1.1.................... moves to amend S. F. No. 104, the first unofficial engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.4LAW ENFORCEMENT OVERSIGHT
1.5 Section 1. Minnesota Statutes 2018, section 626.841, is amended to read:
1.6626.841 BOARD; MEMBERS.
1.7The Board of Peace Officer Standards and Training shall be composed of the following
1.815 19 members:
1.9(1) two members to be appointed by the governor from among the county sheriffs in
1.10Minnesota;
1.11(2) four members to be appointed by the governor from among peace officers in
1.12Minnesota municipalities, at least two of whom shall be chiefs of police;
1.13(3) two members to be appointed by the governor from among peace officers, at least
1.14one of whom shall be a member of the Minnesota State Patrol Association;
1.15(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;
1.16(5) two members appointed by the governor from among peace officers, or former peace
1.17officers, who are currently employed on a full-time basis in a professional peace
officer
1.18education program;
1.19(6) two members to be appointed by the governor, one member to be appointed from
1.20among administrators of Minnesota colleges or universities that offer professional
peace
1.21officer education, and one member to be appointed from among the elected city officials
in
1.22statutory or home rule charter cities of under 5,000 population outside the metropolitan
1.23area, as defined in section
473.121, subdivision 2;
and
2.1(7)
two four members appointed by the governor from among the general public
, of
2.2which at least one member must be a representative of a statewide crime victim coalition,
2.3at least one member must be a person of color, and at least one member must be a resident
2.4of a county other than a metropolitan county as defined in section 473.121, subdivision
4;
2.5and
2.6(8) two members appointed by the commissioner of human rights from the general
2.7public, of which one member must be a community organizer nominated by an organization
2.8that organizes direct action campaigns and one member must have experience serving
on
2.9a law enforcement agency's civilian review board.
2.10A chair shall be appointed by the governor from among the members. In making
2.11appointments the governor shall strive to achieve representation from among the geographic
2.12areas of the state.
2.13 Sec. 2.
[626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.
2.14 Subdivision 1. Establishment and membership. The Police-Community Relations
2.15Council is established under the Peace Officer Standards and Training Board. The council
2.16consists of the following 15 members:
2.17(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
2.18(2) the executive director of the Peace Officer Standards and Training Board, or a
2.19designee;
2.20(3) the executive director of the Minnesota Police and Peace Officers Association,
or a
2.21designee;
2.22(4) the executive director of the Minnesota Sheriff's Association, or a designee;
2.23(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
2.24and
2.25(6) ten community members, of which:
2.26(i) four members shall represent the community-specific boards established under section
2.27257.0768, reflecting one appointment made by each board;
2.28(ii) two members shall be mental health advocates, of which one member shall be
2.29appointed by the Minnesota chapter of the National Alliance on Mental Illness and
the other
2.30appointed by the governor's Council on Mental Health;
3.1(iii) two members shall be advocates for victims, of which one member shall be appointed
3.2by the Violence Free Minnesota and the other appointed by the Minnesota Coalition
Against
3.3Sexual Assault;
3.4(iv) one member shall represent a community organization that organizes direct action
3.5campaigns and shall be appointed by the commissioner of human rights; and
3.6(v) one member shall have experience serving on a law enforcement agency's civilian
3.7review board and shall be appointed by the commissioner of human rights.
3.8 Subd. 2. Duties. (a) The council shall:
3.9(1) make recommendations on police-community relations to the board;
3.10(2) review and make disciplinary and policy recommendations to the board on civilian
3.11initiated police misconduct complaints filed with the board;
3.12(3) send written notice and a recommendation for intervention to a chief law enforcement
3.13officer when notified that a peace officer under the command of the chief is determined
to
3.14have a pattern of complaints or incidents of excessive use of force under section
626.8435;
3.15and
3.16(4) monitor and make recommendations on peace officer community policing excellence
3.17data collected under section 626.8435.
3.18(b) The council's recommendations to the board under paragraph (a), clause (2), must
3.19be implemented by the board unless two-thirds of the members vote to reject a
3.20recommendation within three months of receiving the recommendation from the council.
3.21 Subd. 3. Organization. The council shall be organized and administered under section
3.2215.059, except that subdivision 2 shall not apply. Council members serve at the pleasure
of
3.23the appointing authority. The council shall select a chairperson from among the members
3.24by majority vote at its first meeting. The chair may serve in that role for a period
of two
3.25years. The executive director of the board shall serve as the council's executive
secretary
3.26and is an ex officio, nonvoting member. The council does not expire.
3.27 Subd. 4. Meetings. The council must meet at least quarterly. Meetings of the council
3.28are governed by chapter 13D.
3.29 Subd. 5. Office support. The executive director of the board shall provide the council
3.30with the necessary office space, supplies, equipment, and clerical support to effectively
3.31perform the duties imposed.
3.32EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 3.
[626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE
4.2DATA.
4.3 Subdivision 1. Purpose. The purpose of this section is:
4.4(1) to create data profiles for stakeholders to conduct needs assessments and make
4.5appropriate recommendations to drive improvements in police effectiveness, efficiency,
4.6training, supervision, procedural justice, accountability, and community relations;
4.7(2) for police departments to more effectively manage their risks and improve
4.8transparency; and
4.9(3) for community members and advocates, as well as policy makers, decision makers,
4.10and funders to have access to accurate relevant information to help improve policing
practices
4.11in Minnesota.
4.12 Subd. 2. Data submission. (a) Beginning January 15, 2021, a chief law enforcement
4.13officer of a law enforcement agency shall submit the following data regarding peace
officers
4.14employed by the law enforcement agency to a designated community-based research
4.15organization that has contracted with the Department of Public Safety to monitor the
data,
4.16compile the report, and provide the notifications required by this section:
4.17(1) the existence and status of a complaint made against an employed peace officer
4.18including:
4.19(i) the peace officer's unique identifier;
4.20(ii) the nature of the complaint;
4.21(iii) whether the complaint was filed by a member of the public, a law enforcement
4.22agency, or another source;
4.23(iv) whether the complaint resulted in disciplinary action;
4.24(v) the final disposition of a complaint when disciplinary action was taken including:
4.25(A) the specific reason for the action taken; and
4.26(B) data documenting the basis of the action taken, except that data that would identify
4.27confidential sources who are employees of the public body shall not be disclosed;
and
4.28(vi) the final disposition of any complaint:
4.29(A) determined to be unfounded or otherwise not sustained;
4.30(B) for which a peace officer was later exonerated; or
5.1(C) which resulted in a nondisciplinary resolution including, but not limited to,
employee
5.2counseling;
5.3(2) the unique identifier of any peace officer pending criminal prosecution, excluding
5.4traffic violations;
5.5(3) the unique identifier of any peace officer who was terminated due to substantiated
5.6findings of officer misconduct and a summary of the basis for that termination;
5.7(4) the unique identifier of any peace officer whose employment was terminated by
5.8resignation in lieu of termination as a result of officer misconduct, and a summary
of the
5.9basis for the action; and
5.10(5) the unique identifier of any peace officer involved in a use of force incident.
5.11(b) For purposes of this section "complaint" means all formally filed allegations
involving:
5.12(1) public reported misconduct;
5.13(2) excessive force;
5.14(3) the integrity or truthfulness of an officer;
5.15(4) violations of the law; or
5.16(5) sexual misconduct or harassment.
5.17(c) The board shall establish and publish guidelines, in consultation with the designated
5.18community-based research organization, that are consistent with paragraph (b) on what
5.19constitutes a valid complaint that must be reported under this section.
5.20(d) The reporting requirements in paragraph (a) are in addition to any other officer
5.21discipline reporting requirements established in law. Failure of a chief law enforcement
5.22officer to comply with the reporting requirements established under this section is
a violation
5.23of the peace officer professional code of conduct established pursuant to section
626.8457.
5.24 Subd. 3. Data storage and access. (a) The designated community-based research
5.25organization shall maintain the data collected under this section subject to the provisions
5.26of chapter 13, including but not limited to section 13.05, subdivision 5. The civil
remedies
5.27and penalties under sections 13.08 and 13.09 may be applied against the designated
5.28community-based research organization if the organization releases not public data
in
5.29violation of this section or other applicable provisions of chapter 13.
5.30(b) The designated community-based research organization must establish written
5.31procedures to ensure individuals have access to not public data maintained by the
organization
6.1only if authorized in writing by the organization. The ability of authorized individuals
to
6.2enter, update, or access not public data maintained by the organization must be limited
6.3through the use of role-based access that corresponds to the official duties or training
level
6.4of the individual and the statutory authorization that grants access for a purpose
authorized
6.5by this section. All queries and responses, and all actions in which data are entered,
updated,
6.6accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained
in
6.7the audit trail are public, to the extent that the data are not otherwise classified
by law, and
6.8must be made available upon request to the Peace Officer Standards and Training Board,
6.9the Police-Community Relations Council, a law enforcement agency, or the subject of
the
6.10underlying data.
6.11(c) The Peace Officer Standards and Training Board and the Police-Community Relations
6.12Council must have direct access to both summary and individual data collected under
this
6.13section.
6.14 Subd. 4. Updated data. Within 30 days of final disposition of a complaint, as defined
6.15in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer
of the law
6.16enforcement agency that employs the officer shall submit a supplemental report containing
6.17the information identified in subdivision 2, clauses (1) to (5).
6.18 Subd. 5. Monitoring data; pattern of misconduct. The designated community-based
6.19research organization must monitor the data on an ongoing basis to collect data on
officers
6.20subject to multiple complaints and excessive use of force incidents and, in consultation
with
6.21the Police-Community Relations Council, establish criteria for notifying the council
when
6.22an officer has been determined to have an excessive number of complaints. If the criteria
6.23for notifying the Police-Community Relations Council are met, the designated
6.24community-based research organization shall notify the council and suggest the need
for
6.25an intervention. A notice sent under this subdivision is not available to the public.
6.26 Subd. 6. Confidentiality agreement prohibited. Law enforcement agencies and political
6.27subdivisions are prohibited from entering into a confidentiality agreement that would
prevent
6.28disclosure of the data identified in subdivision 2 to the board. Any such confidentiality
6.29agreement is void as to the requirements of this section.
6.30 Subd. 7. Data classification. Data received by the designated community-based research
6.31organization pursuant to subdivisions 2 and 3 is private data on individuals as defined
in
6.32section 13.02, subdivision 12, and the data must be maintained according to the statutory
6.33provisions applicable to the data. This classification does not restrict the organization's
6.34authority to publish summary data as defined in section 13.02, subdivision 19.
7.1 Subd. 8. Public report. At least annually, the designated community-based research
7.2organization shall publish a summary of data submitted pursuant to subdivisions 1
and 2.
7.3The board shall make the summary available on the board's website. The summary shall
7.4exclude peace officers' names and license numbers and any other not public data as
defined
7.5by section 13.02, subdivision 8a.
7.6 Sec. 4. Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:
7.7 Subdivision 1.
Model policy to be developed. By March 1, 1996, the Peace Officer
7.8Standards and Training Board shall develop and distribute to all chief law enforcement
7.9officers a model policy regarding the professional conduct of peace officers. The
policy
7.10must address issues regarding professional conduct not addressed by the standards
of conduct
7.11under Minnesota Rules, part 6700.1600. The policy must define unprofessional conduct to
7.12include, but not be limited to, conduct prohibited by section
609.43, including timely
7.13submission of peace officer misconduct data under section 626.8435, whether or not there
7.14has been a conviction for a violation of that section. The policy must also describe
the
7.15procedures that a local law enforcement agency may follow in investigating and disciplining
7.16peace officers alleged to have behaved unprofessionally.
7.17 Sec. 5. Minnesota Statutes 2018, section 626.89, subdivision 2, is amended to read:
7.18 Subd. 2.
Applicability. The procedures and provisions of this section apply to law
7.19enforcement agencies and government units. The procedures and provisions of this section
7.20do not apply to
:
7.21(1) investigations and proceedings of a citizen oversight council described in section
7.22626.99; or
7.23(2) investigations of criminal charges against an officer.
