HF 381

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; allowing conviction and 
  1.3             sentencing for other crimes committed while fleeing a 
  1.4             peace officer; authorizing consecutive sentences; 
  1.5             classifying the crime of fleeing a peace officer as a 
  1.6             crime against the person; requiring the peace officer 
  1.7             standards and training board to adopt a new or revised 
  1.8             model policy governing police pursuits of fleeing 
  1.9             suspects; requiring municipal and state law 
  1.10            enforcement agencies to adopt new or revised agency 
  1.11            policies on police pursuits in compliance with the 
  1.12            state model policy; requiring pre-service and 
  1.13            in-service peace officer training in conducting police 
  1.14            pursuits and other emergency vehicle operations; 
  1.15            requiring the commissioner of public safety to 
  1.16            administer a tire deflator distribution program and a 
  1.17            driving simulator distribution program; appropriating 
  1.18            money for police pursuit training, tire deflators, and 
  1.19            four computer-controlled driving simulators; 
  1.20            appropriating money; amending Minnesota Statutes 1998, 
  1.21            sections 609.035, subdivisions 1, 2, and by adding a 
  1.22            subdivision; 626.5532; and 626.845, subdivision 1; 
  1.23            proposing coding for new law in Minnesota Statutes, 
  1.24            chapter 626. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1998, section 609.035, 
  1.27  subdivision 1, is amended to read: 
  1.28     Subdivision 1.  Except as provided in subdivisions 2, 3, 
  1.29  and 4, and 5, and in sections 609.251, 609.585, 609.21, 
  1.30  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
  1.31  if a person's conduct constitutes more than one offense under 
  1.32  the laws of this state, the person may be punished for only one 
  1.33  of the offenses and a conviction or acquittal of any one of them 
  1.34  is a bar to prosecution for any other of them.  All the 
  1.35  offenses, if prosecuted, shall be included in one prosecution 
  2.1   which shall be stated in separate counts. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 609.035, 
  2.3   subdivision 2, is amended to read: 
  2.4      Subd. 2.  (a) When a person is being sentenced for a 
  2.5   violation of a provision listed in paragraph (f), the court may 
  2.6   sentence the person to a consecutive term of imprisonment for a 
  2.7   violation of any other provision listed in paragraph (f), 
  2.8   notwithstanding the fact that the offenses arose out of the same 
  2.9   course of conduct, subject to the limitation on consecutive 
  2.10  sentences contained in section 609.15, subdivision 2, and except 
  2.11  as provided in paragraphs (b), (c), and (d) of this subdivision. 
  2.12     (b) When a person is being sentenced for a violation of 
  2.13  section 169.129 the court may not impose a consecutive sentence 
  2.14  for a violation of a provision of section 169.121, subdivision 
  2.15  1, or for a violation of a provision of section 171.20, 171.24, 
  2.16  or 171.30. 
  2.17     (c) When a person is being sentenced for a violation of 
  2.18  section 171.20, 171.24, or 171.30, the court may not impose a 
  2.19  consecutive sentence for another violation of a provision in 
  2.20  chapter 171. 
  2.21     (d) When a person is being sentenced for a violation of 
  2.22  section 169.791 or 169.797, the court may not impose a 
  2.23  consecutive sentence for another violation of a provision of 
  2.24  sections 169.79 to 169.7995. 
  2.25     (e) This subdivision does not limit the authority of the 
  2.26  court to impose consecutive sentences for crimes arising on 
  2.27  different dates or to impose a consecutive sentence when a 
  2.28  person is being sentenced for a crime and is also in violation 
  2.29  of the conditions of a stayed or otherwise deferred sentence 
  2.30  under section 609.135. 
  2.31     (f) This subdivision applies to misdemeanor and gross 
  2.32  misdemeanor violations of the following if the offender has two 
  2.33  or more prior impaired driving convictions as defined in section 
  2.34  169.121, subdivision 3: 
  2.35     (1) section 169.121, subdivision 1, driving while 
  2.36  intoxicated; 
  3.1      (2) section 169.121, subdivision 1a, testing refusal; 
  3.2      (3) section 169.129, aggravated driving while intoxicated; 
  3.3      (4) section 169.791, failure to provide proof of insurance; 
  3.4      (5) section 169.797, failure to provide vehicle insurance; 
  3.5      (6) section 171.20, subdivision 2, operation after 
  3.6   revocation, suspension, cancellation, or disqualification; 
  3.7      (7) section 171.24, driving without valid license; and 
  3.8      (8) section 171.30, violation of condition of limited 
  3.9   license; and 
  3.10     (9) section 609.487, fleeing a peace officer. 
