HF 53

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:34pm

A bill for an act
relating to public safety; establishing an independent Use of Force Investigations
Unit within the Bureau of Criminal Apprehension; requiring reports; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end

new text begin (f) "Unit" means the independent Use of Force Investigations Unit.
new text end

new text begin Subd. 2. new text end

new text begin Formation; special agent in charge; duty. new text end

new text begin The superintendent shall form an
independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
to conduct officer-involved death investigations. The superintendent, in consultation with
the commissioner of public safety, shall select a special agent in charge of the unit.
new text end

new text begin Subd. 3. new text end

new text begin Additional duty. new text end

new text begin The unit may also investigate conflict of interest cases
involving peace officers and other public officials accused of crimes, including but not
limited to sexual assault.
new text end

new text begin Subd. 4. new text end

new text begin Staff; support. new text end

new text begin The unit will employ peace officers and staff to conduct
investigations and the superintendent shall develop and implement policies and procedures
to ensure no conflict of interest exists with agents assigned to investigate a particular incident.
The superintendent may permit bureau resources not directly assigned to this unit to be used
to assist the unit in fulfilling the duties assigned in this section.
new text end

new text begin Subd. 5. new text end

new text begin Conflicts. new text end

new text begin When a peace officer employed by the Bureau of Criminal
Apprehension is the subject of an officer-involved death investigation, the investigation
shall be conducted by an investigatory agency selected by the attorney general.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The superintendent must make all case files publicly available on
the bureau's website within 30 days of the end of the last criminal appeal of a subject of an
investigation, as provided for in chapter 13. By February 1 of each year, the superintendent
shall report to the commissioner, the governor, and the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety finance and policy the
following information about the unit: the number of investigations initiated; the number of
incidents investigated; the outcomes or current status of each investigation; the charging
decisions made by the prosecuting authority of incidents investigated by the unit; the number
of plea agreements reached in incidents investigated by the unit; and any other information
relevant to the unit's mission.
new text end

Sec. 2. new text begin APPROPRIATION FOR INDEPENDENT USE OF FORCE
INVESTIGATIONS UNIT IN BCA.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
public safety to establish and operate the independent Use of Force Investigations Unit in
the Bureau of Criminal Apprehension. $....... is added to the agency's base for this purpose.
new text end