HF 327

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 04:20pm

A bill for an act
relating to public safety; requiring law enforcement to adopt policies for sexual
assault investigation cases; proposing coding for new law in Minnesota Statutes,
chapter 626.

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

Section 1.

new text begin [626.8474] INVESTIGATING SEXUAL ASSAULT CASES; POLICIES
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy required. new text end

new text begin By September 15, 2019, the board, in consultation
with interested parties including at a minimum the Minnesota Coalition Against Sexual
Assault, must develop and distribute to all chief law enforcement officers a comprehensive
model policy for law enforcement investigations of sexual assault cases that takes into
account best practices and ensures a thorough investigation of these cases and that victims
are treated respectfully.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin (a) By December 15, 2019, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy governing the investigation of sexual assault cases within the agency that is identical
or substantially similar to the board's model policy described in subdivision 1. The chief
law enforcement officer must ensure that each peace officer investigating a sexual assault
case follows the agency's policy.
new text end

new text begin (b) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with this subdivision.
new text end

new text begin (c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Compliance reviews authorized. new text end

new text begin The board has authority to inspect state and
local law enforcement agency policies to ensure compliance with subdivision 2. The board
may conduct this inspection based upon a complaint it receives about a particular agency
or through a random selection process. The board may impose licensing sanctions and seek
injunctive relief under section 214.11 for an agency's failure to comply with subdivision 2.
new text end