7.24 Sec. 6. Minnesota Statutes 2018, section 626.89, subdivision 17, is amended to read:
7.25 Subd. 17.
Civilian review Citizen oversight. A civilian review board, commission, or
7.26other oversight body shall not have the authority to make a finding of fact or determination
7.27regarding a complaint against an officer or impose discipline on an officer. A civilian
review
7.28board, commission, or other oversight body may make a recommendation regarding the
7.29merits of a complaint, however, the recommendation shall be advisory only and shall
not
7.30be binding on nor limit the authority of the chief law enforcement officer of any
unit of
7.31government The powers and duties of citizen oversight councils for law enforcement agencies
7.32are established under section 626.99.
8.1 Sec. 7.
[626.99] LOCAL CITIZEN OVERSIGHT COUNCILS FOR LAW
8.2ENFORCEMENT AGENCIES.
8.3 Subdivision 1. Definition. As used in this section, "law enforcement agency" has the
8.4meaning given in section 626.84, subdivision 1, paragraph (f), but does not include
state-level
8.5law enforcement agencies.
8.6 Subd. 2. Councils required. The governing body of each local unit of government that
8.7oversees a law enforcement agency that employs 50 or more peace officers shall establish
8.8a citizen oversight council in compliance with this section.
8.9 Subd. 3. Council membership. The membership of a citizen oversight council must
8.10reflect a broad cross section of the community it represents, including the community's
8.11minority and youth populations. The membership must also include individuals who often
8.12come into contact with, or who are affected by, the peace officers of the law enforcement
8.13agency that the council oversees, other than suspects who are in criminal investigations.
8.14The membership of the majority of a council must be weighted toward citizen members.
8.15However, a council may also include members that reflect other specific viewpoints,
such
8.16as law enforcement, prosecutors, educators, mental health professionals, clergy, and
business
8.17and commercial leaders. A council shall elect a chair from among its members at its
first
8.18meeting. The board must develop and publish guidance on the best practices for selecting,
8.19training, and educating oversight council members.
8.20 Subd. 4. Operation of council; powers and duties. (a) A citizen oversight council shall
8.21meet on a regular basis. Meetings are open to the public and public testimony may
be taken.
8.22(b) A council's purpose is to encourage and provide community participation in the
8.23operation of the law enforcement agency it oversees. A council shall work collaboratively
8.24with the governing body of the local unit of government with authority over the agency
and
8.25the agency's chief law enforcement officer.
8.26(c) A council may make recommendations and provide assessments relating to any facet
8.27of the operation of the agency, including but not limited to:
8.28(1) law enforcement tactics and strategies, such as community policing;
8.29(2) the budget for the agency, including priorities on where money should be spent;
8.30(3) training of the agency's peace officers;
8.31(4) employment policies, such as residency requirements and minority hiring;
9.1(5) the substantive operation of the agency relating to such matters as use of force,
9.2profiling, diversion, data collection, equipment, militarization, general investigatory
practices,
9.3officer-initiated use of force investigations, and cooperation with other law enforcement
9.4agencies; and
9.5(6) personnel decisions.
9.6In addition, a council may evaluate the performance of the agency and the agency's
chief
9.7law enforcement officer. A council may recommend whether to extend the chief's term
and
9.8on hiring a successor to the chief when a vacancy occurs.
9.9 Subd. 5. Investigations into police misconduct. (a) At the conclusion of any criminal
9.10investigation or prosecution, if any, a citizen oversight council may conduct an investigation
9.11into allegations of peace officer misconduct and retain an investigator to facilitate
an
9.12investigation. Subject to other applicable law, a council may subpoena or compel testimony
9.13and documents in an investigation. Upon completion of an investigation, a council
may
9.14make a finding of misconduct and recommend appropriate discipline against peace officers
9.15employed by the agency. If the governing body grants a council the authority, the
council
9.16may impose discipline on peace officers employed by the agency. A council shall submit
9.17investigation reports that contain findings of peace officer misconduct to the chief
law
9.18enforcement officer and the Peace Officer Standards and Training Board's complaint
9.19committee. A council may also make policy recommendations to the chief law enforcement
9.20officer and the Peace Officer Standards and Training Board. For purposes of this section,
9.21"misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards
9.22and Training Board, or agency policy.
9.23(b) Peace officer discipline decisions imposed pursuant to the authority granted under
9.24this subdivision shall be subjected to the applicable grievance procedure established
or
9.25agreed to under chapter 179A.
9.26 Subd. 6. Duties of chief law enforcement officer. The chief law enforcement officer
9.27of a law enforcement agency under the jurisdiction of a citizen oversight council
shall
9.28cooperate with the council and facilitate the council's achievement of its goals.
However,
9.29the officer is under no obligation to agree with individual recommendations of the
council
9.30and may oppose a recommendation. If the officer fails to implement a recommendation
that
9.31is within the officer's authority, the officer shall inform the council of the failure
along with
9.32the officer's underlying reasons.
10.1 Subd. 7. Duties of governing body. A governing body shall ensure that a council is
10.2given the opportunity to comment in a meaningful way on any matter within its jurisdiction.
10.3This opportunity must occur with sufficient time before action on the matter is required.
10.4 Subd. 8. Other applicable law. Chapters 13 and 13D apply to oversight councils under
10.5this section.
10.6 Subd. 9. Annual report. A citizen oversight council shall release an annual report that
10.7addresses its activities. At a minimum, the report must summarize the council's activities
10.8for the past year; recommendations made by the council, including what actions, if
any,
10.9were taken by other entities in response to the recommendations; and the amount of
money
10.10spent for the council's operation and the money's source.
10.11EFFECTIVE DATE.This section is effective the day following final enactment.
10.12 Sec. 8.
TIMING.
10.13Governing bodies of local units of government shall comply with Minnesota Statutes,
10.14section 626.99, by September 1, 2020. A citizen oversight council shall conduct its
first
10.15meeting by October 1, 2020.
10.16EFFECTIVE DATE.This section is effective the day following final enactment.
10.17 Sec. 9.
COMPLIANCE REVIEWS.
10.18Local units of government required to create a citizen oversight council under Minnesota
10.19Statutes, section 626.99, shall demonstrate compliance with the statute to the state
auditor
10.20in a form determined by the state auditor. Citizen oversight councils shall provide
a copy
10.21of the annual reports required under Minnesota Statutes, section 626.99, subdivision
9, to
10.22the state auditor upon issuance. By March 15 of each year, the state auditor shall
report on
10.23compliance of citizen oversight councils to the chairs and ranking minority members
of the
10.24legislative committees with jurisdiction over public safety finance and policy.
10.25EFFECTIVE DATE.This section is effective the day following final enactment.
10.26 Sec. 10.
INITIAL APPOINTMENTS; PROPOSED MEETING.
10.27Initial appointments to the Police-Community Relations Council established in section
10.282 must be made no later than August 1, 2020. The executive director of the Peace Officer
10.29Standards and Training Board must convene the council's first meeting no later than
10.30September 1, 2020.
10.31EFFECTIVE DATE.This section is effective the day following final enactment.
11.1 Sec. 11.
APPROPRIATION; PEACE OFFICER COMMUNITY POLICING
11.2EXCELLENCE REPORT DATABASE.
11.3(a) $475,000 in fiscal year 2021 is appropriated from the general fund to the Office
of
11.4Justice Programs for a grant to a qualified community-based research organization
to develop
11.5a system to classify and report peace officer discipline by category, severity, type,
and
11.6demographic data of those involved in the incident. This appropriation is onetime.
The
11.7executive director of the Office of Justice Programs must consult with the Police-Community
11.8Relations Council before selecting a community-based research organization to receive
the
11.9grant. As part of the system, the grant recipient must develop and incorporate:
11.10(1) a protocol to assign a unique identifier for each peace officer; and
11.11(2) safeguards to protect personal identifying information of peace officers.
11.12(b) The grant recipient, in consultation with the stakeholder group identified in
paragraph
11.13(c), may recommend changes on how to adapt the system under paragraph (a) to collect
11.14additional policing data that corresponds with peace officer interactions with the
public
11.15generally and suspects, arrests, and victims specifically.
11.16(c) In developing the system described in paragraph (a), the grant recipient shall
consult
11.17with the Police-Community Relations Council established under Minnesota Statutes,
section
11.18626.8434.
11.19 Sec. 12.
APPROPRIATION; CITIZEN OVERSIGHT COUNCILS.
11.20$1,900,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
11.21of public safety for grants to local units of government to establish and maintain
citizen
11.22oversight councils. Up to 2.5 percent of the appropriation may be used by the commissioner
11.23to administer the program.
11.25POLICIES, TRAINING, REPORTING, APPROPRIATIONS
11.26 Section 1. Minnesota Statutes 2018, section 415.16, subdivision 1, is amended to read:
11.27 Subdivision 1.
No exception for on-premises residence. Except as provided in
11.28subdivision 1a, notwithstanding any contrary provision of other law, home rule charter,
11.29ordinance or resolution, no statutory or home rule charter city or county shall require
that
11.30a person be a resident of the city or county as a condition of employment by the city
or
11.31county except for positions which by their duties require the employee to live on
the premises
11.32of the person's place of employment.
12.1 Sec. 2. Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to
12.2read:
12.3 Subd. 1a. Residency requirements for peace officers; hires made on or after July
12.41, 2020. A statutory or home rule charter city or county may require that a person hired as
12.5a peace officer, as defined by section 626.84, subdivision 1, paragraph (c), on or
after July
12.61, 2020, be a resident of the city or county as a condition of employment by the city
or
12.7county.
12.8EFFECTIVE DATE.This section is effective July 1, 2020.
12.9 Sec. 3. Minnesota Statutes 2018, section 541.073, subdivision 2, is amended to read:
12.10 Subd. 2.
Limitations period. (a)
Except as provided in paragraph (b), an action for
12.11damages based on sexual abuse: (1) must be commenced within six years of the alleged
12.12sexual abuse in the case of alleged sexual abuse of an individual 18 years or older;
(2) may
12.13be commenced at any time in the case of alleged sexual abuse of an individual under
the
12.14age of 18, except as provided for in subdivision 4; and (3) must be commenced before
the
12.15plaintiff is 24 years of age in a claim against a natural person alleged to have sexually
abused
12.16a minor when that natural person was under 14 years of age.
12.17(b) An action for damages based on sexual abuse may be commenced at any time in the
12.18case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
12.191, paragraph (c).
12.20(b) (c) The plaintiff need not establish which act in a continuous series of sexual abuse
12.21acts by the defendant caused the injury.
12.22(c) (d) This section does not affect the suspension of the statute of limitations during
a
12.23period of disability under section
541.15.
12.24EFFECTIVE DATE.This section is effective the day following final enactment and
12.25applies to causes of action that arise on or after that date; causes of action that
arose before
12.26that date if the limitations period has not expired; and, notwithstanding any statutory
or
12.27common law to the contrary, retroactively to any causes of action that arose before
that
12.28date.
12.29 Sec. 4.
[541.155] PERIODS OF INVESTIGATION OF PEACE OFFICER NOT
12.30COUNTED.
12.31(a) For purposes of this section, "peace officer" has the meaning given in section
626.84,
12.32subdivision 1, paragraph (c).
13.1(b) Any of the following, arising anytime after a cause of action accrued and during
the
13.2period of limitation, shall suspend the running of the period of limitation until
the same is
13.3removed:
13.4(1) a criminal investigation of a peace officer for any conduct giving rise to the
cause
13.5of action;
13.6(2) a criminal prosecution of a peace officer for any conduct giving rise to the cause
of
13.7action; or
13.8(3) investigation by any political subdivision, state law enforcement agency, or the
Board
13.9of Peace Officer Standards and Training into allegations of misconduct by a peace
officer
13.10giving rise to the cause of action.
13.11EFFECTIVE DATE.This section is effective the day following final enactment and
13.12applies to causes of action that arise on or after that date; causes of action that
arose before
13.13that date if the limitations period has not expired; and, notwithstanding any statutory
or
13.14common law to the contrary, retroactively to any causes of action that arose before
that
13.15date.
