections 626.84 to 626.863.
19.24    Subd. 2. Applicability. (a) Notwithstanding any contrary provision of law, home rule
19.25charter, ordinance, or resolution, the arbitrator selection procedure established under this
19.26section shall apply to all peace officer grievance arbitrations for written disciplinary action,
19.27discharge, or termination heard on or after the effective date.
19.28(b) The grievance procedure for all collective bargaining agreements covering peace
19.29officers negotiated on or after the day following final enactment must include the arbitrator
19.30selection procedure established in this section.
20.1(c) This section does not authorize arbitrators appointed under this section to hear
20.2arbitrations of public employees who are not peace officers.
20.3    Subd. 3. Fees. All fees charged by arbitrators under this section shall be in accordance
20.4with a schedule of fees established by the commissioner on an annual basis.
20.5    Subd. 4. Roster of arbitrators. The commissioner, in consultation with community and
20.6law enforcement stakeholders, shall appoint a roster of six persons suited and qualified by
20.7training and experience to act as arbitrators for peace officer grievance arbitrations under
20.8this section. In making these appointments, and as applicable, the commissioner may consider
20.9the factors set forth in Minnesota Rules, parts 5530.0600 and 5530.0700, subpart 6, as well
20.10as a candidate's experience and training in cultural competency, racism, implicit bias, and
20.11recognizing and valuing community diversity and cultural differences. The appointments
20.12are effective immediately upon filing with the secretary of state. Arbitrators on the roster
20.13created by this subdivision shall not serve as an arbitrator in a labor arbitration other than
20.14a grievance arbitration as defined in this section.
20.15    Subd. 5. Applications. The secretary of state shall solicit and accept applications in the
20.16same manner as for open appointments under section 15.0597.
20.17    Subd. 6. Terms. (a) Initial appointments to the roster of arbitrators shall be made as
20.18follows:
20.19(1) two appointments to expire on the first Monday in January 2023;
20.20(2) two appointments to expire on the first Monday in January 2024; and
20.21(3) two appointments to expire on the first Monday in January 2025.
20.22(b) Subsequent appointments to the roster of arbitrators shall be for three-year terms to
20.23expire on the first Monday in January, with the terms of no more than two arbitrators to
20.24expire in the same year.
20.25(c) An arbitrator may be re-appointed to the roster upon expiration of the arbitrator's
20.26term. If the arbitrator is not re-appointed, the arbitrator may continue to serve until a successor
20.27is appointed, but in no case later than July 1 of the year in which the arbitrator's term expires.
20.28    Subd. 7. Applicability of Minnesota Rules, chapter 5530. To the extent consistent
20.29with this section, the following provisions of Minnesota Rules apply to arbitrators on the
20.30roster of arbitrators established under this section:
20.31(1) Minnesota Rules, part 5530.0500 (status of arbitrators);
20.32(2) Minnesota Rules, part 5530.0800 (arbitrator conduct and standards); and
21.1(3) Minnesota Rules, part 5530.1000 (arbitration proceedings).
21.2    Subd. 8. Performance measures. To the extent applicable, the commissioner shall track
21.3the performance measures set forth in Minnesota Rules, part 5530.1200.
21.4    Subd. 9. Removal; vacancies. An arbitrator appointed to the roster of arbitrators may
21.5be removed from the roster only by the commissioner in accordance with the procedures
21.6set forth in Minnesota Rules, part 5530.1300. A vacancy on the roster caused by a removal,
21.7a resignation, or another reason shall be filled by the commissioner as necessary to fill the
21.8remainder of the arbitrator's term. A vacancy on the roster occurring with less than six
21.9months remaining in the arbitrator's term shall be filled for the existing term and the following
21.10three-year term.
21.11    Subd. 10. Training. (a) A person appointed to the arbitrator roster under this section
21.12must complete training as required by the commissioner during the person's appointment.
21.13At a minimum, an initial training must include:
21.14(1) at least six hours on the topics of cultural competency, racism, implicit bias, and
21.15recognizing and valuing community diversity and cultural differences; and
21.16(2) at least six hours on topics related to the daily experience of peace officers, which
21.17may include ride-alongs with on-duty officers or other activities that provide exposure to
21.18the environments, choices, and judgments required of officers in the field.
21.19The commissioner may adopt rules establishing training requirements consistent with
21.20this subdivision.
21.21(b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required
21.22initial training by July 1, 2021. An arbitrator appointed to the roster of arbitrators after 2020
21.23must complete the required initial training within six months of the arbitrator's appointment.
21.24(c) All costs associated with the required training must be borne by the arbitrator.
21.25    Subd. 11. Selection of arbitrators. The commissioner shall assign or appoint an arbitrator
21.26or panel of arbitrators from the roster to a peace officer grievance arbitration under this
21.27section on rotation through the roster alphabetically ordered by last name. The parties shall
21.28not participate in, negotiate for, or agree to the selection of an arbitrator or arbitration panel
21.29under this section. The arbitrator or panel shall decide the grievance, and the decision is
21.30binding subject to the provisions of chapter 572B.
21.31    Subd. 12. Interaction with other laws. (a) Sections 179A.21, subdivision 2, and 572B.11,
21.32paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
22.1shall not apply to discipline-related grievance arbitrations involving peace officers governed
22.2under this section.
22.3(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
22.4resolution, peace officers, through their certified exclusive representatives, shall not have
22.5the right to negotiate for or agree to a collective bargaining agreement or a grievance
22.6arbitration selection procedure with their employers that is inconsistent with this section.
22.7(c) The arbitrator selection procedure for peace officer grievance arbitrations established
22.8under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
22.9Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
22.10in those chapters remain in full force and effect for peace officer grievance arbitrations,
22.11except as provided in this section or to the extent inconsistent with this section.
22.12EFFECTIVE DATE.This section is effective September 1, 2020, except that subdivision
22.132, paragraph (b), is effective the day following final enactment.

