HF 4937

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:39pm

A bill for an act
relating to public safety; providing for the Minnesota Civil Liberties Act;
prohibiting immunity for peace officers; 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 [626.893] IMMUNITY PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Civil liability. new text end

new text begin (a) Notwithstanding any law to the contrary, a peace
officer who, under color of law, subjects or causes to be subjected, including but not limited
to failing to intervene, another person to the deprivation of any rights, privileges, or
immunities granted to the person under the constitutions and laws of the United States and
this state, is liable to the injured party for compensatory damages, punitive damages, equitable
relief, or any other appropriate relief. If the plaintiff prevails in the action, in addition to
any monetary or injunctive relief, the court shall award reasonable attorney fees and costs.
new text end

new text begin (b) Except as provided under paragraph (c), statutory immunities and statutory limitations
on liability, damages, and attorney fees shall not apply to claims brought under this
subdivision. Qualified immunity is not a defense to liability imposed under this subdivision.
new text end

new text begin (c) An action under this subdivision shall be commenced within six years after the cause
of action arises.
new text end

new text begin (d) Nothing in this subdivision shall prevent an aggrieved person from pursuing any
other cause of action available to that person for the conduct giving rise to a cause of action
under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Criminal liability. new text end

new text begin Notwithstanding any law to the contrary, a peace officer
who, under color of law, subjects or causes to be subjected, including but not limited to
failing to intervene, another person to the deprivation of any rights, privileges, or immunities
granted to the person under the constitutions and laws of the United States and this state, is
not immune from criminal liability.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "peace officer" has the meaning
given in section 626.84, subdivision 1, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to peace officer actions occurring on or after that date.
new text end

Sec. 2. new text begin TITLE.
new text end

new text begin This act shall be known as the "Minnesota Civil Liberties Act."
new text end