13.16 Sec. 5. Minnesota Statutes 2018, section 573.02, subdivision 1, is amended to read:
13.17 Subdivision 1.
Death action. When death is caused by the wrongful act or omission of
13.18any person or corporation, the trustee appointed as provided in subdivision 3 may
maintain
13.19an action therefor if the decedent might have maintained an action, had the decedent
lived,
13.20for an injury caused by the wrongful act or omission. An action to recover damages
for a
13.21death caused by the alleged professional negligence of a physician, surgeon, dentist,
hospital
13.22or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium
shall
13.23be commenced within three years of the date of death, but in no event shall be commenced
13.24beyond the time set forth in section
541.076. An action to recover damages for a death
13.25caused by an intentional act constituting murder may be commenced at any time after
the
13.26death of the decedent.
An action to recover damages for a death caused by a peace officer,
13.27as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any
time
13.28after the death of the decedent. Any other action under this section may be commenced
13.29within three years after the date of death provided that the action must be commenced
within
13.30six years after the act or omission. The recovery in the action is the amount the
jury deems
13.31fair and just in reference to the pecuniary loss resulting from the death, and shall
be for the
13.32exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
13.33loss severally suffered by the death. The court then determines the proportionate
pecuniary
13.34loss of the persons entitled to the recovery and orders distribution accordingly.
Funeral
14.1expenses and any demand for the support of the decedent allowed by the court having
14.2jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded
as
14.3provided in section
549.20.
14.4If an action for the injury was commenced by the decedent and not finally determined
14.5while living, it may be continued by the trustee for recovery of damages for the exclusive
14.6benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss
severally
14.7suffered by the death. The court on motion shall make an order allowing the continuance
14.8and directing pleadings to be made and issues framed as in actions begun under this
section.
14.9EFFECTIVE DATE.This section is effective the day following final enactment and
14.10applies to causes of action that arise on or after that date; causes of action that
arose before
14.11that date if the limitations period has not expired; and, notwithstanding any statutory
or
14.12common law to the contrary, retroactively to any causes of action that arose before
that
14.13date.
14.14 Sec. 6. Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:
14.15 Subdivision 1.
When authorized. Except as otherwise provided in
subdivision
14.16subdivisions 2
and 3, reasonable force may be used upon or toward the person of another
14.17without the other's consent when the following circumstances exist or the actor reasonably
14.18believes them to exist:
14.19(1) when used by a public officer or one assisting a public officer under the public
14.20officer's direction:
14.21(a) in effecting a lawful arrest; or
14.22(b) in the execution of legal process; or
14.23(c) in enforcing an order of the court; or
14.24(d) in executing any other duty imposed upon the public officer by law; or
14.25(2) when used by a person not a public officer in arresting another in the cases and
in
14.26the manner provided by law and delivering the other to an officer competent to receive
the
14.27other into custody; or
14.28(3) when used by any person in resisting or aiding another to resist an offense against
14.29the person; or
14.30(4) when used by any person in lawful possession of real or personal property, or
by
14.31another assisting the person in lawful possession, in resisting a trespass upon or
other
14.32unlawful interference with such property; or
15.1(5) when used by any person to prevent the escape, or to retake following the escape,
15.2of a person lawfully held on a charge or conviction of a crime; or
15.3(6) when used by a parent, guardian, teacher, or other lawful custodian of a child
or
15.4pupil, in the exercise of lawful authority, to restrain or correct such child or pupil;
or
15.5(7) when used by a school employee or school bus driver, in the exercise of lawful
15.6authority, to restrain a child or pupil, or to prevent bodily harm or death to another;
or
15.7(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
15.8requirement for the conduct of passengers and reasonable care is exercised with regard
to
15.9the passenger's personal safety; or
15.10(9) when used to restrain a person with a mental illness or a person with a developmental
15.11disability from self-injury or injury to another or when used by one with authority
to do so
15.12to compel compliance with reasonable requirements for the person's control, conduct,
or
15.13treatment; or
15.14(10) when used by a public or private institution providing custody or treatment against
15.15one lawfully committed to it to compel compliance with reasonable requirements for
the
15.16control, conduct, or treatment of the committed person.
15.17 Sec. 7. Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
15.18read:
15.19 Subd. 3. Limitations on the use of certain restraints. (a) A peace officer may not use
15.20any of the following restraints unless section 609.066 authorizes the use of deadly
force:
15.21(1) a chokehold;
15.22(2) tying all of a person's limbs together behind the person's back to render the
person
15.23immobile; or
15.24(3) securing a person in any way that results in transporting the person face down
in a
15.25vehicle.
15.26(b) For the purposes of this subdivision, "chokehold" means a method by which a person
15.27applies sufficient pressure to a person to make breathing difficult or impossible
and includes
15.28but is not limited to any pressure to the neck, throat, or windpipe that may prevent
or hinder
15.29breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
15.30neck on either side of the windpipe, but not to the windpipe itself, to stop the flow
of blood
15.31to the brain via the carotid arteries.
15.32EFFECTIVE DATE.This section is effective the day following final enactment.
16.1 Sec. 8. Minnesota Statutes 2018, section 626.8432, subdivision 2, is amended to read:
16.2 Subd. 2.
Mandatory revocation; discovery of disqualifying conviction after licensure;
16.3termination for wrongful use of force. (a) The board
may suspend or revoke shall review
16.4for possible suspension or revocation a peace officer or part-time peace officer license when
16.5the licensee
:
16.6(1) has been convicted of a crime recognized by the board as a crime that would disqualify
16.7the licensee from participating in a professional peace officer education course,
taking the
16.8peace officer licensing examination or the part-time peace officer licensing examination,
16.9or maintaining eligibility for licensure under Minnesota Rules, chapter 6700
; or
16.10(2) is terminated for a violation of the agency's use of force policy, unless the
officer's
16.11termination was ordered by a citizen oversight council pursuant to section 626.99,
subdivision
16.125.
16.13(b) The authority to suspend or revoke a license shall include all individuals who have
16.14been granted a license when a disqualifying conviction that would have precluded eligibility
16.15for licensure is discovered after licensure.
16.16(c) If the board revokes the license of an officer under paragraph (a), clause (1),
and the
16.17officer is later reinstated after an appeal of the officer's termination, the board
must reconsider
16.18the decision to revoke the officer's license. If a court orders that the board reinstate
an
16.19officer's license, the board shall comply with the court's order unless the attorney
general
16.20appeals the court's ruling on behalf of the board.
16.21 Sec. 9.
[626.8434] WARRIOR-STYLE TRAINING PROHIBITED.
16.22 Subdivision 1. Definition. For purposes of this section, "warrior-style training" means
16.23training for peace officers that is intended to increase a peace officer's likelihood
or
16.24willingness to use deadly force in encounters with community members.
16.25 Subd. 2. No continuing education credits or tuition reimbursement. (a) The board
16.26may not certify a continuing education course that includes warrior-style training.
16.27(b) The board may not grant continuing education credit to a peace officer for a course
16.28that includes warrior-style training.
16.29(c) The board may not reimburse a law enforcement agency or a peace officer for a
16.30course that includes warrior-style training.
16.31 Subd. 3. Training prohibited. A law enforcement agency may not provide warrior-style
16.32training, directly or through a third party, to a peace officer.
17.1 Sec. 10.
[626.8435] MANDATORY REPORTING PEACE OFFICER
17.2TERMINATIONS AND RESIGNATIONS.
17.3A chief law enforcement officer must report to the Peace Officer Standards and Training
17.4Board when a peace officer is discharged or resigns from employment due to misconduct
17.5or when a peace officer is suspended or resigns while a misconduct investigation is
pending.
17.6The report must be made to the board within ten days after the discharge, suspension,
or
17.7resignation has occurred. The board must investigate the report for and the reporting
agency
17.8must cooperate in the investigation. Notwithstanding any provision in chapter 13 or
any
17.9law to the contrary, upon written request from the board, the law enforcement agency
shall
17.10provide the board with information about the peace officer from the agency's files,
any
17.11termination or disciplinary proceeding, any settlement or compromise, or any investigative
17.12file.
17.13 Sec. 11. Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
17.14to read:
17.15 Subd. 1a. Prohibition on use of certain restraints. (a) By January 1, 2021, the head
17.16of every local and state law enforcement agency shall update and enforce the written
policy
17.17described in subdivision 1 to prohibit:
17.18(1) the use of a chokehold;
17.19(2) tying all of a person's limbs together behind the person's back to render the
person
17.20immobile; and
17.21(3) transporting a person face down in a vehicle.
17.22(b) For the purposes of this subdivision, "chokehold" means a method by which a person
17.23applies sufficient pressure to a person to make breathing difficult or impossible
and includes
17.24but is not limited to any pressure to the neck, throat, or windpipe that may prevent
or hinder
17.25breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
17.26neck on either side of the windpipe, but not to the windpipe itself, to stop the flow
of blood
17.27to the brain via the carotid arteries.
17.28EFFECTIVE DATE.This section is effective the day following final enactment.
17.29 Sec. 12.
[626.8475] DUTY TO INTERCEDE AND REPORT; POLICIES REQUIRED.
17.30 Subdivision 1. Duties; discipline. (a) Regardless of tenure or rank, a peace officer must
17.31intercede when:
18.1(1) present and observing another peace officer using force in violation of section
609.066,
18.2subdivision 2, or otherwise beyond that which is objectively reasonable under the
18.3circumstances; and
18.4(2) physically or verbally able to do so.
18.5(b) A peace officer who observes another employee or peace officer use force that
18.6exceeds the degree of force permitted by law has the duty to report the incident in
writing
18.7within 24 hours to the chief law enforcement officer of the agency that employs the
reporting
18.8peace officer.
18.9(c) A peace officer who breaches a duty established in this subdivision is subject
to
18.10discipline by the board under Minnesota Rules, part 6700.1600.
18.11 Subd. 2. Model policy required. By September 15, 2020, the commissioner of public
18.12safety, in consultation with the board, the attorney general, and other interested
parties,
18.13must develop a comprehensive model policy to require peace officers to intercede to
prevent
18.14the use of unreasonable force and report incidents of excessive use of force. The
policy, at
18.15a minimum, must be consistent with subdivision 1. The board must distribute the model
18.16policy to all chief law enforcement officers.
18.17 Subd. 3. Agency policies required. (a) By December 15, 2020, the chief law enforcement
18.18officer of every state and local law enforcement agency must establish and enforce
a written
18.19policy requiring peace officers employed by the agency to intercede and report that
is
18.20identical or substantially similar to the model policy developed under subdivision
2.
18.21(b) Every state and local law enforcement agency must certify to the board that it
has
18.22adopted a written policy in compliance with this subdivision.
18.23(c) The board must assist the chief law enforcement officer of each state and local
law
18.24enforcement agency in developing and implementing policies under this subdivision.
18.25 Subd. 4. Compliance reviews authorized. The board has authority to inspect state and
18.26local law enforcement agency policies to ensure compliance with subdivision 3. The
board
18.27may conduct this inspection based upon a complaint it receives about a particular
agency
18.28or through a random selection process. The board may impose licensing sanctions and
seek
18.29injunctive relief under section 214.11 for an agency's failure to comply with subdivision
3.
19.1 Sec. 13.
[626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
19.2PROCEDURE.
19.3 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
19.4section have the meanings given them.
19.5(b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
19.6(c) "Employer" means a political subdivision or law enforcement agency employing a
19.7peace officer.
19.8(d) "Grievance" means a dispute or disagreement regarding any written disciplinary
19.9action, discharge, or termination decision of a peace officer arising under a collective
19.10bargaining agreement covering peace officers.
19.11(e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
19.12procedure in a collective bargaining agreement covering peace officers, as required
by this
19.13section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
19.14sections are consistent with this section.
19.15(f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
19.16except as otherwise provided in this section or to the extent inconsistent with this
section.
19.17(g) "Peace officer" means a licensed peace officer or part-time peace officer subject
to
19.18licensure under sections 626.84 to 626.863.
19.19 Subd. 2. Applicability. (a) Notwithstanding any contrary provision of law, home rule
19.20charter, ordinance, or resolution, the arbitrator selection procedure established
under this
19.21section shall apply to all peace officer grievance arbitrations for written disciplinary
action,
19.22discharge, or termination heard on or after the effective date.
19.23(b) The grievance procedure for all collective bargaining agreements covering peace
19.24officers negotiated on or after the day following final enactment must include the
arbitrator
19.25selection procedure established in this section.
