HF 1410
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/29/2026 03:42 p.m.
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A bill for an act
relating to public safety; modifying correctional and peace officer disciplinary
procedures; amending Minnesota Statutes 2024, sections 241.026, subdivisions
1, 3, by adding subdivisions; 626.89, subdivisions 1, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 241.026, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text begin
(b) "Administrative hearing" means a nonjudicial hearing or arbitration authorized to
modify, approve, or deny discipline.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Correctional officer" and "officer" mean a person employed by the state, a state
correctional facility, or a local correctional or detention facility in a security capacity.
deleted text begin (c)deleted text end new text begin (d)new text end "Formal statement" means the questioning of deleted text begin andeleted text end new text begin the subjectnew text end officer deleted text begin in the course
ofdeleted text end new text begin for the purpose ofnew text end obtaining deleted text begin a recorded, stenographic, or signed statementdeleted text end new text begin informationnew text end
to be used as new text begin a basis for discipline of the officer or as new text end evidence in a disciplinary proceeding
against the officer.
Sec. 2.
Minnesota Statutes 2024, section 241.026, subdivision 3, is amended to read:
Subd. 3.
Governing formal statement procedures.
The formal statement of an officer
must be taken according to deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 4new text begin , 4a, 4b, 4c, 4d, 4e, and 5new text end .
Sec. 3.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Complaint. new text end
new text begin
An officer's formal statement may not be taken unless there is
filed with the employing or investigating agency a written complaint signed by the
complainant stating the complainant's knowledge, and the officer has been given a summary
of the allegations. Complaints stating the signer's knowledge also may be filed by members
of the employing agency. Before an administrative hearing is begun, the officer must be
given a copy of the signed complaint.
new text end
Sec. 4.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 4b. new text end
new text begin Witnesses; investigative reports. new text end
new text begin
Upon request, the investigating agency or
the officer shall provide the other party with a list of witnesses that the agency or officer
expects to testify at the administrative hearing and the substance of the testimony. A party
is entitled to copies of any witness statements in the possession of the other party and an
officer is entitled to a copy of the investigating agency's investigative report, provided that
any references in a witness statement or investigative report that would reveal the identity
of confidential informants need not be disclosed except upon order of the person presiding
over the administrative hearing for good cause shown.
new text end
Sec. 5.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 4c. new text end
new text begin Sessions. new text end
new text begin
Sessions at which a formal statement is taken must be of reasonable
duration and must give the officer reasonable periods for rest and personal necessities. When
practicable, sessions must be held during the officer's regularly scheduled work shift. If the
session is not held during the officer's regularly scheduled work shift, the officer must be
paid by the employing agency at the officer's current compensation rate for time spent
attending the session.
new text end
Sec. 6.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 4d. new text end
new text begin Record. new text end
new text begin
A complete record of sessions at which a formal statement is taken
must be made by electronic recording. Upon written request of the officer whose statement
is taken, a complete copy or transcript must be made available to the officer without charge
or undue delay. The session may be tape recorded by the investigating officer and by the
officer under investigation.
new text end
Sec. 7.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 4e. new text end
new text begin Presence of attorney and union representative. new text end
new text begin
The officer whose formal
statement is taken has the right to have a union representative or an attorney retained by the
officer, or both, present during the session. The officer may request the presence of the
union representative or attorney, or both, at any time before or during the session. When a
request under this subdivision is made, no formal statement may be taken until a reasonable
opportunity is provided for the officer to obtain the presence of the union representative or
attorney.
new text end
Sec. 8.
Minnesota Statutes 2024, section 241.026, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Action for damages. new text end
new text begin
Notwithstanding section 3.736 or 466.03, a political
subdivision or state agency that violates this section is liable to the officer for actual damages
resulting from the violation, plus costs and reasonable attorney fees. The political subdivision
or the state is deemed to have waived any immunity to a cause of action brought under this
subdivision, except that the monetary limits on liability under section 3.736, subdivision 4,
or 466.04 apply.
new text end
Sec. 9.
Minnesota Statutes 2024, section 626.89, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(a) "Administrative hearing" means a nonjudicial hearing or arbitration authorized to
recommend, approve, or order discipline.
(b) "Formal statement" means the questioning of an officer in the course of obtaining deleted text begin a
recorded, stenographic, or signed statementdeleted text end new text begin informationnew text end to be used as new text begin a basis for disciplining
an officer or as new text end evidence in a disciplinary proceeding against the officer.
(c) "Officer" means a licensed peace officer or part-time peace officer, as defined in
section 626.84, subdivision 1, paragraphs (c) and (d), who is employed by a unit of
government.
Sec. 10.
Minnesota Statutes 2024, section 626.89, subdivision 8, is amended to read:
Subd. 8.
Record.
A complete record of sessions at which a formal statement is taken
must be made by electronic recording deleted text begin or otherwisedeleted text end . Upon written request of the officer
whose statement is taken, a complete copy or transcript must be made available to the officer
without charge or undue delay. The session may be tape recorded by the investigating officer
and by the officer under investigation.