HF 538

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 04:18pm

A bill for an act
relating to public safety; prohibiting peace officers from joining or supporting hate
or extremist groups or criminal gangs; providing for revocation, suspension, or
denial of peace officer license for hate or extremist group or criminal gang activity;
amending Minnesota Statutes 2022, section 626.8432, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2022, section 626.8432, subdivision 1, is amended to read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:

(1) fraud or misrepresentation in obtaining a license;

(2) failure to meet licensure requirements; deleted text begin or
deleted text end

(3) new text begin a violation of section 626.8436, subdivision 1; or
new text end

new text begin (4) new text end a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700.

(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.

Sec. 2.

new text begin [626.8436] HATE OR EXTREMIST GROUPS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) A peace officer may not join, support, advocate for,
maintain membership, or participate in the activities of:
new text end

new text begin (1) a hate or extremist group; or
new text end

new text begin (2) a criminal gang as defined in section 609.229, subdivision 1.
new text end

new text begin (b) This section does not apply when the conduct is sanctioned by the law enforcement
agency as part of the officer's official duties.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Hate or extremist group" means a group that, as demonstrated
by its official statements or principles, the statements of its leaders or members, or its
activities:
new text end

new text begin (1) promotes the use of threats, force, violence, or criminal activity:
new text end

new text begin (i) against a local, state, or federal entity, or the officials of such an entity;
new text end

new text begin (ii) to deprive, or attempt to deprive, individuals of their civil rights under the Minnesota
or United States Constitution; or
new text end

new text begin (iii) to achieve goals that are political, religious, discriminatory, or ideological in nature;
new text end

new text begin (2) promotes seditious activities; or
new text end

new text begin (3) advocates for differences in the right to vote, speak, assemble, travel, or maintain
citizenship based on a person's perceived race, color, creed, religion, national origin,
disability, sex, sexual orientation, gender identity, public assistance status, or any protected
class as defined in Minnesota Statutes or federal law.
new text end

new text begin (b) For the purposes of this section, advocacy, membership, or participation in a hate or
extremist group or criminal gang is demonstrated by:
new text end

new text begin (1) dissemination of material that promotes:
new text end

new text begin (i) the use of threats, force, violence, or criminal activity;
new text end

new text begin (ii) seditious activities; or
new text end

new text begin (iii) the objectives described in paragraph (a), clause (3);
new text end

new text begin (2) engagement in cyber or social media posts, chats, forums, and other forms of
promotion of the group's activities;
new text end

new text begin (3) display or use of insignia, colors, tattoos, hand signs, slogans, or codes associated
with the group;
new text end

new text begin (4) direct financial or in-kind contributions to the group;
new text end

new text begin (5) a physical or cyber presence in the group's events; or
new text end

new text begin (6) other conduct that could reasonably be considered support, advocacy, or participation
in the group's activities.
new text end