19.26(c) This section does not authorize arbitrators appointed under this section to hear
19.27arbitrations of public employees who are not peace officers.
19.28 Subd. 3. Fees. All fees charged by arbitrators under this section shall be in accordance
19.29to a schedule of fees established by the commissioner on an annual basis.
19.30 Subd. 4. Roster of arbitrators. The governor, in consultation with community and law
19.31enforcement stakeholders, shall appoint a roster of no fewer than nine and no more
than 15
19.32persons suited and qualified by training and experience to act as arbitrators for
peace officer
20.1grievance arbitrations under this section. In making these appointments, and as applicable,
20.2the governor may consider the factors set forth in Minnesota Rules, parts 5530.0600
and
20.35530.0700, subpart 6, as well as a candidate's experience and training in cultural
competency,
20.4racism, implicit bias, and recognizing and valuing community diversity and cultural
20.5differences. The governor's appointments are effective immediately upon filing with
the
20.6secretary of state. Arbitrators on the roster created by this subdivision shall not
serve as an
20.7arbitrator in a labor arbitration other than a grievance arbitration as defined in
this section.
20.8 Subd. 5. Applications. The secretary of state shall solicit and accept applications in the
20.9same manner as for open appointments under section 15.0597.
20.10 Subd. 6. Terms. (a) Initial appointments to the roster of arbitrators shall be made as
20.11follows:
20.12(1) at least three, but no more than five, appointments to expire on the first Monday
in
20.13January 2023;
20.14(2) at least three, but no more than five, appointments to expire on the first Monday
in
20.15January 2024; and
20.16(3) at least three, but no more than five, appointments to expire on the first Monday
in
20.17January 2025.
20.18(b) Subsequent appointments to the roster of arbitrators shall be for three-year terms
to
20.19expire on the first Monday in January, with the terms of no more than five arbitrators
to
20.20expire in the same year.
20.21(c) An arbitrator may continue to serve until their successor is appointed, but in
no case
20.22later than July 1 of the year in which their term expires.
20.23 Subd. 7. Applicability of Minnesota Rules, chapter 5530. To the extent consistent
20.24with this section, the following provisions of Minnesota Rules apply to arbitrators
on the
20.25roster of arbitrators established under this section:
20.26(1) part 5530.0500 (status of arbitrators);
20.27(2) part 5530.0800 (arbitrator conduct and standards); and
20.28(3) part 5530.1000 (arbitration proceedings).
20.29 Subd. 8. Performance measures. To the extent applicable, the commissioner shall track
20.30the performance measures set forth in Minnesota Rules, part 5530.1200, and provide
that
20.31data to the governor upon request.
21.1 Subd. 9. Removal; vacancies. An arbitrator appointed to the roster of arbitrators may
21.2be removed from the roster only by the commissioner in accordance with the procedures
21.3set forth in Minnesota Rules, part 5530.1300. A vacancy on the roster caused by a
removal,
21.4a resignation, or another reason shall be filled by the governor as necessary to fill
the
21.5remainder of the arbitrator's term. A vacancy on the roster occurring with less than
six
21.6months remaining in the arbitrator's term shall be filled for the existing term and
the following
21.7three-year term.
21.8 Subd. 10. Training. (a) A person appointed to the arbitrator roster under this section
21.9must complete training on culture competency, racism, implicit bias, and recognizing
and
21.10valuing community diversity and cultural differences, and must continue to complete
the
21.11training as required by the commissioner during the person's appointment. The commissioner
21.12may adopt rules establishing training and requirements for this purpose.
21.13(b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the
required
21.14training by July 1, 2021. An arbitrator appointed to the roster of arbitrators after
2020 must
21.15complete the required training within six months of their appointment.
21.16(c) All costs associated with the required training must be borne by the arbitrator.
21.17 Subd. 11. Selection of arbitrators. The commissioner shall assign or appoint an arbitrator
21.18or panel of arbitrators from the roster to a peace officer grievance arbitration under
this
21.19section on a random or rotating basis. The parties shall not participate in, negotiate
for, or
21.20agree to the selection of an arbitrator or arbitration panel under this section. The
arbitrator
21.21or panel shall decide the grievance, and the decision is binding subject to the provisions
of
21.22chapter 572B.
21.23 Subd. 12. Interaction with other laws. (a) Sections 179A.21, subdivision 2, and 572B.11,
21.24paragraph (a), and rules for arbitrator selection promulgated pursuant to section
179A.04
21.25shall not apply to a peace officer grievance arbitration under this section.
21.26(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
21.27resolution, peace officers, through their certified exclusive representatives, shall
not have
21.28the right to negotiate for or agree to a collective bargaining agreement or a grievance
21.29arbitration selection procedure with their employers that is inconsistent with this
section.
21.30(c) The arbitrator selection procedure for peace officer grievance arbitrations established
21.31under this section supersedes any inconsistent provisions in chapter 179A or 572B
or in
21.32Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
21.33in those chapters remain in full force and effect for peace officer grievance arbitrations,
21.34except as provided in this section or to the extent inconsistent with this section.
22.1EFFECTIVE DATE.This section is effective September 1, 2020, except paragraph
22.2(b) of subdivision 2, is effective the day following final enactment.
22.3 Sec. 14. Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7,
22.4is amended to read:
22.5
|
Subd. 7.Office of Justice Programs
|
|
40,147,000
|
|
40,082,000
|
22.6
|
Appropriations by Fund
|
22.7
|
General
|
40,051,000
|
39,986,000
|
22.8
22.9
|
State Government
Special Revenue
|
96,000
|
96,000
|
22.10(a)
Base Adjustment
22.11To account for the base adjustments provided
22.12in Laws 2018, chapter 211, article 21, section
22.131, paragraph (a), the general fund base is
22.14increased by $2,000 in fiscal years 2022 and
22.152023.
22.16
|
(b) Administration Costs
|
|
|
|
|
22.17Up to 2.5 percent of the grant funds
22.18appropriated in this subdivision may be used
22.19by the commissioner to administer the grant
22.20program.
22.21
|
(c) Indigenous Women Task Force
|
|
|
|
|
22.22$105,000 the first year and $45,000 the second
22.23year are for expenses related to the task force
22.24on missing and murdered indigenous women.
22.25This appropriation is available until June 30,
22.262021. These are onetime appropriations.
22.27(d)
Domestic Abuse Prevention Grants
22.28$200,000 each year is for a grant to a domestic
22.29abuse prevention program that provides
22.30interdisciplinary, trauma-informed treatment
22.31and evidence-informed intervention for
22.32veterans and current or former service
22.33members and their whole families affected by
23.1domestic violence. The grantee must offer a
23.2combination of services for perpetrators of
23.3domestic violence and their families, including
23.4individual and group therapy, evaluation and
23.5research of programming, and short- and
23.6long-term case management services to ensure
23.7stabilization and increase in their overall
23.8mental health functioning and well-being.
23.9These appropriations are onetime.
23.10(e)
Criminal Sexual Conduct Statutory
23.11Reform Working Group
23.12$20,000 the first year and $14,000 the second
23.13year are to convene, administer, and
23.14implement the criminal sexual conduct
23.15statutory reform working group. These
23.16appropriations are onetime.
23.17 Sec. 15. Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 4,
23.18is amended to read:
23.19 Subd. 4.
Report. The task force shall report to the chairs and ranking minority members
23.20of the legislative committees and divisions with jurisdiction over public safety,
human
23.21services, and state government on the work of the task force, including but not limited
to
23.22the issues to be examined in subdivision 1, and shall include in the report institutional
23.23policies and practices or proposed institutional policies and practices that are effective
in
23.24reducing gender violence and increasing the safety of indigenous women and girls.
The
23.25report shall include recommendations to reduce and end violence against indigenous
women
23.26and girls and help victims and communities heal from gender violence and violence
against
23.27indigenous women and girls.
The A report shall be submitted to the legislative committees
23.28by December 15, 2020
, and a final report shall be submitted by June 30, 2021.
23.29 Sec. 16. Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 5,
23.30is amended to read:
23.31 Subd. 5.
Expiration. Notwithstanding Minnesota Statutes, section
15.059, the task force
23.32expires
December 31, 2020 June 30, 2021.
24.1 Sec. 17.
APPROPRIATION.
24.2$17,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
24.3Standards and Training Board for costs associated with this act. $15,000 is added
to the
24.4board's base.
24.5 Sec. 18.
APPROPRIATION; BUREAU OF MEDIATION SERVICES.
24.6$120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of
24.7Mediation Services for rulemaking, staffing, and other costs associated with peace
officer
24.8grievance procedures. $47,000 is added to the bureau's base.
24.10PEACE OFFICER USE OF FORCE AND PRETRIAL DETENTION
24.11 Section 1. Minnesota Statutes 2018, section 8.01, is amended to read:
24.128.01 APPEARANCE.
24.13The attorney general shall appear for the state in all causes in the supreme and federal
24.14courts wherein the state is directly interested; also in all civil causes of like
nature in all
24.15other courts of the state whenever, in the attorney general's opinion, the interests
of the state
24.16require it.
Except as provided for in section 8.37, upon request of the county attorney, the
24.17attorney general shall appear in court in such criminal cases as the attorney general
deems
24.18proper. Upon request of a county attorney, the attorney general may assume the duties
of
24.19the county attorney in sexual psychopathic personality and sexually dangerous person
24.20commitment proceedings under chapter 253D. Whenever the governor shall so request,
in
24.21writing, the attorney general shall prosecute any person charged with an indictable
offense,
24.22and in all such cases may attend upon the grand jury and exercise the powers of a
county
24.23attorney.
24.24 Sec. 2.
[8.37] PEACE-OFFICER-INVOLVED DEATHS.
24.25 Subdivision 1. Definitions. (a) As used in this section, the following terms have the
24.26meanings provided.
24.27(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1,
24.28paragraph (f).
24.29(c) "Officer-involved death" means the death of another that results from a peace
officer's
24.30use of force while the officer is on duty or off duty but performing activities that
are within
24.31the scope of the officer's law enforcement duties.
25.1(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
25.2(c).
25.3 Subd. 2. Prosecution of officer-involved deaths. (a) The attorney general has charge
25.4of the prosecution of peace officers alleged to have caused an officer-involved death.
25.5(b) When requested by the attorney general, a county attorney may appear for the state
25.6in any case instituted under this section and assist in the preparation and trial.
25.7 Subd. 3. Local assistance. Each law enforcement agency with jurisdiction over the area
25.8where an officer-involved death occurred must cooperate with the attorney general
to the
25.9same extent as if the county attorney had charge of the prosecution.
25.10 Sec. 3. Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
25.11to read:
25.12 Subd. 1a. Risk assessment instrument. If a peace officer or probation or parole officer
25.13who took a child into custody does not release the child as provided in subdivision
1, the
25.14peace officer or probation or parole officer shall communicate with or deliver the
child to
25.15a juvenile secure detention facility to determine whether the child should be released
or
25.16detained. Before detaining a child, the supervisor of the facility shall use an objective
and
25.17racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
25.18developed by the commissioner of corrections, county, group of counties, or judicial
district,
25.19in consultation with the state coordinator or coordinators of the Minnesota Juvenile
Detention
25.20Alternative Initiative. The risk assessment instrument must assess the likelihood
that a child
25.21released from preadjudication detention under this section or section 260B.178 would
25.22endanger others or not return for a court hearing. The instrument must identify the
appropriate
25.23setting for a child who might endanger others or not return for a court hearing pending
25.24adjudication, with either continued detention or placement in a noncustodial
25.25community-based supervision setting. The instrument must also identify the type of
25.26noncustodial community-based supervision setting necessary to minimize the risk that
a
25.27child who is released from custody will endanger others or not return for a court
hearing.
25.28If, after using the instrument, a determination is made that the child should be released,
the
25.29person taking the child into custody or the supervisor of the facility shall release
the child
25.30as provided in subdivision 1.
25.31EFFECTIVE DATE.This section is effective August 15, 2021.
26.1 Sec. 4.
[299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
26.2 Subdivision 1. Definitions. (a) As used in this section, the following terms have the
26.3meanings provided.
