HF 1374

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/16/2021 11:37pm

A bill for an act
relating to public safety; requiring chief law enforcement officers to report certain
peace officer misconduct data to the Peace Officer Standards and Training Board;
modifying certain Sentencing Guideline Commission provisions; amending
Minnesota Statutes 2020, sections 13.411, by adding a subdivision; 244.09,
subdivision 6; 626.845, subdivision 3; 626.8457, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Peace officer database. new text end

new text begin Section 626.8457, subdivision 3, governs data sharing
between law enforcement agencies and the Peace Officer Standards and Training Board for
purposes of administering the peace officer database required by section 626.845, subdivision
3.
new text end

Sec. 2.

Minnesota Statutes 2020, section 244.09, subdivision 6, is amended to read:

Subd. 6.

Clearinghouse and information center.

The commission, in addition to
establishing Sentencing Guidelines, shall serve as a clearinghouse and information center
for the collection, preparation, analysis and dissemination of information on state and local
sentencing new text begin and probation new text end practices, and shall conduct ongoing research regarding Sentencing
Guidelines, use of imprisonment and alternatives to imprisonment, new text begin probation terms,
conditions of probation, probation revocations, new text end plea bargaining, new text begin recidivism, new text end and other matters
relating to the improvement of the criminal justice system. The commission shall from time
to time make recommendations to the legislature regarding changes in the Criminal Code,
criminal procedures, and other aspects of sentencing new text begin and probation new text end .

This information shall include information regarding the impact of statutory changes to
the state's criminal laws related to controlled substances, including those changes enacted
by the legislature in Laws 2016, chapter 160.

Sec. 3.

Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:

Subd. 3.

Peace officer data.

The board, in consultation with the Minnesota Chiefs of
Police Association, Minnesota Sheriffs' Association, and Minnesota Police and Peace
Officers Association, shall create a central repository for peace officer data deleted text begin designated as
public data under chapter 13 deleted text end . The database shall be designed to receive, in real time, the
deleted text begin public deleted text end data required to be submitted to the board by law enforcement agencies in section
626.8457, subdivision 3, paragraph (b). To ensure the anonymity of individuals, the database
must use encrypted data to track information transmitted on individual peace officers.

Sec. 4.

Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public new text begin data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, new text end and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
Council in accomplishing the council's duties; and

(3) allow for the board, the Ensuring Police Excellence and Improving Community
Relations Advisory Council, and the board's complaint investigation committee to identify
patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.