HF 113

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 01:29pm

A bill for an act
relating to public safety; requiring peace officers to report use of force incidents;
proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

new text begin [626.5534] USE OF FORCE REPORTS.
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 to them.
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new text begin (b) "Board" means the Peace Officer Standards and Training Board.
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new text begin (c) "Use of force incident" means any encounter that involved:
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new text begin (1) the application of an electronic incapacitation device or other control device;
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new text begin (2) the application of a restraint device other than handcuffs, shackles, or belly chains;
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new text begin (3) a peace officer striking or kicking the individual subjected to the force;
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new text begin (4) the individual subjected to force losing consciousness or suffering a visible injury;
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new text begin (5) the individual subjected to force complaining of injury or continuing pain; and
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new text begin (6) an application of force that would lead a reasonable peace officer to conclude that
the individual may have experienced more than momentary discomfort.
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new text begin Subd. 2. new text end

new text begin Peace officer reports. new text end

new text begin Whenever a peace officer is involved in a use of force
incident, the officer must report the incident to the officer's department head within five
days on the form prepared by the board under subdivision 5, paragraph (a).
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new text begin Subd. 3. new text end

new text begin Chief law enforcement officer report. new text end

new text begin By February 1 of each year, a chief
law enforcement officer shall provide the board with summary data of use of force incidents
in the preceding 12 months on the form prepared for this purpose by the board under
subdivision 5, paragraph (b).
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new text begin Subd. 4. new text end

new text begin Board reporting. new text end

new text begin The executive director of the board shall file a report with
the legislature by March 15 of each year containing summary information concerning use
of force incidents by peace officers.
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new text begin Subd. 5. new text end

new text begin Forms. new text end

new text begin (a) The executive director of the board shall prepare a form for peace
officers to report use of force incidents. The form must require, at a minimum, that the
officer:
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new text begin (1) provide the officer's name and badge number;
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new text begin (2) identify the person who was subjected to force and any injuries suffered by the
person, if these facts are known to the officer;
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new text begin (3) identify any witnesses, including other peace officers, if their names are known to
the officer;
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new text begin (4) identify and describe the specific types of force that were used; and
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new text begin (5) articulate the specific grounds of why the officer determined that force was reasonable
under the circumstances.
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new text begin (b) The executive director of the board shall prepare a form for chief law enforcement
officers to report use of force incidents to the board. The form shall require the chief law
enforcement officer to provide the following information on each use of force incident:
new text end

new text begin (1) identify the peace officer by name and badge number;
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new text begin (2) identify the type of force used in the incident;
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new text begin (3) whether a complaint was filed against the officer;
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new text begin (4) whether the force was determined to be excessive or unreasonable; and
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new text begin (5) whether the officer was disciplined for the use of force.
new text end