HF 824

as introduced - 90th Legislature (2017 - 2018) Posted on 02/13/2017 01:23pm

A bill for an act
relating to public safety; requiring outside agencies to investigate peace
officer-involved incidents that result in great bodily harm or death; amending
Minnesota Statutes 2016, section 8.01; proposing coding for new law in Minnesota
Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2016, section 8.01, is amended to read:

8.01 APPEARANCE.

new text begin (a) new text end The attorney general shall appear for the state in all causes in the supreme and federal
courts wherein the state is directly interested; also in all civil causes of like nature in all
other courts of the state whenever, in the attorney general's opinion, the interests of the state
require it. new text begin Except as otherwise provided in paragraph (b), new text end upon request of the county attorney,
the attorney general shall appear in court in such criminal cases as the attorney general
deems proper. Upon request of a county attorney, the attorney general may assume the
duties of the county attorney in sexual psychopathic personality and sexually dangerous
person commitment proceedings under chapter 253D. Whenever the governor shall so
request, in writing, the attorney general shall prosecute any person charged with an indictable
offense, and in all such cases may attend upon the grand jury and exercise the powers of a
county attorney.

new text begin (b) The attorney general shall prosecute all cases, including appearances before the grand
jury, required to be investigated by outside law enforcement agencies under section 626.892.
new text end

Sec. 2.

new text begin [626.892] PEACE OFFICER-INVOLVED INCIDENTS; OUTSIDE
INVESTIGATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "deadly force" has the meaning given in section 609.066, subdivision 1;
new text end

new text begin (2) "great bodily harm" means bodily injury that creates a high probability of death,
causes serious permanent disfigurement, or causes a permanent or protracted loss or
impairment of the function of any bodily member or organ;
new text end

new text begin (3) "law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f);
new text end

new text begin (4) "officer-involved incident" means the use of deadly force by a peace officer while
the officer is on duty or off duty but performing activities that are within the scope of the
officer's law enforcement duties that results in great bodily harm or death of another; and
new text end

new text begin (5) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin Subd. 2. new text end

new text begin Officer-involved incident investigations. new text end

new text begin (a) The chief law enforcement officer
of a law enforcement agency shall ensure that when a peace officer employed by the agency
is involved in an officer-involved incident, an investigation into the incident occurs and is
conducted by a law enforcement agency other than the agency that employs the officer.
new text end

new text begin (b) If the officer-involved incident involves a peace officer employed by a law
enforcement agency in a city of the first class, the required investigation must be conducted
by the Bureau of Criminal Apprehension.
new text end

new text begin (c) If the officer-involved incident involves a peace officer using a firearm to shoot an
unarmed person, the agency must request that the United States Department of Justice's
Bureau of Investigation conduct the investigation.
new text end

new text begin (d) The agency conducting an investigation under this subdivision must expeditiously
provide a complete report to the attorney general.
new text end

new text begin Subd. 3. new text end

new text begin Release of report. new text end

new text begin If the attorney general determines there is no basis to
prosecute the peace officer involved in the officer-involved incident, the attorney general
shall inform the law enforcement agency that conducted the investigation of this
determination and the agency shall release the report to the public.
new text end