  3.11     Sec. 3.  Minnesota Statutes 1998, section 609.035, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 5.  [EXCEPTION; FLEEING A PEACE OFFICER.] 
  3.14  Notwithstanding subdivision 1, a prosecution or conviction for 
  3.15  violating section 609.487 is not a bar to conviction of or 
  3.16  punishment for any other crime committed by the defendant as 
  3.17  part of the same conduct.  If an offender is punished for more 
  3.18  than one crime as authorized by this subdivision and the court 
  3.19  imposes consecutive sentences for the crimes, the consecutive 
  3.20  sentences are not a departure from the sentencing guidelines. 
  3.21     Sec. 4.  Minnesota Statutes 1998, section 626.5532, is 
  3.22  amended to read: 
  3.23     626.5532 [PURSUIT OF FLEEING SUSPECTS BY PEACE OFFICERS; 
  3.24  REPORTS.] 
  3.25     Subdivision 1.  [REPORTS.] If a peace officer pursues a 
  3.26  fleeing suspect, the officer's department head must file a 
  3.27  notice of the incident with the commissioner of public safety 
  3.28  within 30 days following the pursuit.  A pursuit must be 
  3.29  reported under this section if it is a pursuit by a peace 
  3.30  officer of a motor vehicle being operated in violation of 
  3.31  section 609.487.  The notice must contain information concerning 
  3.32  the reason for and circumstances surrounding the pursuit, 
  3.33  including the alleged offense, the length of the pursuit in 
  3.34  distance and time, the outcome of the pursuit, any charges filed 
  3.35  against the suspect as a result of the pursuit, injuries and 
  3.36  property damage resulting from the pursuit, and other 
  4.1   information deemed relevant by the commissioner.  
  4.2      Subd. 2.  [LOCAL GOVERNMENTS TO ADOPT PROCEDURES AND 
  4.3   TRAINING REQUIREMENTS.] Each political subdivision and state law 
  4.4   enforcement agency that employs persons licensed by the peace 
  4.5   officer standards and training board under section 626.845 must 
  4.6   establish written procedures to govern the conduct of peace 
  4.7   officers who are in pursuit of a vehicle being operated in 
  4.8   violation of section 609.487, and requirements for the training 
  4.9   of peace officers in conducting pursuits.  The procedures must 
  4.10  state how peace officers will provide assistance to a person 
  4.11  injured during the course of a pursuit.  A political subdivision 
  4.12  or agency that does not establish procedures and requirements by 
  4.13  October 1, 1989, is subject to licensing sanctions of the peace 
  4.14  officer standards and training board. 
  4.15     Sec. 5.  Minnesota Statutes 1998, section 626.845, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
  4.18  the following powers and duties: 
  4.19     (a) To certify peace officers' training schools or programs 
  4.20  administered by state, county and municipalities located within 
  4.21  this state in whole or in part no later than 90 days after 
  4.22  receipt of an application for certification.  The reasons for 
  4.23  noncertification of any school or program or part thereof shall 
  4.24  be transmitted to the school within 90 days and shall contain a 
  4.25  detailed explanation of the reasons for which the school or 
  4.26  program was disapproved and an explanation of what supporting 
  4.27  material or other requirements are necessary for the board to 
  4.28  reconsider.  Disapproval of a school or program shall not 
  4.29  preclude the reapplication for certification of the school or 
  4.30  program; 
  4.31     (b) To issue certificates to schools, and to revoke such 
  4.32  certification when necessary to maintain the objectives and 
  4.33  purposes of sections 626.841 to 626.863; 
  4.34     (c) To certify, as qualified, instructors at peace officer 
  4.35  training schools, and to issue appropriate certificates to such 
  4.36  instructors; 
  5.1      (d) To license peace officers who have satisfactorily 
  5.2   completed certified basic training programs, and passed 
  5.3   examinations as required by the board; 
  5.4      (e) To cause studies and surveys to be made relating to the 
  5.5   establishment, operation, and approval of state, county, and 
  5.6   municipal peace officer training schools; 
