HF 4414

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 03:48pm

A bill for an act
relating to public safety; changing name of Ensuring Police Excellence and
Improving Community Relations Advisory Council to Public Safety Advisory
Council; amending Minnesota Statutes 2022, sections 626.8435, subdivision 1;
626.8457, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 626.8435, subdivision 1, is amended to read:

Subdivision 1.

Establishment and membership.

The deleted text begin Ensuring Police Excellence and
Improving Community Relations deleted text end new text begin Public Safety new text end Advisory Council is established under the
Peace Officer Standards and Training Board. The council consists of the following 15
members:

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;

(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

(6) six community members, of which:

(i) four members shall represent the community-specific boards established under sections
15.0145 and 3.922, reflecting one appointment made by each board;

(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and

(iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and

(7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.

The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.

Sec. 2.

Minnesota Statutes 2022, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the deleted text begin Ensuring Police Excellence and Improving Community Relations deleted text end new text begin Public
Safety new text end Advisory Council in accomplishing the council's duties; and

(3) allow for the board, the deleted text begin Ensuring Police Excellence and Improving Community
Relations deleted text end new text begin Public Safety new text end Advisory Council, and the board's complaint investigation committee
to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a
board-mandated model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.