1.1                          A bill for an act
  1.2             relating to law enforcement; clarifying responsibility 
  1.3             for compensating innocent third parties whose property 
  1.4             is damaged by law enforcement officers for a public 
  1.5             use; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 626. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [626.74] [COMPENSATION FOR DAMAGE CAUSED BY 
  1.9   PEACE OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 
  1.10     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.11     (1) "just compensation" means the compensation owed to an 
  1.12  innocent third party under the state constitution by a 
  1.13  government unit due to property damage caused by a peace officer 
  1.14  in the course of executing a search warrant or apprehending a 
  1.15  criminal suspect; and 
  1.16     (2) "peace officer" has the meaning given in section 626.84.
  1.17     Subd. 2.  [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 
  1.18  WARRANT.] If just compensation is owed for damage caused in the 
  1.19  execution of a search warrant or the apprehension of a criminal 
  1.20  suspect, the government unit employing the peace officer who 
  1.21  sought issuance of the warrant or initiated the apprehension is 
  1.22  responsible for paying the compensation.  Except as otherwise 
  1.23  provided in this subdivision, if the search warrant is executed 
  1.24  or the apprehension is accomplished by a peace officer from 
  1.25  another jurisdiction in aid of the officer originating the 
  1.26  warrant or initiating the apprehension, the responsibility for 
  2.1   paying just compensation remains with the government unit 
  2.2   employing the officer who originated the warrant or initiated 
  2.3   the apprehension.  In the event the property damage is caused by 
  2.4   the misconduct or negligence of a peace officer, the government 
  2.5   unit employing that peace officer is responsible for paying just 
  2.6   compensation.