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HF 1294

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:18pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/15/2019

Current Version - as introduced

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A bill for an act
relating to public safety; establishing a critical incident review process for peace
officer involved shootings; amending Minnesota Statutes 2018, section 626.553,
subdivision 2, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2018, section 626.553, subdivision 2, is amended to read:


Subd. 2.

Discharge firearm; kill animal.

Whenever a peace officer discharges a firearm
in the course of duty, other than for training purposes or the killing of an animal that is sick,
injured, or dangerous, notification shall be filed within 30 days of the incident by the officer's
department head with the commissioner of public safety. The commissioner of public safety
shall forward a copy of the filing to the board deleted text beginof Peace Officer Standards and Trainingdeleted text end. The
notification shall contain information concerning the reason for and circumstances
surrounding discharge of the firearm. The commissioner of public safety shall file a report
with the legislature by November 15 of each even-numbered year containing summary
information concerning use of firearms by peace officers.

Sec. 2.

Minnesota Statutes 2018, section 626.553, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Critical incident review. new text end

new text begin (a) After all related criminal investigations are
concluded, the director must appoint a critical incident review team to investigate:
new text end

new text begin (1) each peace officer firearm discharge report submitted under subdivision 2 where a
person suffered bodily harm from the firearm discharge; and
new text end

new text begin (2) each incident where a person died during contact with a peace officer.
new text end

new text begin (b) Each critical incident review team must include at least three members. One member
must be a peace officer or former peace officer. Another member must be a resident of the
community where the incident occurred. If the person injured in the incident is a person of
color, at least one member must be of the same race as the injured person. The director may
appoint more than three members to a team at the director's discretion. A member may not
be a current or former employee of the agency that is the subject of the team's review.
new text end

new text begin (c) The critical incident review team is charged with identifying and analyzing the causes
of the incident. Following the analysis, the team must prepare a report that either:
new text end

new text begin (1) recommends implementation of a corrective action plan by the agency under review;
or
new text end

new text begin (2) explains why corrective actions are not required.
new text end

new text begin If the team cannot agree on the causes of the incident or the need for corrective action, each
member may file a separate or dissenting report. If the team's review warrants, the team
shall make recommendations to the director for changes in statewide training of peace
officers. The team's report must be filed with the director within 60 days of the director
appointing the team.
new text end

new text begin (d) The agency that employs the officer involved in the incident shall pay the costs of
the critical incident review team's investigation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 626.553, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Board" means the Board of Peace Officer Standards and Training.
new text end

new text begin (c) "Director" means the executive director of the board.
new text end