26.4(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1,
26.5paragraph (f).
26.6(c) "Officer-involved death" means the death of another that results from a peace
officer's
26.7use of force while the officer is on duty or off duty but performing activities that
are within
26.8the scope of the officer's law enforcement duties.
26.9(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
26.10(c).
26.11(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
26.12(f) "Unit" means the independent Use of Force Investigations Unit.
26.13 Subd. 2. Formation; special agent in charge; duty. The superintendent shall form an
26.14independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
26.15to conduct officer-involved death investigations. The superintendent, in consultation
with
26.16the commissioner of public safety, shall select a special agent in charge of the unit.
26.17 Subd. 3. Additional duty. The unit shall investigate all criminal sexual conduct cases
26.18involving peace officers, including criminal sexual conduct cases involving chief
law
26.19enforcement officers. The unit may also investigate conflict of interest cases involving
peace
26.20officers and other public officials accused of crimes
26.21 Subd. 4. Staff; support. The unit will employ peace officers and staff to conduct
26.22investigations and the superintendent shall develop and implement policies and procedures
26.23to ensure no conflict of interest exists with agents assigned to investigate a particular
incident.
26.24The superintendent may permit bureau resources not directly assigned to this unit
to be used
26.25to assist the unit in fulfilling the duties assigned in this section.
26.26 Subd. 5. Conflicts. When a peace officer employed by the Bureau of Criminal
26.27Apprehension is the subject of an officer-involved death investigation, the investigation
26.28shall be conducted by an investigatory agency selected by the attorney general.
26.29 Subd. 6. Reporting. The superintendent must make all case files publicly available on
26.30the bureau's website within 30 days of the end of the last criminal appeal of a subject
of an
26.31investigation, as provided for in chapter 13. By February 1 of each year, the superintendent
26.32shall report to the commissioner, the governor, and the chairs and ranking minority
members
27.1of the legislative committees with jurisdiction over public safety finance and policy
the
27.2following information about the unit: the number of investigations initiated; the
number of
27.3incidents investigated; the outcomes or current status of each investigation; the
charging
27.4decisions made by the prosecuting authority of incidents investigated by the unit;
the number
27.5of plea agreements reached in incidents investigated by the unit; and any other information
27.6relevant to the unit's mission.
27.7 Sec. 5. Minnesota Statutes 2018, section 388.051, subdivision 1, is amended to read:
27.8 Subdivision 1.
General provisions. The county attorney shall:
27.9(1) appear in all cases in which the county is a party;
27.10(2) give opinions and advice, upon the request of the county board or any county officer,
27.11upon all matters in which the county is or may be interested, or in relation to the
official
27.12duties of the board or officer;
27.13(3)
except as provided in section 8.37, prosecute felonies, including the drawing of
27.14indictments found by the grand jury, and, to the extent prescribed by law, gross
27.15misdemeanors, misdemeanors, petty misdemeanors, and violations of municipal ordinances,
27.16charter provisions and rules or regulations;
27.17(4) attend before the grand jury, give them legal advice, and examine witnesses in
their
27.18presence;
27.19(5) request the court administrator to issue subpoenas to bring witnesses before the
grand
27.20jury or any judge or judicial officer before whom the county attorney is conducting
a criminal
27.21hearing;
27.22(6) attend any inquest at the request of the coroner; and
27.23(7) appear, when requested by the attorney general, for the state in any case instituted
27.24by the attorney general in the county attorney's county or before the United States
Land
27.25Office in case of application to preempt or locate any public lands claimed by the
state and
27.26assist in the preparation and trial.
27.27 Sec. 6. Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision to
27.28read:
27.29 Subd. 1a. Legislative intent. The legislature hereby finds and declares the following:
27.30(1) that the authority to use deadly force, conferred on peace officers by this section,
is
27.31a critical responsibility that shall be exercised judiciously and with respect for
human rights
28.1and dignity and for the sanctity of every human life. The legislature further finds
and declares
28.2that every person has a right to be free from excessive use of force by officers acting
under
28.3color of law;
28.4(2) as set forth below, it is the intent of the legislature that peace officers use
deadly
28.5force only when necessary in defense of human life. In determining whether deadly
force
28.6is necessary, officers shall evaluate each situation in light of the particular circumstances
28.7of each case and shall use other available resources and techniques if reasonably
safe and
28.8feasible to an objectively reasonable officer;
28.9(3) that the decision by a peace officer to use deadly force shall be evaluated from
the
28.10perspective of a reasonable officer in the same situation, based on the totality of
the
28.11circumstances known to or perceived by the officer at the time, rather than with the
benefit
28.12of hindsight, and that the totality of the circumstances shall account for occasions
when
28.13officers may be forced to make quick judgments about using deadly force; and
28.14(4) that peace officers should exercise special care when interacting with individuals
28.15with physical, mental health, developmental, or intellectual disabilities as an individual's
28.16disability may affect the individual's ability to understand or comply with commands
from
28.17peace officers.
28.18 Sec. 7. Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:
28.19 Subd. 2.
Use of deadly force. (a) Notwithstanding the provisions of section
609.06 or
28.20609.065, the use of deadly force by a peace officer in the line of duty is justified only
when
28.21the officer reasonably believes, based on the totality of the circumstances, that
such force
28.22is necessary:
28.23(1) to protect the peace officer or another from
apparent imminent death or great bodily
28.24harm;
or
28.25(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
28.26officer knows or has reasonable grounds to believe has committed or attempted to commit
28.27a felony
involving the use or threatened use of deadly force; or and the officer reasonably
28.28believes that the person will cause death or great bodily harm to another person unless
28.29immediately apprehended.
28.30(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
28.31knows or has reasonable grounds to believe has committed or attempted to commit a
felony
28.32if the officer reasonably believes that the person will cause death or great bodily
harm if
28.33the person's apprehension is delayed.
29.1(b) A peace officer shall not use deadly force against a person based on the danger
the
29.2person poses to self if an objectively reasonable officer would believe the person
does not
29.3pose an imminent threat of death or great bodily harm to the peace officer or to another
29.4person.
29.5 Sec. 8. Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:
29.6 Subdivision 1.
Deadly force policy. By January 1, 1992, the head of every local and
29.7state law enforcement agency shall establish and enforce a written policy governing
the use
29.8of force, including deadly force, as defined in section
609.066, by peace officers and part-time
29.9peace officers employed by the agency. The policy must be consistent with the provisions
29.10of section 609.066,
subdivision subdivisions 1a and 2, and may not prohibit the use of deadly
29.11force under circumstances in which that force is justified under section
609.066, subdivision
29.122.
29.13 Sec. 9. Minnesota Statutes 2018, section 629.53, is amended to read:
29.14629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.
29.15 Subdivision 1. Pretrial release. A person charged with a criminal offense may be
29.16released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure
29.17and this section. To the extent a court determines there is a conflict between rule 6.02 of
29.18the Rules of Criminal Procedure and this section, this section shall control.
29.19 Subd. 2. Release of a person charged with a misdemeanor offense. (a) A defendant
29.20charged with a misdemeanor offense, other than a violation identified in paragraph
(e), must
29.21be released on personal recognizance unless the court determines that there is a substantial
29.22likelihood that the defendant will not appear at future court proceedings or poses
a threat
29.23to a victim's safety.
29.24(b) If the court determines that there is a substantial likelihood that a defendant
will not
29.25appear at future court appearances, the court must impose the least restrictive conditions
of
29.26release that will reasonably assure the person's appearance as ordered. These conditions
of
29.27release include but are not limited to an unsecured appearance bond or money bail
on which
29.28the defendant may be released by posting cash or sureties. If the court sets conditions
of
29.29release other than an unsecured appearance bond or money bail, it must also set money
bail
29.30without other conditions on which the defendant may be released.
30.1(c) The court must not impose a financial condition of release on a defendant subject
to
30.2this subdivision that results in the pretrial detention of the defendant. Financial
conditions
30.3of release include but are not limited to money bail.
30.4(d) If a defendant subject to this subdivision remains in custody for more than 48
hours
30.5after the court imposes a financial condition of release, the court must review the
conditions
30.6of release and there exists a rebuttable presumption that the financial condition
resulted in
30.7the pretrial detention of the defendant.
30.8(e) This subdivision does not apply to violations of:
30.9(1) section 169A.20;
30.10(2) section 518B.01;
30.11(3) section 609.224;
30.12(4) section 609.2242;
30.13(5) section 609.748;
30.14(6) section 609.749; and
30.15(7) section 629.75.
30.16(f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a
required
30.17court hearing, the court shall issue a summons or warrant directing that the defendant
appear
30.18in court pursuant to rule 6.03 of the Rules of Criminal Procedure.
30.19 Subd. 3. Presumption of release on personal recognizance. Except as described in
30.20subdivision 2, on appearance before the court, a defendant charged with a misdemeanor
30.21must be released on personal recognizance or an unsecured appearance bond unless otherwise
30.22provided by law, or a court determines that release will endanger the public safety,
a victim's
30.23safety, or will not reasonably assure the defendant's appearance.
30.24 Subd. 4. Money bail; disposition. Money bail is the property of the accused, whether
30.25deposited by that person or by a third person on the accused's behalf. When money
bail is
30.26accepted by a judge, that judge shall order it to be deposited with the court administrator.
30.27The court administrator shall retain it until the final disposition of the case and
the final
30.28order of the court disposing of the case. Upon release, the amount released must be
paid to
30.29the accused personally or upon that person's written order. In case of conviction,
the judge
30.30may order the money bail deposit to be applied to any fine or restitution imposed
on the
30.31defendant by the court and, if the fine or restitution is less than the deposit, order
the balance
31.1to be paid to the defendant. Money bail deposited with the court or any officer of
it is exempt
31.2from garnishment or levy under attachment or execution.
31.3EFFECTIVE DATE.This section is effective August 1, 2020.
31.4 Sec. 10.
ATTORNEY GENERAL; APPROPRIATION.
31.5$1,636,000 in fiscal year 2021 is appropriated from the general fund to the attorney
31.6general for conducting criminal prosecutions, including prosecution of peace-officer-involved
31.7death cases pursuant to Minnesota Statutes, section 8.37. This amount is added to
the agency's
31.8base.
31.9 Sec. 11.
APPROPRIATION FOR INDEPENDENT USE OF FORCE
31.10INVESTIGATIONS UNIT IN BCA.
31.11$3,365,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
31.12of public safety to establish and operate the independent Use of Force Investigations
Unit
31.13in the Bureau of Criminal Apprehension. $3,272,000 is added to the agency's base for
this
31.14purpose.
31.16COMMUNITY INVOLVEMENT IN PUBLIC SAFETY
31.17 Section 1. Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:
31.18 Subd. 9.
Peer counseling debriefing data. (a) Data acquired by a peer
group member
31.19in a support counselor when providing public safety peer counseling
debriefing is private
31.20data on the person being debriefed are governed by section 181.9732.
31.21 (b) For purposes of this subdivision
, "public safety peer counseling debriefing" means
31.22a group process oriented debriefing session held for peace officers, firefighters,
medical
31.23emergency persons, dispatchers, or other persons involved with public safety emergency
31.24services, that is established by any government entity providing public safety emergency
31.25services and is designed to help a person who has suffered an occupation-related traumatic
31.26event begin the process of healing and effectively dealing with posttraumatic stress:
31.27 (1) "peer support counselor has the meaning given in section 181.9732, subdivision
1,
31.28paragraph (c); and
31.29 (2) "public safety peer counseling" has the meaning given in section 181.9732, subdivision
31.301, paragraph (c).
32.1 Sec. 2. Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to
32.2read:
32.3 Subd. 9a. Critical incident stress management data. (a) Data acquired by a critical
32.4incident stress management team member when providing critical incident stress management
32.5services are governed by section 181.9731.
32.6(b) For purposes of this subdivision:
32.7(1) "critical incident stress management services" has the meaning given in section
32.8181.9731, subdivision 1, paragraph (c); and
32.9(2) "critical incident stress management team member" has the meaning given in section
32.10181.9731, subdivision 1, paragraph (e).
32.11 Sec. 3.
[181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.
32.12 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
32.13the meanings given.
