HF 3852

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 05:00pm

A bill for an act
relating to public safety; requiring independent investigations of law enforcement
use of force incidents that result in death; amending Minnesota Statutes 2022,
section 626.5534.

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

Section 1.

Minnesota Statutes 2022, section 626.5534, is amended to read:

626.5534 USE OF FORCE REPORTING new text begin ; INDEPENDENT INVESTIGATIONS
REQUIRED new text end .

Subdivision 1.

Report required.

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.

Subd. 2.

Use of information collected.

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 begin Subd. 3. new text end

new text begin Independent investigations required. new text end

new text begin (a) When an incident of law enforcement
use of force results in death or a person dies while in law enforcement custody, an
investigation of the incident must be undertaken by either the Bureau of Criminal
Apprehension's Independent Use of Force Investigations Unit established under section
299C.80 or a law enforcement agency that does not employ an officer who was involved
in the incident. If a peace officer employed by the Bureau of Criminal Apprehension is
involved in the incident or detention, a law enforcement agency other than the Independent
Use of Force Investigations Unit must conduct the investigation.
new text end

new text begin (b) Each local law enforcement agency must enter into an interagency agreement, as
provided for in section 626.76, with a local law enforcement agency from a nonadjoining
jurisdiction to conduct investigations required under paragraph (a). An agreement entered
into under this subdivision must require the parties to conduct investigations mandated
under paragraph (a) when the Bureau of Criminal Apprehension's Independent Use of Force
Investigations Unit does not undertake the investigation. Each local law enforcement agency
must post the required interagency agreement on the agency's publicly available website.
new text end

new text begin (c) A law enforcement agency must fully cooperate with and promptly respond to requests
for information from the entity conducting an investigation mandated under paragraph (a).
new text end

new text begin (d) An entity that conducts an investigation under this subdivision must prepare a report
detailing the entity's investigation, findings, and recommendations, and promptly deliver
the report to the Attorney General's Office, the prosecutor for the county in which the
incident occurred, and the Board of Peace Officer Standards and Training. Within six months
of receiving a report under this paragraph, a prosecuting authority must release the report
to the public if a law enforcement officer involved in the incident is not charged with a
crime. If a prosecuting authority determines that there is no basis to file charges against a
peace officer involved in the incident prior to six months elapsing from the date of receiving
the report, the prosecutor must publicly disclose the prosecutor's determination and
simultaneously release the report to the public.
new text end

new text begin (e) The attorney general may petition a court for a writ of mandamus to compel an agency
to comply with the requirements of this subdivision.
new text end