HF 1219

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; amending the government 
  1.3             tort liability law by creating a presumption that a 
  1.4             peace officer is acting within the scope of employment 
  1.5             during the period of employment; amending Minnesota 
  1.6             Statutes 1996, section 466.07, by adding a subdivision.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 466.07, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [PEACE OFFICERS.] A municipality shall defend, 
  1.11  save harmless, and indemnify a peace officer against attorneys' 
  1.12  fees, costs, and expenses actually and reasonably incurred in 
  1.13  connection with a tort, civil, or equitable claim or demand 
  1.14  arising out of an alleged act or omission that occurs while the 
  1.15  peace officer is acting within the scope of employment during 
  1.16  the period of employment.  The peace officer is presumed to have 
  1.17  been acting within the scope of employment unless the trier of 
  1.18  fact determines otherwise, by clear and convincing evidence, 
  1.19  based on the circumstances of the case.  This subdivision 
  1.20  applies if the peace officer provides complete disclosure and 
  1.21  cooperation in the defense of the claim or demand. 
  1.22     Sec. 2.  [EFFECTIVE DATE.] 
  1.23     Section 1 is effective July 1, 1997.