32.14(b) "Critical incident" means an event that results in acute or cumulative psychological
32.15stress or trauma to an emergency service provider. "Critical incident" includes, but
is not
32.16limited to, any encounter which may result in the death of or serious injury to another
person
32.17such as fatal motor vehicle accidents, child abuse investigations, death investigations,
and
32.18large scale man-made or natural disasters.
32.19(c) "Critical incident stress management services" means consultation, risk assessment,
32.20education, intervention, and other crisis intervention services provided by a critical
incident
32.21stress management team or critical incident stress management team member to an emergency
32.22service provider affected by a critical incident.
32.23(d) "Critical incident stress management team" means a group organized to provide
32.24critical incident stress management to emergency service providers and consists of
members
32.25trained in accordance with standards that are both (1) established by a nationally
recognized
32.26critical incident stress management organization or network, and (2) recognized by
the
32.27commissioner of public safety. A critical incident stress management team may include
32.28members from any emergency service discipline, mental health professionals, and designated
32.29emergency service chaplains.
32.30(e) "Critical incident stress management team member" means an individual who is
32.31specially trained to provide critical incident stress management services, has met
the critical
32.32incident stress management team training requirements, was approved to function as
a
33.1critical incident stress management team member prior to the time critical incident
stress
33.2management services are provided, and is approved to function as a critical incident
stress
33.3management team member at the time the critical incident stress management services
are
33.4provided.
33.5(f) "Emergency service provider" includes a peace officer, correctional officer, probation
33.6officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital
or
33.7emergency medical clinic personnel, forensic science professional, or other person
involved
33.8with public safety emergency services, either paid or volunteer.
33.9 Subd. 2. Disclosure prohibited. (a) Except as provided in subdivision 3, a critical
33.10incident stress management team member or any person who receives critical incident
stress
33.11management services shall not be required to disclose to a third party any information
33.12obtained solely through the provision of or receipt of such services.
33.13(b) Government data on individuals receiving critical incident stress management services
33.14are classified as private data on individuals, as defined by section 13.02, subdivision
12,
33.15but may be disclosed as provided in subdivision 3.
33.16 Subd. 3. Exceptions. The prohibition established under subdivision 2 does not apply if
33.17any of the following are true:
33.18(1) the critical incident stress management team member reasonably believes the
33.19disclosure is necessary to prevent harm to self by the person in receipt of critical
incident
33.20stress management services or to prevent the person from harming another person, provided
33.21the disclosure is only for the purpose of preventing the person from harming self
or others
33.22and limited to information necessary to prevent such harm;
33.23(2) the person who received critical incident stress management services provides
written
33.24consent to the disclosure of the information;
33.25(3) the critical incident stress management team member is a witness or a party to
a
33.26critical incident that prompted the emergency service provider to receive critical
stress
33.27management services;
33.28(4) the person receiving critical incident stress management services discloses information
33.29that is required to be reported under the mandated reporting laws, including, but
not limited
33.30to, the reporting of maltreatment of minors under section 626.556 and the reporting
of
33.31maltreatment of vulnerable adults under section 626.557, provided the disclosure is
only
33.32for the purpose of reporting maltreatment and limited to information necessary to
make
33.33such a report;
34.1(5) the emergency service provider who received critical incident stress management
34.2services is deceased and the surviving spouse or administrator of the estate of the
deceased
34.3emergency service provider gives written consent to the disclosure; or
34.4(6) the emergency service provider who received critical incident stress management
34.5services voluntarily testifies, in which case the critical incident stress management
team
34.6member may be compelled to testify on the same subject.
34.7 Sec. 4.
[181.9732] PUBLIC SAFETY PEER COUNSELING.
34.8 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
34.9the meanings given.
34.10(b) "Emergency service providers" includes a peace officer, correctional officer,
probation
34.11officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital
or
34.12emergency medical clinic personnel, forensic science professional, or other person
involved
34.13with public safety emergency services, either paid or volunteer.
34.14(c) "Peer support counselor" means an individual who is specially trained to provide
34.15public safety peer counseling services in accordance with standards established by
an
34.16accredited mental health organization or network and recognized by the commissioner
of
34.17public safety, and who is designated by the emergency service provider's agency to
provide
34.18such services.
34.19(d) "Public safety peer counseling" means a counseling session, led by a peer support
34.20counselor for emergency service providers that is designed to help a person who has
suffered
34.21an occupation-related trauma, illness, or stress begin the process of healing and
effectively
34.22dealing with the person's problems, and includes the use of referrals to better service
these
34.23occupation-related issues.
34.24 Subd. 2. Disclosure prohibited. (a) Except as provided in subdivision 3, a peer support
34.25counselor or any person who receives public safety peer counseling shall not be required
34.26to disclose any information obtained solely through the provision of or receipt of
such
34.27services to a third party.
34.28(b) Government data on individuals receiving peer counseling are classified as private
34.29data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed
as
34.30provided in subdivision 3.
34.31 Subd. 3. Exceptions. The prohibition established under subdivision 2 does not apply if
34.32any of the following are true:
35.1(1) the peer support counselor reasonably believes the disclosure is necessary to
prevent
35.2harm to self by the person in receipt of public safety peer counseling or to prevent
the person
35.3from harming another person, provided the disclosure is only for the purpose of preventing
35.4the person from harming self or others and limited to information necessary to prevent
such
35.5harm;
35.6(2) the person who received public safety peer counseling provides written consent
to
35.7the disclosure of the information;
35.8(3) the peer support counselor is a witness or a party to a critical incident that
prompted
35.9the emergency service provider to receive public safety peer counseling;
35.10(4) the person receiving public safety peer counseling discloses information that
is
35.11required to be reported under the mandated reporting laws, including, but not limited
to,
35.12the reporting of maltreatment of minors under section 626.556 and the reporting of
35.13maltreatment of vulnerable adults under section 626.557, provided the disclosure is
only
35.14for the purpose of reporting maltreatment and limited to information necessary to
make
35.15such a report;
35.16(5) the emergency service provider who received public safety peer counseling is deceased
35.17and the surviving spouse or administrator of the estate of the deceased emergency
service
35.18provider gives written consent to the disclosure; or
35.19(6) the emergency service provider who received public safety peer counseling voluntarily
35.20testifies, in which case the peer support counselor may be compelled to testify on
the same
35.21subject.
35.22 Sec. 5. Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to
35.23read:
35.24 Subd. 2a. Felony conviction; restoration of civil right to vote. An individual convicted
35.25of a felony has the civil right to vote restored when the individual completes any
incarceration
35.26imposed and executed by the court for the offense, or upon sentencing if no incarceration
35.27is imposed. If the individual is later incarcerated for the same offense, the individual's
civil
35.28right to vote is lost only during the period of incarceration.
35.29 Sec. 6. Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:
35.30 Subdivision 1.
Form. Both paper and electronic voter registration applications must
35.31contain the same information unless otherwise provided by law. A voter registration
35.32application must contain spaces for the following required information: voter's first
name,
36.1middle name, and last name; voter's previous name, if any; voter's current address;
voter's
36.2previous address, if any; voter's date of birth; voter's municipality and county of
residence;
36.3voter's telephone number, if provided by the voter; date of registration; current
and valid
36.4Minnesota driver's license number or Minnesota state identification number, or if
the voter
36.5has no current and valid Minnesota driver's license or Minnesota state identification,
the
36.6last four digits of the voter's Social Security number; and voter's signature. The
paper
36.7registration application may include the voter's e-mail address, if provided by the
voter. The
36.8electronic voter registration application must include the voter's e-mail address.
The
36.9registration application may include the voter's interest in serving as an election
judge, if
36.10indicated by the voter. The application must also contain the following certification
of voter
36.11eligibility:
36.12"I certify that I:
36.13(1) will be at least 18 years old on election day;
36.14(2) am a citizen of the United States;
36.15(3) will have resided in Minnesota for 20 days immediately preceding election day;
36.16(4) maintain residence at the address given on the registration form;
36.17(5) am not under court-ordered guardianship in which the court order revokes my right
36.18to vote;
36.19(6) have not been found by a court to be legally incompetent to vote;
36.20(7)
have the right to vote because, if I have been convicted of a felony, my felony sentence
36.21has expired (been completed) or I have been discharged from my sentence am not currently
36.22incarcerated for a felony offense; and
36.23(8) have read and understand the following statement: that giving false information
is a
36.24felony punishable by not more than five years imprisonment or a fine of not more than
36.25$10,000, or both."
36.26The certification must include boxes for the voter to respond to the following questions:
36.27"(1) Are you a citizen of the United States?" and
36.28"(2) Will you be 18 years old on or before election day?"
36.29And the instruction:
36.30"If you checked 'no' to either of these questions, do not complete this form."
37.1The form of the voter registration application and the certification of voter eligibility
37.2must be as provided in this subdivision and approved by the secretary of state. Voter
37.3registration forms authorized by the National Voter Registration Act must also be
accepted
37.4as valid. The federal postcard application form must also be accepted as valid if
it is not
37.5deficient and the voter is eligible to register in Minnesota.
37.6An individual may use a voter registration application to apply to register to vote
in
37.7Minnesota or to change information on an existing registration.
37.8 Sec. 7.
[201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
37.9VOTING RIGHTS.
37.10The secretary of state shall develop accurate and complete information in a single
37.11publication about the voting rights of people who have been charged with or convicted
of
37.12a crime. This publication must be made available electronically to the state court
administrator
37.13for distribution to judges, court personnel, probation officers, and the commissioner
of
37.14corrections for distribution to corrections officials, parole and supervised release
agents,
37.15and the public.
37.16 Sec. 8. Minnesota Statutes 2019 Supplement, section 204C.10, is amended to read:
37.17204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
37.18VOTER RECEIPT.
37.19(a) An individual seeking to vote shall sign a polling place roster or voter signature
37.20certificate which states that the individual
:
37.21(1) is at least 18 years of age
,;
37.22(2) is a citizen of the United States
,;
37.23(3) has resided in Minnesota for 20 days immediately preceding the election
,;
37.24(4) maintains residence at the address shown
,;
37.25(5) is not under a guardianship in which the court order revokes the individual's right
to
37.26vote
,;
37.27(6) has not been found by a court of law to be legally incompetent to vote
or;
37.28(7) has the right to vote because, if the individual was convicted of a felony,
the felony
37.29sentence has expired or been completed or the individual has
been discharged from the
37.30sentence, completed the term of incarceration, if any, for the felony offense;
38.1(8) is registered
; and
38.2(9) has not already voted in the election.
38.3The roster must also state: "I understand that deliberately providing false information
38.4is a felony punishable by not more than five years imprisonment and a fine of not
more than
38.5$10,000, or both."
38.6(b) At the presidential nomination primary, the polling place roster must also state:
"I
38.7am in general agreement with the principles of the party for whose candidate I intend
to
38.8vote." This statement must appear separately from the statements required in paragraph
(a).
38.9The felony penalty provided for in paragraph (a) does not apply to this paragraph.
38.10(c) A judge may, before the applicant signs the roster or voter signature certificate,
38.11confirm the applicant's name, address, and date of birth.
38.12(d) After the applicant signs the roster or voter signature certificate, the judge
shall give
38.13the applicant a voter's receipt. The voter shall deliver the voter's receipt to the
judge in
38.14charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to
38.15the voter the ballot. The voters' receipts must be maintained during the time for
notice of
38.16filing an election contest.
38.17(e) Whenever a challenged status appears on the polling place roster, an election
judge
38.18must ensure that the challenge is concealed or hidden from the view of any voter other
than
38.19the voter whose status is challenged.
38.20 Sec. 9.
[243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
38.21 Subdivision 1. Correctional facilities; designation of official. The chief executive
38.22officer of each state and local correctional facility shall designate an official
within the
38.23facility to provide the notice and application required under this section to persons
to whom
38.24the civil right to vote is restored by reason of the persons' release from actual
incarceration.
38.25The official shall maintain an adequate supply of voter registration applications
and
38.26informational materials for this purpose.
38.27 Subd. 2. Notice requirement. A notice of restoration of the civil right to vote and a
38.28voter registration application must be provided as follows:
38.29(1) the chief executive officer of each state and local correctional facility shall
provide
38.30the notice and application to a person being released from the facility following
incarceration
38.31for a felony-level offense; and
39.1(2) a probation officer or supervised release agent shall provide the notice and application
39.2to all individuals under correctional supervision for a felony-level offense.
