HF 825

as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 06:12pm

A bill for an act
relating to public safety; requiring professional liability insurance for peace officers;
amending Minnesota Statutes 2016, section 3.736, subdivision 9a; proposing
coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2016, section 3.736, subdivision 9a, is amended to read:

Subd. 9a.

Peace officer indemnification.

The state shall defend, save harmless, and
indemnify a peace officer who is not acting on behalf of a private employer and who is
acting in good faith under section 629.40, subdivision 4, the same as if the officer were an
employee of the state new text begin , except that the defense and indemnification under this section shall
be secondary to the coverage required by section 626.871 for the alleged violations of civil
rights under any federal, state, or local law new text end .

Sec. 2.

new text begin [626.871] PROFESSIONAL LIABILITY INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Insurance required. new text end

new text begin A peace officer, as defined in section 626.88,
subdivision 1, shall maintain professional liability insurance that does not exclude intentional
acts and provides:
new text end

new text begin (1) a minimum of $2,000,000 in coverage;
new text end

new text begin (2) defense expenses outside of, and in addition to, the limits of insurance; and
new text end

new text begin (3) coverage for violation of civil rights under any federal, state, or local law.
new text end

new text begin Subd. 2. new text end

new text begin Certificate of coverage. new text end

new text begin A law enforcement agency shall require that all
employed peace officers provide a certificate verifying that the coverage required in
subdivision 1 is in effect and shall maintain a copy of such certificate.
new text end

new text begin Subd. 3. new text end

new text begin Primary coverage. new text end

new text begin The insurance required by this section shall be primary
coverage for the alleged violation of civil rights under any federal, state, or local law
committed by a peace officer within the scope of employment.
new text end

new text begin Subd. 4. new text end

new text begin Premium assistance. new text end

new text begin A law enforcement agency shall reimburse a peace officer
for the base rate of coverage required in subdivision 1. A peace officer is responsible for
additional premium costs resulting from:
new text end

new text begin (1) coverage that exceeds the minimum requirements of subdivision 1; or
new text end

new text begin (2) the peace officer's claims history.
new text end