  5.7      (f) To consult and cooperate with state, county, and 
  5.8   municipal peace officer training schools for the development of 
  5.9   in-service training programs for peace officers; 
  5.10     (g) To consult and cooperate with universities, colleges, 
  5.11  and technical colleges for the development of specialized 
  5.12  courses of instruction and study in the state for peace officers 
  5.13  and part-time peace officers in police science and police 
  5.14  administration; 
  5.15     (h) To consult and cooperate with other departments and 
  5.16  agencies of the state and federal government concerned with 
  5.17  peace officer standards and training; 
  5.18     (i) To perform such other acts as may be necessary and 
  5.19  appropriate to carry out the powers and duties as set forth in 
  5.20  the provisions of sections 626.841 to 626.863; 
  5.21     (j) To coordinate the provision, on a regional basis, of 
  5.22  skills oriented basic training courses to graduates of certified 
  5.23  law enforcement training schools or programs; 
  5.24     (k) To obtain criminal conviction data for persons seeking 
  5.25  a license to be issued or possessing a license issued by the 
  5.26  board.  The board shall have authority to obtain criminal 
  5.27  conviction data to the full extent that any other law 
  5.28  enforcement agency, as that term is defined by state or federal 
  5.29  law, has to obtain the data; 
  5.30     (l) To prepare and transmit annually to the governor a 
  5.31  report of its activities with respect to allocation of moneys 
  5.32  appropriated to it for peace officers training, including the 
  5.33  name and address of each recipient of money for that purpose, 
  5.34  the amount awarded, and the purpose of the award; and 
  5.35     (m) To assist and cooperate with any political subdivision 
  5.36  or state law enforcement agency which employs persons licensed 
  6.1   by the board to establish written procedures for the 
  6.2   investigation and resolution of allegations of misconduct of 
  6.3   persons licensed by the board, and to enforce licensing 
  6.4   sanctions for failure to implement such procedures; and 
  6.5      (n) To assist and cooperate with political subdivisions and 
  6.6   state law enforcement agencies that employ persons licensed by 
  6.7   the board in establishing written procedures to govern the 
  6.8   conduct of peace officers who are in pursuit of a vehicle in 
  6.9   violation of section 609.487, and requirements for the training 
  6.10  of peace officers in conducting pursuits.  The board may impose 
  6.11  licensing sanctions for failure to establish pursuit procedures 
  6.12  and training requirements by October 1, 1989.  
  6.13     In addition, the board may maintain data received from law 
  6.14  enforcement agencies under section 626.87, subdivision 5, 
  6.15  provide the data to requesting law enforcement agencies who are 
  6.16  conducting background investigations, and maintain data on 
  6.17  applicants and licensees as part of peace officer license data.  
  6.18  The data that may be maintained include the name of the law 
  6.19  enforcement agency conducting the investigation and data on the 
  6.20  candidate provided under section 626.87, subdivision 5, clauses 
  6.21  (1) and (2). 
  6.22     Sec. 6.  [626.8458] [VEHICLE PURSUITS; POLICIES AND 
  6.23  INSTRUCTION REQUIRED.] 
  6.24     Subdivision 1.  [PURPOSE.] The legislature finds that 
  6.25  emergency vehicle operations are an integral part of law 
  6.26  enforcement's commitment to public safety.  Law enforcement 
  6.27  agencies shall make reasonable efforts to guide their officers 
  6.28  in the safe and responsible performance of their emergency 
  6.29  response duties.  Although laws and rules provide the foundation 
  6.30  for the conduct of law enforcement officers, continuous and 
  6.31  effective training is essential to ensure proper law enforcement 
  6.32  action during emergency vehicle operations, including police 
  6.33  pursuits.  This training must be designed to give officers both 
  6.34  skills and decision-making ability so that emergency vehicle 
  6.35  operations can be resolved safely and successfully. 