39.3 Subd. 3. Form of notice. The notice required by subdivision 2 must appear substantially
39.4as follows:
39.5"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
39.6Your receipt of this notice today means that your right to vote in Minnesota has been
39.7restored. Before you can vote on election day, you still need to register to vote.
To register,
39.8you may complete a voter registration application and return it to the Office of the
Minnesota
39.9Secretary of State. You may also register to vote in your polling place on election
day. You
39.10will not be permitted to cast a ballot until you register to vote. The first time
you appear at
39.11your polling place to cast a ballot, you may be required to provide proof of your
current
39.12residence."
39.13 Subd. 4. Failure to provide notice. A failure to provide proper notice as required by
39.14this section does not prevent the restoration of the person's civil right to vote.
39.15 Sec. 10.
[299A.018] OFFICER-INVOLVED DEATH REVIEW BOARD.
39.16 Subdivision 1. Definitions. (a) The following terms have the meanings provided.
39.17(b) "Board" means the Officer-Involved Death Review Board.
39.18(c) "Commissioner" means the commissioner of public safety.
39.19(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1,
39.20paragraph (f).
39.21(e) "Officer-involved death" means the death of a person that results from a peace
officer's
39.22use of force while the officer is on duty or off duty but performing activities that
are within
39.23the scope of the officer's law enforcement duties.
39.24(f) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
39.25(c).
39.26 Subd. 2. Establishment; membership; office support. (a) The Officer-Involved Death
39.27Review Board is established in the Department of Public Safety. The board consists
of the
39.28following members:
39.29(1) the superintendent of the Bureau of Criminal Apprehension;
39.30(2) a member of the Peace Officer Standards and Training Board selected by the executive
39.31director of the Peace Officer Standards and Training Board;
40.1(3) a representative of the Office of Violence Prevention in the Department of Health;
40.2(4) the commissioner of the Department of Human Rights or a designee;
40.3(5) the commissioner of corrections or a designee; and
40.4(6) six persons selected by the commissioner that must include:
40.5(i) a medical examiner or coroner;
40.6(ii) a use of force expert;
40.7(iii) a civil rights expert;
40.8(iv) a prosecutor with expertise in officer-involved death reviews;
40.9(v) a member of the public from the seven-county metropolitan area; and
40.10(vi) a member of the public from outside of the seven-county metropolitan area.
40.11(b) Members appointed by the commissioner of public safety under paragraph (a), clause
40.12(6), serve a two-year term, and may be re-appointed for one additional term.
40.13(c) The commissioner must convene the board no later than November 1, 2020, and
40.14provide meeting space and administrative assistance necessary for the board to conduct
its
40.15work, including documentation of meetings and review findings.
40.16 Subd. 3. Review teams. (a) The board shall appoint a review team from among the board
40.17members to collect, review, and analyze data related to each officer-involved death
that
40.18occurs in the state. The board may also invite other relevant persons to participate
as full
40.19members of a review team as needed. Review team membership should represent the cultural
40.20and racial diversity of the community where the death occurred, to the extent possible.
A
40.21member may not participate in a review if the member is a current or former employee
of
40.22the agency that is the subject of the team's review.
40.23(b) In determining the cause of death, the review team shall consider death certificates
40.24and other data relevant to determining cause of death, including investigative reports
and
40.25medical records. The review team may also analyze additional available information
40.26concerning the decedent.
40.27(c) As part of the review team's investigation of a peace officer involved in an
40.28officer-involved death, the team should review:
40.29(1) the peace officer's complete employment and training records;
40.30(2) the policies and standard operating procedures of the agency that employs the
peace
40.31officer;
41.1(3) applicable collective bargaining agreements; and
41.2(4) other pertinent information concerning the peace officer and the agency that employs
41.3the peace officer.
41.4 Subd. 4. Access to data. (a) The review team has access to the following not public
41.5data, as defined in section 13.02, subdivision 8a, relating to an officer-involved
death:
41.6(1) inactive law enforcement investigative data under section 13.82;
41.7(2) autopsy records and coroner or medical examiner investigative data under section
41.813.83;
41.9(3) hospital, public health, or other medical records of the decedent under section
13.384;
41.10and
41.11(4) records under section 13.46, created by social service agencies that provided
services
41.12to the decedent.
41.13(b) Access to medical records under this paragraph also includes records governed
by
41.14sections 144.291 to 144.298.
41.15(c) The board has access to corrections and detention data as provided in section
13.85.
41.16 Subd. 5. Agency notice; cooperation. (a) The chief law enforcement officer of a law
41.17enforcement agency that has an officer-involved death must notify the commissioner
within
41.1830 days of the death. The commissioner shall forward a copy of the filing to the board.
The
41.19notification shall contain information concerning the reason for and circumstances
41.20surrounding the death.
41.21(b) The law enforcement agency that employs a peace officer who was involved in an
41.22officer-involved death must cooperate fully with the board and a review team appointed
by
41.23the board. The chief law enforcement officer of the agency that employs an officer
under
41.24investigation by a review team must provide written answers to questions posed by
the
41.25review team or the board.
41.26 Subd. 6. Compel production of records; subpoena. As part of any review, the board
41.27may compel the production of other records by applying to the district court for a
subpoena,
41.28which will be effective throughout the state according to the Rules of Civil Procedure.
41.29 Subd. 7. Officer-involved death reviews and recommendations. (a) The board must
41.30conduct an initial review of each officer-involved death within 90 days of the final
41.31adjudication of the event to determine any immediate action, appropriate local representation,
42.1and timeline. The board must submit a publicly available summary of the incident and
the
42.2board's response plan.
42.3(b) The board must identify and analyze the root causes of the incident.
42.4(c) The full review must be completed within six months of the final adjudication
of the
42.5event and the report must be filed with the commissioner and agency that employed
the
42.6peace officer involved in the event within 60 days of completion of the review.
42.7(d) The board shall make recommendations to the commissioner for changes in statewide
42.8training of peace officers. Following the analysis, the board must prepare a report
that
42.9recommends policy and system changes to reduce and prevent future incidents across
42.10jurisdictions, agencies, and systems.
42.11(e) The commissioner must post the report on the Department of Public Safety's public
42.12website. The posted report must comply with chapter 13 and any data that is not public
data
42.13must be redacted.
42.14 Subd. 8. Confidentiality; data privacy. (a) Meetings of the board are not subject to
42.15chapter 13D. A person attending a board meeting may not disclose what transpired at
the
42.16meeting, except to carry out the purposes of the review or as otherwise provided in
this
42.17subdivision.
42.18(b) The board may disclose the names of the decedents in the cases it reviews.
42.19(c) Proceedings and records of the board are confidential data as defined in section
13.02,
42.20subdivision 3, or protected nonpublic data as defined in section 13.02, subdivision
13,
42.21regardless of their classification in the hands of the person who provided the data,
and are
42.22not subject to discovery or introduction into evidence in a civil or criminal action
against a
42.23professional, the state, or a county agency, arising out of the matters the team is
reviewing.
42.24Information, documents, and records otherwise available from other sources are not
immune
42.25from discovery or use in a civil or criminal action solely because they were presented
during
42.26proceedings of the board.
42.27(d) This subdivision does not limit a person who presented information before the
board
42.28or who is a member of the panel from testifying about matters within the person's
knowledge.
42.29However, in a civil or criminal proceeding, a person may not be questioned about the
person's
42.30good faith presentation of information to the board or opinions formed by the person
as a
42.31result of the board meetings.
42.32(e) In addition to the requirements of section 13.05, subdivision 5, the board must
42.33establish written procedures to ensure individuals have access to not public data
only if
43.1authorized in writing by the board. The ability of authorized individuals to enter,
update,
43.2or access not public data must be limited through the use of role-based access that
43.3corresponds to the official duties or training level of the individual and the statutory
43.4authorization that grants access for that purpose. All queries and responses, and
all actions
43.5in which data are entered, updated, accessed, shared, or disseminated, must be recorded
in
43.6a data audit trail. Data contained in the audit trail are public, to the extent that
the data are
43.7not otherwise classified by law.
43.8 Subd. 9. External advice. The board shall identify an external impartial entity to facilitate
43.9reviews and establish the review process.
43.10 Subd. 10. Reports to the legislature. By June 15 of each year, the board must report
43.11to the chairs and ranking minority members of the house of representatives and senate
43.12committees and divisions with jurisdiction over public safety on:
43.13(1) the number of reviews performed under this section in the last year;
43.14(2) aggregate data on reviews performed;
43.15(3) the number of reviews that included a recommendation that the law enforcement
43.16agency under review implement a corrective action plan;
43.17(4) a description of any recommendations made to the commissioner for statewide
43.18training of peace officers; and
43.19(5) recommendations for legislative action.
43.20 Sec. 11.
[299A.625] COMMUNITY-LED PUBLIC SAFETY COORDINATOR.
43.21 Subdivision 1. Community-led public safety coordinator established. The
43.22commissioner of public safety shall appoint a statewide community-led public safety
43.23coordinator in the Office of Justice Programs who shall serve in the unclassified
service.
43.24 Subd. 2. Duties. The office shall:
43.25(1) promote and monitor alternatives to traditional policing models;
43.26(2) identify effective forms of community-led intervention to promote public safety;
43.27(3) strengthen connections between community members and local law enforcement
43.28agencies;
43.29(4) encourage the use of restorative justice programs including but not limited to
43.30sentencing circles; and
44.1(5) administer grants to promote community-based crisis intervention and promote
44.2community healing.
44.3EFFECTIVE DATE.This section is effective July 1, 2020.
44.4 Sec. 12. Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:
44.5 Subdivision 1.
Restoration. When a person has been deprived of civil rights by reason
44.6of conviction of a crime and is thereafter discharged, such discharge shall restore
the person
44.7to all civil rights and to full citizenship
, with full right to vote and hold office, the same as
44.8if such conviction had not taken place, and the order of discharge shall so provide.
44.9 Sec. 13.
[626.5534] USE OF FORCE REPORTING.
44.10 Subdivision 1. Report required. A chief law enforcement officer must provide the
44.11information requested by the Federal Bureau of Investigation about each incident of
law
44.12enforcement use of force resulting in serious bodily injury or death, as those terms
are
44.13defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
44.14of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting
form
44.15for use by law enforcement agencies in making the report required under this section.
The
44.16report must include for each incident all of the information requested by the Federal
Bureau
44.17of Investigation.
44.18 Subd. 2. Use of information collected. A chief law enforcement officer must file the
44.19report under subdivision 1 once a month in the form required by the superintendent.
The
44.20superintendent must summarize and analyze the information received and submit an annual
44.21written report to the chairs and ranking minority members of the house of representatives
44.22and senate committees with jurisdiction over public safety. The superintendent shall
submit
44.23the information to the Federal Bureau of Investigation.
44.24 Sec. 14. Minnesota Statutes 2018, section 626.8469, is amended to read:
44.25626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
44.26AND CULTURAL DIVERSITY.
44.27 Subdivision 1.
In-service training required. Beginning July 1, 2018, the chief law
44.28enforcement officer of every state and local law enforcement agency shall provide
in-service
44.29training in crisis intervention and mental illness crises; conflict management and
mediation;
44.30and recognizing and valuing community diversity and cultural differences to include
implicit
44.31bias training to every peace officer and part-time peace officer employed by the agency.
44.32The training shall comply with learning objectives developed and approved by the board
45.1and shall meet board requirements for board-approved continuing education credit.
Crisis
45.2intervention and mental illness crisis training shall meet the standards in subdivision
1a.
45.3The training shall consist of at least 16 continuing education credits
with a minimum of six
45.4hours for crisis intervention and mental illness crisis training within an officer's three-year
45.5licensing cycle. Each peace officer with a license renewal date after June 30, 2018,
is not
45.6required to complete this training until the officer's next full three-year licensing
cycle.
