HF 55

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:35pm

A bill for an act
relating to public safety; prohibiting public safety critical incident stress
management information as evidence; reporting law enforcement use of force;
proposing coding for new law in Minnesota Statutes, chapters 181; 626; repealing
Minnesota Statutes 2018, section 181.973.

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

Section 1.

new text begin [181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Crisis intervention services" means consultation, one-on-one peer counseling, peer
support activity, coaching, debriefings, defusings, management, prevention, referral suicide
and posttraumatic stress prevention, or resilience education and training provided by a
critical incident stress management team member or participant.
new text end

new text begin (c) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider.
new text end

new text begin (d) "Critical incident stress management" means a set of crisis intervention services for
emergency service providers to assist in coping with the stress and potential psychological
trauma resulting from a response to a critical incident or emotionally difficult events.
new text end

new text begin (e) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, firefighter, rescue squad member, dispatcher, hospital or emergency medical clinic
personnel, or other person involved with public safety emergency services, either paid or
volunteer.
new text end

new text begin (f) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers. A critical incident stress
management team may include peer members from any emergency service discipline, mental
health professionals, and designated emergency service chaplains.
new text end

new text begin (g) "Peer support activity" means a group-process-oriented debriefing session or
one-to-one contact with a peer counselor trained in critical incident stress management.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure prohibited; exception. new text end

new text begin (a) A critical incident stress management
team member or any other person involved in the provision or receipt of crisis intervention
services must not disclose any information obtained solely through the provision of or
receipt of such services to a third party.
new text end

new text begin (b) A critical incident stress management team member involved in the provision or
receipt of crisis intervention services may disclose information if the member reasonably
believes the disclosure is necessary to prevent harm to the person in receipt of services or
to prevent harm to another person.
new text end

new text begin Subd. 3. new text end

new text begin Inadmissibility. new text end

new text begin Any statement made during the provision or receipt of critical
incident stress management is not admissible in an administrative, civil, or criminal
proceeding.
new text end

Sec. 2.

new text begin [626.5534] USE OF FORCE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Report required. new text end

new text begin A chief law enforcement officer must provide the
information requested by the Federal Bureau of Investigation about each incident of law
enforcement use of force resulting in serious bodily injury or death, as those terms are
defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form
for use by law enforcement agencies in making the report required under this section. The
report must include for each incident all of the information requested by the Federal Bureau
of Investigation.
new text end

new text begin Subd. 2. new text end

new text begin Use of information collected. new text end

new text begin A chief law enforcement officer must file the
report under subdivision 1 once a month in the form required by the superintendent. The
superintendent must summarize and analyze the information received and submit an annual
written report to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety. The superintendent shall submit
the information to the Federal Bureau of Investigation.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.973, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-8605

181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.

A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any personnel or occupational licensing matter involving the person being debriefed or counseled.

For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related trauma, illness, or stress begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.