HF 55

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/21/2023 10:16am

A bill for an act
relating to public safety; creating an office for missing and murdered Black women
and girls; authorizing office to issue grants; requiring Bureau of Criminal
Apprehension to operate missing person alert program; requiring a report;
appropriating money; amending Minnesota Statutes 2022, section 299C.53,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Section 1.

new text begin [299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN
AND GIRLS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Black women and girls within the
Minnesota Office of Justice Programs.
new text end

new text begin Subd. 2. new text end

new text begin Director; staff. new text end

new text begin (a) The commissioner must appoint a director who is a person
closely connected to the Black community and who is highly knowledgeable about criminal
investigations. The commissioner is encouraged to consider candidates for appointment
who are recommended by members of the Black community.
new text end

new text begin (b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end

new text begin (c) The director and full-time staff shall be members of the Minnesota State Retirement
Association.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The office has the following duties:
new text end

new text begin (1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;
new text end

new text begin (2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;
new text end

new text begin (3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;
new text end

new text begin (4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;
new text end

new text begin (5) collect data on missing person and homicide cases involving Black women and girls,
including the total number of cases, the rate at which the cases are solved, the length of time
the cases remain open, and a comparison to similar cases involving different demographic
groups;
new text end

new text begin (6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;
new text end

new text begin (7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;
new text end

new text begin (8) analyze and assess the intersection between cases involving missing and murdered
Black women and girls and labor trafficking and sex trafficking;
new text end

new text begin (9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;
new text end

new text begin (10) analyze and assess the intersection between cases involving murdered Black women
and girls and domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic assault or
related offenses, and whether the offender used a firearm in the murder or any prior instances
of domestic assault;
new text end

new text begin (11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;
new text end

new text begin (12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end

new text begin (13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;
new text end

new text begin (14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
new text end

new text begin (15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: cold cases for
missing Black women and girls and death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;
new text end

new text begin (16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;
new text end

new text begin (17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end

new text begin (18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;
new text end

new text begin (19) develop and maintain communication with relevant divisions in the Department of
Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding
any cases involving missing and murdered Black women and girls and on procedures for
investigating cases involving missing and murdered Black women and girls;
new text end

new text begin (20) consult with the Council for Minnesotans of African Heritage established in section
15.0145; and
new text end

new text begin (21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canada.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and
new text end

new text begin (2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.
new text end

new text begin Subd. 4. new text end

new text begin Coordination with other organizations. new text end

new text begin In fulfilling its duties, the office may
coordinate, as useful, with stakeholder groups that were represented on the Task Force on
Missing and Murdered African American Women and state agencies that are responsible
for the systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Black women and girls; those who have a role in supporting or
advocating for missing or murdered Black women and girls and the people who seek justice
for them; and those who represent the interests of Black people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; service providers who offer legal services,
advocacy, and other services to Black women and girls; Black women and girls who are
survivors; and organizations and leadership from urban and statewide Black communities.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered Black
women and girls in Minnesota, including names, dates of disappearance, and dates of death,
to the extent the data is publicly available. The office must submit the report by January 15
each year to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over public safety.
new text end

new text begin Subd. 6. new text end

new text begin Acceptance of gifts and receipt of grants. new text end

new text begin (a) A missing and murdered Black
women and girls account is established in the special revenue fund. Money in the account,
including interest earned, is appropriated to the office for the purposes of carrying out the
office's duties, including but not limited to issuing grants to community-based organizations.
new text end

new text begin (b) Notwithstanding sections 16A.013 to 16A.016, the office may accept funds
contributed by individuals and may apply for and receive grants from public and private
entities. The funds accepted or received under this subdivision must be deposited in the
missing and murdered Black women and girls account created under paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Grants to organizations. new text end

new text begin (a) The office shall issue grants to community-based
organizations that provide services designed to prevent or end the targeting of Black women
or girls, or to provide assistance to victims of offenses that targeted Black women or girls.
new text end

new text begin (b) Grant recipients must use money to:
new text end

new text begin (1) provide services designed to reduce or prevent crimes or other negative behaviors
that target Black women or girls;
new text end

new text begin (2) provide training to the community about how to handle situations and crimes involving
the targeting of Black women and girls, including but not limited to training for law
enforcement officers, county attorneys, city attorneys, judges, and other criminal justice
partners; or
new text end

new text begin (3) provide services to Black women and girls who are victims of crimes or other offenses,
or to the family members of missing and murdered Black women and girls.
new text end

new text begin (c) Applicants must apply in a form and manner established by the office.
new text end

new text begin (d) Grant recipients must provide an annual report to the office that includes:
new text end

new text begin (1) the services provided by the grant recipient;
new text end

new text begin (2) the number of individuals served in the previous year; and
new text end

new text begin (3) any other information required by the office.
new text end

new text begin (e) On or before February 1 of each year, the office shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of grant recipients,
including a description of the number of entities awarded grants, the amount of those grants,
and the number of individuals served by the grantees.
new text end

new text begin (f) The office may enter into agreements with the Office of Justice Programs for the
administration of grants issued under this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Access to data. new text end

new text begin Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:

Subd. 3.

Missing and endangered persons.

new text begin The Bureau of Criminal Apprehension
must operate a missing person alert program. new text end If the Bureau of Criminal Apprehension
receives a report from a law enforcement agency indicating that a person is missing and
endangered, the superintendent new text begin must originate an alert. The superintendent new text end may assist the
law enforcement agency in conducting the preliminary investigation, offer resources, and
assist the agency in helping implement the investigation policy with particular attention to
the need for immediate action. The law enforcement agency shall promptly notify all
appropriate law enforcement agencies in the state new text begin and is required to issue a missing person
alert utilizing the Crime Alert Network as prescribed in section 299A.61 new text end and, if deemed
appropriate, law enforcement agencies in adjacent states or jurisdictions of any information
that may aid in the prompt location and safe return of a missing and endangered person. new text begin
The superintendent shall provide guidance on issuing alerts using this system and provide
the system for law enforcement agencies to issue these alerts. The Bureau of Criminal
Apprehension may provide assistance to agencies in issuing missing person alerts as required
by this section.
new text end

Sec. 3. new text begin OFFICE OF MISSING AND MURDERED BLACK WOMEN AND GIRLS;
APPROPRIATION.
new text end

new text begin (a) $1,248,000 in fiscal year 2024 and $1,248,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of public safety for the operation of the Office
of Missing and Murdered Black Women and Girls.
new text end

new text begin (b) Of the amount appropriated under paragraph (a):
new text end

new text begin (1) $300,000 each year is for grants to community-based organizations; and
new text end

new text begin (2) $948,000 each year is to establish and operate the Office of Missing and Murdered
Black Women and Girls, of which at least $50,000 each year must be spent on a public
awareness campaign to inform the public about the office and its responsibilities.
new text end