  6.36     Subd. 2.  [STATEWIDE MODEL POLICY.] (a) By July 1, 1999, 
  7.1   the board shall adopt a new or revised model policy governing 
  7.2   the conduct of peace officers who are in pursuit of a vehicle 
  7.3   being operated in violation of section 609.487.  In order to 
  7.4   assist peace officers in responding to the complex and 
  7.5   unpredictable factors associated with police pursuits, the model 
  7.6   policy shall, at a minimum, contain the following components: 
  7.7      (1) a statement describing the philosophy of the model 
  7.8   policy.  This philosophy must state that the safety of all 
  7.9   persons involved in or by a police pursuit is of primary 
  7.10  importance.  It also must balance the risks of the pursuit to 
  7.11  the public and peace officers with the consequences of failing 
  7.12  to pursue; 
  7.13     (2) the factors to be considered in initiating and 
  7.14  terminating a pursuit, and the standards for evaluating the need 
  7.15  to initiate or terminate a pursuit; 
  7.16     (3) the procedures, tactics, and technologies used during 
  7.17  pursuits; 
  7.18     (4) the various responsibilities of the pursuing officers, 
  7.19  the officer supervising the pursuit, the dispatcher, and air 
  7.20  support; 
  7.21     (5) the procedures governing interjurisdictional pursuits; 
  7.22     (6) the procedures governing care of any persons injured in 
  7.23  the course of the pursuit; 
  7.24     (7) the contents of pursuit reports filed under section 
  7.25  626.5532; and 
  7.26     (8) the procedures used to evaluate each pursuit. 
  7.27     (b) The board shall review and, as necessary, revise the 
  7.28  model pursuit policy in collaboration with the Minnesota chiefs 
  7.29  of police association, the Minnesota sheriffs association, the 
  7.30  Minnesota police and peace officers association, and other 
  7.31  interested law enforcement industry groups. 
  7.32     Subd. 3.  [AGENCY POLICIES REQUIRED.] (a) The chief law 
  7.33  enforcement officer of every state and local law enforcement 
  7.34  agency must establish and enforce a written policy governing the 
  7.35  conduct of peace officers employed by the agency who are in 
  7.36  pursuit of a vehicle being operated in violation of section 
  8.1   609.487.  The policy must, at a minimum, comply with the 
  8.2   requirements of any new or revised model pursuit policy adopted 
  8.3   by the board under subdivision 2 and must take into account any 
  8.4   pursuit vehicle technology that is available to the agency. 
  8.5      (b) Every state and local law enforcement agency must 
  8.6   certify annually to the board that it has adopted a written 
  8.7   policy in compliance with the board's model pursuit policy. 
  8.8      (c) The board shall assist the chief law enforcement 
  8.9   officer of each state and local law enforcement agency in 
  8.10  developing and implementing pursuit policies under this 
  8.11  subdivision. 
  8.12     Subd. 4.  [PRESERVICE TRAINING IN POLICE PURSUITS 
  8.13  REQUIRED.] (a) The board shall prepare learning objectives for 
  8.14  instructing peace officers in emergency vehicle operations and 
  8.15  in the conduct of police pursuits.  The course shall consist of 
  8.16  at least seven hours of classroom and skills-based training. 
  8.17     (b) An individual is not eligible to take the peace officer 
  8.18  licensing examination on or after July 1, 2000, unless the 
  8.19  individual has received the training described in paragraph (a). 
  8.20     Subd. 5.  [IN-SERVICE TRAINING IN POLICE PURSUITS 
  8.21  REQUIRED.] The chief law enforcement officer of every state and 
  8.22  local law enforcement agency shall provide in-service training 
  8.23  in emergency vehicle operations and in the conduct of police 
  8.24  pursuits to every peace officer and part-time peace officer 
  8.25  employed by the agency.  The training shall comply with learning 
  8.26  objectives developed and approved by the board and shall consist 
  8.27  of at least eight hours of classroom and skills-based training 
  8.28  every two years. 
  8.29     Subd. 6.  [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 
  8.30  board may impose licensing sanctions and seek injunctive relief 
  8.31  under section 214.11 for failure to comply with the requirements 
  8.32  of this section. 
  8.33     Sec. 7.  [TIRE DEFLATOR DISTRIBUTION PROGRAM.] 
  8.34     Subdivision 1.  [DISTRIBUTION PROGRAM.] (a) The 
  8.35  commissioner of public safety shall administer a program to 
  8.36  distribute tire deflators to local or state law enforcement 
  9.1   agencies selected by the commissioner of public safety.  The 
  9.2   number of tire deflators distributed to each local or state law 
  9.3   enforcement agency may not exceed the number of marked squad 
  9.4   cars used by the agency. 
