HF 822

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 03:58pm

A bill for an act
relating to public safety; authorizing county and local authorities to share data with
POST Board when board has ordered investigation into peace officer misconduct;
amending Minnesota Statutes 2022, section 626.8457, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Data to be shared with board. new text end

new text begin (a) Upon receiving written notice that the board
is investigating any allegation of misconduct within its regulatory authority, a chief law
enforcement officer, city, county, or public official must cooperate with the board's
investigation and any data request from the board.
new text end

new text begin (b) Upon written request from the board that a matter alleging misconduct within its
regulatory authority has occurred regarding a licensed peace officer, a chief law enforcement
officer, city, county, or public official shall provide the board with all requested public and
private data about the alleged misconduct involving the licensed peace officer, including
any pending or final disciplinary or arbitration proceeding, any settlement or compromise,
and any investigative files including but not limited to body worn camera or other audio or
video files. Confidential data must only be disclosed when the board specifies that the
particular identified data is necessary to fulfill its investigatory obligation concerning an
allegation of misconduct within its regulatory authority.
new text end

new text begin (c) If a licensed peace officer is discharged or resigns from employment after engaging
in any conduct that initiates and results in an investigation of alleged misconduct within the
board's regulatory authority, regardless of whether the licensee was criminally charged or
an administrative or internal affairs investigation was commenced or completed, a chief
law enforcement officer must report the conduct to the board and provide the board with
all public and not public data requested under paragraph (b). If the conduct involves the
chief law enforcement officer, the overseeing city, county, or public official must report
the conduct to the board and provide the board with all public and not public data requested
under paragraph (b).
new text end

new text begin (d) Data obtained by the board shall be classified and governed as articulated in sections
13.03, subdivision 4, and 13.09, as applicable.
new text end

new text begin (e) A chief law enforcement officer, city, county, or public official is not required to
comply with this subdivision when there is an active criminal investigation or active criminal
proceeding regarding the same incident or misconduct that is being investigated by the
board.
new text end

Sec. 2.

Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Immunity from liability. new text end

new text begin A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board under subdivisions 3 and 4, unless the chief law enforcement
officer, city, county, or public official or employees of the law enforcement agency presented
false information to the board with the intention of causing reputational harm to the peace
officer.
new text end