22.14    Sec. 23. Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4,
22.15is amended to read:
22.16
Subd. 4.Peace Officer Training Assistance
22.17$6,000,000 each year is to support and
22.18strengthen law enforcement training and
22.19implement best practices. The base for this
22.20activity is $0 in fiscal year 2022 2024 and
22.21thereafter.

22.22    Sec. 24. APPROPRIATION; BUREAU OF MEDIATION SERVICES.
22.23$120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of
22.24Mediation Services for rulemaking, staffing, and other costs associated with peace officer
22.25grievance procedures. The base for this appropriation is $47,000 in fiscal year 2022 and
22.26thereafter.
22.27EFFECTIVE DATE.This section is effective August 1, 2020.

22.28    Sec. 25. APPROPRIATION FOR INDEPENDENT USE OF FORCE
22.29INVESTIGATIONS UNIT IN BCA.
22.30$3,365,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
22.31of public safety to establish and operate the independent Use of Force Investigations Unit
23.1in the Bureau of Criminal Apprehension. The base for this appropriation is $3,272,000 in
23.2fiscal years 2022 and 2023. The base for this appropriation is $0 in fiscal year 2024.
23.3EFFECTIVE DATE.This section is effective August 1, 2020.

23.4    Sec. 26. APPROPRIATION; AUTISM TRAINING.
23.5$8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension
23.6for the fiscal year ending June 30, 2021, to implement autism training.
23.7EFFECTIVE DATE.This section is effective August 1, 2020.

23.8    Sec. 27. APPROPRIATION; DATABASE.
23.9$1,500,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
23.10Standards and Training Board to design, build, implement, and operate a database to receive
23.11the public data required to be submitted to the board by law enforcement agencies in
23.12Minnesota Statutes, section 626.8457, subdivision 3, paragraph (b). The base for this activity
23.13is $1,500,000 in fiscal years 2022 and 2023 and $0 in fiscal year 2024 and thereafter.
23.14EFFECTIVE DATE.This section is effective the day following final enactment.

23.15    Sec. 28. REPEALER.
23.16Minnesota Statutes 2018, section 181.973, is repealed.
23.17EFFECTIVE DATE.This section is effective the day following final enactment."
23.18Delete the title and insert:
23.19"A bill for an act
23.20relating to public safety; providing for law enforcement; providing peer counseling,
23.21critical incident stress management, residency incentives, crisis intervention and
23.22mental illness crisis training, autism training, and duty to intercede and report for
23.23peace officers; providing for reporting of force; expanding membership of the
23.24Board of Peace Officer Standards and Training; prohibiting warrior-style training;
23.25providing for a community relations advisory council; providing for certain peace
23.26officer data; providing for peace officer grievance arbitration selection procedure;
23.27providing for reports; appropriating money;amending Minnesota Statutes 2018,
23.28sections 13.43, subdivision 9, by adding a subdivision; 415.16, by adding a
23.29subdivision; 609.06, subdivision 1, by adding a subdivision; 626.841; 626.843,
23.30by adding a subdivision; 626.845, by adding a subdivision; 626.8452, subdivisions
23.314, 5, by adding a subdivision; 626.8457, subdivision 3; 626.8469; Laws 2019, First
23.32Special Session chapter 5, article 1, section 13, subdivision 4; proposing coding
23.33for new law in Minnesota Statutes, chapters 181; 299C; 626; repealing Minnesota
23.34Statutes 2018, section 181.973."