  9.5      (b) Before any decisions are made on which law enforcement 
  9.6   agencies will receive tire deflators, a committee consisting of 
  9.7   a representative from the Minnesota chiefs of police 
  9.8   association, a representative from the Minnesota sheriffs 
  9.9   association, and a representative from the Minnesota police and 
  9.10  peace officers association shall evaluate the applications.  The 
  9.11  commissioner shall consult with the committee concerning its 
  9.12  evaluation and recommendations on distribution proposals prior 
  9.13  to making a final decision on distribution.  
  9.14     Subd. 2.  [REQUIREMENTS.] Law enforcement agencies that 
  9.15  receive tire deflators under this section must: 
  9.16     (1) provide any necessary training to their employees 
  9.17  concerning use of the tire deflators; and 
  9.18     (2) compile statistics on use of the tire deflators and the 
  9.19  results, and report this information to the commissioner as 
  9.20  required. 
  9.21     Subd. 3.  [REPORT.] By January 15, 2001, the commissioner 
  9.22  shall report to the chairs and ranking minority members of the 
  9.23  house and senate committees and divisions having jurisdiction 
  9.24  over criminal justice matters on the tire deflators distributed 
  9.25  under this section.  
  9.26     Sec. 8.  [DRIVING SIMULATOR DISTRIBUTION PROGRAM.] 
  9.27     Subdivision 1.  [DISTRIBUTION PROGRAM.] (a) The 
  9.28  commissioner of public safety shall administer a program to 
  9.29  distribute computer-controlled driving simulators to local or 
  9.30  state law enforcement agencies or POST-certified skills programs 
  9.31  selected by the commissioner of public safety. 
  9.32     (b) Before any decisions are made on which law enforcement 
  9.33  agencies will receive driving simulators, a committee consisting 
  9.34  of a representative from the Minnesota chiefs of police 
  9.35  association, a representative from the Minnesota sheriffs 
  9.36  association, and a representative from the Minnesota police and 
 10.1   peace officers association shall evaluate the applications.  The 
 10.2   commissioner shall consult with the committee concerning its 
 10.3   evaluation and recommendations on distribution proposals prior 
 10.4   to making a final decision on distribution.  
 10.5      Subd. 2.  [REQUIREMENTS.] Law enforcement agencies or 
 10.6   POST-certified skills programs that receive a 
 10.7   computer-controlled driving simulator under this section must: 
 10.8      (1) provide necessary training to their employees in 
 10.9   emergency vehicle operations and in the conduct of police 
 10.10  pursuits; 
 10.11     (2) provide a five-year plan for maintaining the hardware 
 10.12  necessary to operate the driving simulators; 
 10.13     (3) provide a five-year plan to update software necessary 
 10.14  to operate the driving simulators; 
 10.15     (4) provide a plan to make the driving simulators available 
 10.16  at a reasonable cost and with reasonable availability to other 
 10.17  law enforcement agencies to train their officers; and 
 10.18     (5) provide an estimate of the availability of the driving 
 10.19  simulators for use by other law enforcement agencies. 
 10.20     Subd. 3.  [REPORT.] By January 15, 2001, the commissioner 
 10.21  shall report to the chairs and ranking minority members of the 
 10.22  house and senate committees and divisions having jurisdiction 
 10.23  over criminal justice matters on the driving simulators 
 10.24  distributed under this section. 
 10.25     Sec. 9.  [APPROPRIATION; PUBLIC SAFETY.] 
 10.26     $....... is a one-time appropriation from the general fund 
 10.27  to the commissioner of public safety for the fiscal biennium 
 10.28  ending June 30, 2001.  This money shall be used to purchase tire 
 10.29  deflators and distribute them as provided in section 7, and to 
 10.30  purchase four computer-controlled driving simulators and 
 10.31  distribute them as provided in section 8. 
 10.32     Sec. 10.  [APPROPRIATION; LAW ENFORCEMENT TRAINING 
 10.33  REIMBURSEMENT.] 
 10.34     $....... is appropriated from the general fund to the peace 
 10.35  officer standards and training board for the fiscal biennium 
 10.36  ending June 30, 2001.  This appropriation is for reimbursements 
 11.1   to local law enforcement agencies for the cost of providing the 
 11.2   training required under section 6. 
 11.3      Sec. 11.  [EFFECTIVE DATE.] 
 11.4      Sections 1 to 3 are effective August 1, 1999, and apply to 
 11.5   crimes committed on or after that date.  Sections 4 to 10 are 
 11.6   effective July 1, 1999.