HF 1257

as introduced - 94th Legislature (2025 - 2026) Posted on 03/13/2025 03:51pm

A bill for an act
relating to public safety; eliminating the Public Safety Advisory Council; amending
Minnesota Statutes 2024, section 626.8457, subdivision 3; repealing Minnesota
Statutes 2024, section 626.8435.

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

Section 1.

Minnesota Statutes 2024, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training; new text begin and
new text end

deleted text begin (2) assist the Public Safety Advisory Council in accomplishing the council's duties; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end allow for the board deleted text begin , the Public Safety Advisory Council, deleted text end and the board's complaint
investigation committee to identify patterns of behavior that suggest an officer is in crisis
or is likely to violate a board-mandated model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 626.8435, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-03493

626.8435 PUBLIC SAFETY ADVISORY COUNCIL.

Subdivision 1.

Establishment and membership.

The Public Safety Advisory Council is established under the Peace Officer Standards and Training Board. The council consists of the following 15 members:

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

(2) the executive director of the Peace Officer Standards and Training Board, or a designee;

(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

(6) six community members, of which:

(i) four members shall represent the community-specific boards established under sections 15.0145 and 3.922, reflecting one appointment made by each board;

(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness; and

(iii) one member shall be an advocate for victims and shall be appointed by Violence Free Minnesota; and

(7) four members appointed by the legislature, of which one shall be appointed by the speaker of the house, one by the house minority leader, one by the senate majority leader, and one by the senate minority leader.

The appointing authorities shall make their appointments by September 15, 2020, and shall ensure geographical balance when making appointments.

Subd. 2.

Purpose and duties.

(a) The purpose of the council is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights. The council shall provide for citizen involvement in policing policies, regulations, and supervision. The council shall advance policies and reforms that promote positive interactions between peace officers and the community.

(b) The board chair must place the council's recommendations to the board on the board's agenda within four months of receiving a recommendation from the council.

Subd. 3.

Organization.

The council shall be organized and administered under section 15.059, except that the council does not expire. Council members serve at the pleasure of the appointing authority. The council shall select a chairperson from among the members by majority vote at its first meeting. The executive director of the board shall serve as the council's executive secretary.

Subd. 4.

Meetings.

The council must meet at least quarterly. Meetings of the council are governed by chapter 13D. The executive director of the Peace Officer Standards and Training Board shall convene the council's first meeting, which must occur by October 15, 2020.

Subd. 5.

Office support.

The executive director of the Peace Officer Standards and Training Board shall provide the council with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties imposed.

Subd. 6.

Reports.

The council shall submit a report by February 15 of each year to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and the board. At a minimum, the report shall include:

(1) all recommendations presented to the board and how the board acted on those recommendations;

(2) recommendations for statutory reform or legislative initiatives intended to promote police-community relations; and

(3) updates on the council's review and determinations.