1.1 	A bill for an act
1.2 	relating to civil law; providing for attorney fee awards in wrongful death actions 
1.3 	against law enforcement officers; amending Minnesota Statutes 2016, section 
1.4 	573.02, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 573.02, is amended by adding a subdivision 
1.7 	to read:
1.8 		Subd. 5.Actions against a law enforcement officer. (a) In any action under this section 
1.9 	to recover damages for a death allegedly caused by a law enforcement officer acting within 
1.10 	the scope of employment:
1.11 	(1) the court shall award costs and reasonable attorney fees to a prevailing defendant if 
1.12 	the action is dismissed under rule 12 or 56 of the Rules of Civil Procedure; and
1.13 	(2) the court may, in its discretion, award costs and reasonable attorney fees to a 
1.14 	prevailing defendant if the defendant prevails after a trial and the court determines that the 
1.15 	action was frivolous or brought in bad faith.
1.16 	(b) "Law enforcement officer" means a licensed peace officer or part-time peace officer, 
1.17 	as defined in section 626.84, subdivision 1, paragraphs (c) and (d), who is employed by a 
1.18 	unit of government.