45.7 Subd. 1a. Crisis intervention and mental illness crisis training. (a) The board, in
45.8consultation with the commissioner of human services and mental health stakeholders,
shall
45.9create a list of approved entities and training courses to instruct peace officers
in techniques
45.10for responding to a mental illness crisis. A course must include scenario-based instruction
45.11and cover most of the following issues:
45.12(1) techniques for relating to individuals with mental illnesses and the individuals'
45.13families;
45.14(2) techniques for crisis de-escalation;
45.15(3) techniques for relating to diverse communities and education on mental illness
45.16diversity;
45.17(4) mental illnesses and the criminal justice system;
45.18(5) community resources and supports for individuals experiencing a mental illness
crisis
45.19and for the individuals' families;
45.20(6) psychotropic medications and the medications' side effects;
45.21(7) co-occurring mental illnesses and substance use disorders;
45.22(8) suicide prevention; and
45.23(9) mental illnesses and disorders and the symptoms.
45.24(b) A course must also include training on children and families of individuals with
45.25mental illnesses to enable officers to respond appropriately to others who are present
during
45.26a mental illness crisis. The board shall update the list of approved entities and
training
45.27courses periodically as it considers appropriate.
45.28 Subd. 2.
Record keeping required. The head of every local and state law enforcement
45.29agency shall maintain written records of the agency's compliance with the requirements
of
45.30subdivision 1. subdivisions 1 and 1a including, at a minimum:
45.31(1) documentation of the training provider;
46.1(2) documentation of the content of the training provided;
46.2(3) documentation that crisis intervention and mental illness crisis training included
46.3scenario-based instruction in compliance with the standards described in subdivision
1a;
46.4(4) compiled evaluations; and
46.5(5) explanation of expenditure of funds.
46.6The documentation
is subject to periodic review by the board, and shall be
made available
46.7submitted to the board
at its request.
The board shall include in the compliance reviews
46.8required in section 626.8459 an evaluation of the effectiveness of in-service crisis
intervention
46.9and mental illness crisis training in reducing officer use of force and diverting
people
46.10experiencing a mental illness crisis from arrest.
46.11 Subd. 3.
Licensing sanctions; injunctive relief. The board may impose licensing
46.12sanctions and seek injunctive relief under section
214.11 for failure to comply with the
46.13requirements of this section.
46.14 Sec. 15.
[626.8474] AUTISM TRAINING.
46.15 Subdivision 1. Learning objectives required. (a) By January 1, 2021, the board shall
46.16prepare learning objectives for preservice and in-service training on ensuring safer
46.17interactions between peace officers and persons with autism. At a minimum, the objectives
46.18must address the following:
46.19(1) autism overview and behavioral understanding;
46.20(2) best practices for interventions and de-escalation strategies;
46.21(3) prevention and crisis reduction models; and
46.22(4) objective review of tools and technology available.
46.23(b) In developing the learning objectives, the board shall consult with, at a minimum:
46.24(1) individuals with autism;
46.25(2) family members of individuals with autism;
46.26(3) autism experts; and
46.27(4) peace officers.
46.28 Subd. 2. Preservice training required. (a) The learning objectives developed pursuant
46.29to subdivision 1 must be included in the required curriculum of professional peace
officer
46.30educational programs.
47.1(b) A person is not eligible to take the peace officer licensing examination after
July 1,
47.22021, unless the individual has received the training described in paragraph (a).
47.3 Subd. 3. In-service training required. Beginning July 1, 2021, the chief law enforcement
47.4officer of every state and local law enforcement agency shall provide in-service autism
47.5training to every peace officer and part-time peace officer employed by the agency.
The
47.6training must comply with the learning objectives developed and approved by the board
47.7and must meet board requirements for board-approved continuing education credit. The
47.8training must consist of at least four continuing education credits within an officer's
three-year
47.9licensing cycle. Each peace officer with a license renewal date after June 30, 2021,
is not
47.10required to complete this training until the officer's next full three-year licensing
cycle.
47.11 Subd. 4. Record keeping required. The head of every local and state law enforcement
47.12agency shall maintain written records of the agency's compliance with the requirements
of
47.13subdivision 3. The documentation is subject to periodic review by the board, and must
be
47.14made available to the board at its request.
47.15 Subd. 5. Licensing sanctions; injunctive relief. The board may impose licensing
47.16sanctions and seek injunctive relief under section
214.11 for failure to comply with the
47.17requirements of this section.
47.18 Sec. 16.
APPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
47.19MENTAL ILLNESS CRISIS TRAINING.
47.20$145,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
47.21Standards and Training (POST) Board to reimburse law enforcement agency crisis
47.22intervention and mental illness crisis training expenses for training that is provided
by
47.23approved entities according to Minnesota Statutes, section 626.8469, subdivision 1a.
47.24$137,000 is added to the board's base.
47.25 Sec. 17.
APPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
47.26COLLABORATION.
47.27$14,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
47.28Standards and Training (POST) Board to administer a pilot project to create collaborations
47.29between county mobile crisis mental health services described in Minnesota Statutes,
section
47.30245.469, and municipal law enforcement agencies. This appropriation is onetime. The
47.31appropriation shall be used to purchase tablets and video conferencing telehealth
services
47.32to allow peace officers to connect quickly with members of the mobile crisis mental
health
47.33team to assist individuals in crisis. No later than September 1, 2021, law enforcement
48.1agencies awarded grants shall provide a written report to the board describing the
expenditure
48.2of funds and evaluating the effectiveness of the project in diverting people experiencing
a
48.3mental illness crisis from arrest. The board shall submit a written report compiling
the law
48.4enforcement agency reports and evaluating the program to the chairs and ranking minority
48.5members of the house of representatives and senate committees with jurisdiction over
public
48.6safety by January 1, 2022.
48.7 Sec. 18.
APPROPRIATION.
48.8$8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension
48.9for the fiscal year ending June 30, 2021, to implement autism training.
48.10 Sec. 19.
COMMUNITY-LED PUBLIC SAFETY GRANTS.
48.11 Subdivision 1. Appropriation. $15,000,000 in fiscal year 2021 is appropriated from
48.12the general fund to the commissioner of public safety to promote community-led public
48.13safety.
48.14 Subd. 2. Community-led public safety coordinator. Of the amount appropriated in
48.15subdivision 1, $100,000 is for one community-led public safety coordinator position
at the
48.16Department of Public Safety.
48.17 Subd. 3. Grants to promote community-based responses to crises. (a) Of the amount
48.18appropriated in subdivision 1, $7,450,000 is for grants to promote mental health
48.19crisis-response teams as provided in this subdivision.
48.20(b) The community-led public safety coordinator shall award grants to local units
of
48.21government or tribal governments that form a partnership with community-based
48.22organizations to support, develop, or establish independent crisis-response teams
to
48.23de-escalate volatile situations; respond to situations involving a mental health crisis;
promote
48.24community-based efforts designed to enhance community safety and wellness; and support
48.25community-based strategies to interrupt, intervene in, or respond to violence.
48.26 Subd. 4. Grants to promote community healing. (a) Of the amount appropriated in
48.27subdivision 1, $7,450,000 is for grants to promote healing support in black, indigenous,
and
48.28people of color communities in Minnesota.
48.29(b) The community-led public safety coordinator shall award grants to community-based
48.30organizations that provide programs and direct intervention to promote wellness and
healing
48.31justice. In awarding grants, the coordinator may collaborate with organizations that
provide
49.1supportive professional community and mutual aid networks for wellness and healing
justice
49.2practitioners. Grants are available for:
49.3(1) programmatic and community care support for wellness and healing justice
49.4practitioners;
49.5(2) the establishment and expansion of community organizations that provide wellness
49.6and healing justice services;
49.7(3) placing wellness and healing justice practitioners in organizations that provide
direct
49.8service to black, indigenous, and people of color communities in Minnesota;
49.9(4) providing healing circles;
49.10(5) establishing and expanding Community Coach Certification programs to train
49.11community healers and establish a long-term strategy to build the infrastructure for
49.12community healers to be available during times of tragedy; and
49.13(6) restorative justice programs including but not limited to sentencing circles.
49.14 Subd. 5. Report. (a) On or before January 15 of each year, the community-led public
49.15safety coordinator shall submit a report to the chairs and ranking minority members
of the
49.16legislative committees and divisions with jurisdiction over public safety that includes:
49.17(1) the number of grants issued under subdivision 3;
49.18(2) the number of grants issued under subdivision 4;
49.19(3) the amount of funding awarded for each project;
49.20(4) a description of the programs and services funded;
49.21(5) plans for the long-term sustainability of the projects; and
49.22(6) data on outcomes for the programs and services funded.
49.23(b) Grantees must provide information and data requested by the coordinator to support
49.24the development of this report.
49.25EFFECTIVE DATE.This section is effective July 1, 2020.
49.26 Sec. 20.
REPEALER.
49.27Minnesota Statutes 2018, section 181.973, is repealed."
49.28Delete the title and insert:
50.2relating to public safety; requiring local units of government to establish law
50.3enforcement citizen oversight councils; specifying powers and duties of the councils
50.4and the responsibilities of local authorities toward them; amending arbitrator
50.5selection for peace officer grievance arbitrations; creating a process to collect
and
50.6analyze data on complaints filed against peace officers; providing for a peace
50.7officer discipline report; expanding the membership of the Board of Peace Officer
50.8Standards and Training; establishing a Police-Community Relations Council to
50.9report to and advise the Peace Officer Standards and Training Board; extending
50.10the civil statute of limitations for certain actions by peace officers; tolling the
civil
50.11statute of limitations during investigations of peace officers; providing for
50.12mandatory revocation of peace officer license for violating use of force policy;
50.13prohibiting warrior-style training for peace officers; prohibiting the use of certain
50.14restraints; requiring law enforcement agencies to update policies regarding the use
50.15of force; establishing a duty for peace officers to intercede when another peace
50.16officer is using unreasonable force; establishing a duty for peace officers to report
50.17excessive force incidents; requiring law enforcement agencies to adopt policies
50.18that require peace officers to intercede when another officer is using unreasonable
50.19force; providing for mandatory reporting of peace officer terminations and
50.20resignation; authorizing residency requirements for peace officers; extending
50.21reporting and use of appropriation for missing and murdered indigenous women
50.22task force; authorizing rulemaking; modifying a peace officer's authority to use
50.23deadly force; assigning prosecutorial authority for peace-officer-involved deaths
50.24to the attorney general; providing for juvenile risk assessments; establishing an
50.25independent Use of Force Investigations Unit within the Bureau of Criminal
50.26Apprehension; limiting the use of money bail for certain offenses; providing critical
50.27incident stress management services; providing for public safety peer counseling;
50.28reporting law enforcement use of force; establishing an Officer-Involved Death
50.29Review Board; establishing a Community-Led Public Safety Coordinator;
50.30establishing grants to promote community-based crisis intervention; establishing
50.31grants to promote community healing; establishing standards for crisis intervention
50.32and mental illness crisis training for peace officers; requiring the development and
50.33implementation of autism training for peace officers; restoring the civil right to
50.34vote of an individual upon release from incarceration or upon sentencing if no
50.35incarceration is imposed; requiring notice; requiring reports; classifying data;
50.36appropriating money;amending Minnesota Statutes 2018, sections 8.01; 13.43,
50.37subdivision 9, by adding a subdivision; 201.014, by adding a subdivision; 201.071,
50.38subdivision 1; 260B.176, by adding a subdivision; 388.051, subdivision 1; 415.16,
50.39subdivision 1, by adding a subdivision; 541.073, subdivision 2; 573.02, subdivision
50.401; 609.06, subdivision 1, by adding a subdivision; 609.066, subdivision 2, by
50.41adding a subdivision; 609.165, subdivision 1; 626.841; 626.8432, subdivision 2;
50.42626.8452, subdivision 1, by adding a subdivision; 626.8457, subdivision 1;
50.43626.8469; 626.89, subdivisions 2, 17; 629.53; Minnesota Statutes 2019 Supplement,
50.44section 204C.10; Laws 2019, First Special Session chapter 5, article 1, section 12,
50.45subdivision 7; article 2, section 28, subdivisions 4, 5; proposing coding for new
50.46law in Minnesota Statutes, chapters 8; 181; 201; 243; 299A; 299C; 541; 626;
50.47repealing Minnesota Statutes 2018, section 181.973."