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HF 295

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 04:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/25/2021

Current Version - as introduced

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A bill for an act
relating to public safety; requiring the Bureau of Criminal Apprehension to
investigate criminal sexual conduct allegations when a member of the Minnesota
National Guard accuses another member of the Minnesota National Guard of
sexual assault; amending Minnesota Statutes 2020, sections 299C.80, subdivision
3; 609.3459.

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

Section 1.

Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:


Subd. 3.

Additional duty.

new text begin(a) new text endThe unit shall investigate all criminal sexual conduct
casesnew text begin:
new text end

new text begin (1)new text end involving peace officers, including criminal sexual conduct cases involving chief
law enforcement officersnew text begin; and
new text end

new text begin (2) where a member of the Minnesota National Guard is the victim, the accused is a
member of the Minnesota National Guard, and the incident occurred in Minnesota
new text end.

new text begin (b) The unit shall assist the agency investigating an alleged sexual assault of a member
of the Minnesota National Guard by another member of the Minnesota National Guard that
occurred in a jurisdiction outside of the state, if the investigating agency requests assistance
from the unit.
new text end

new text begin (c)new text end The unit may also investigate conflict of interest cases involving peace officers.

Sec. 2.

Minnesota Statutes 2020, section 609.3459, is amended to read:


609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.

(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts.new text begin If the agency learns that both the victim and the accused
are members of the Minnesota National Guard, the agency receiving the report must refer
the matter along with the summary to the Bureau of Criminal Apprehension for investigation
pursuant to section 299C.80.
new text end

(b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299C.06, but must confirm that the other
law enforcement agency has received the referral.