HF 2216

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:48pm

A bill for an act
relating to public safety; requiring reporting and policies for sexual assaults;
amending the definition of physically helpless in the sexual assault crimes; allowing
sexual assault crimes to be reported to any law enforcement agency; amending
Minnesota Statutes 2018, section 609.341, subdivision 9; proposing coding for
new law in Minnesota Statutes, chapters 299A; 609; 626.

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

Section 1.

new text begin [299A.90] SEXUAL ASSAULTS; ANNUAL REPORT.
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, "sexual assault" means any violation
of sections 609.342 to 609.3453; and "summary data" has the meaning given in section
13.02, subdivision 19.
new text end

new text begin Subd. 2. new text end

new text begin Reporting required. new text end

new text begin (a) Each state and local law enforcement agency must
report information on sexual assaults occurring within the agency's jurisdiction to the
commissioner of public safety in the manner and with the frequency specified by the
commissioner. The commissioner must annually report, at a minimum, the following
information on sexual assaults occurring in the previous calendar year:
new text end

new text begin (1) the number of cases that were reported to a law enforcement agency;
new text end

new text begin (2) the number of cases that were assigned by a law enforcement agency to an
investigator;
new text end

new text begin (3) the number of cases that were assigned by a law enforcement agency to and
investigated by an investigator who within the preceding three years had completed training
on trauma-informed, victim-centered techniques;
new text end

new text begin (4) the number of cases referred by a law enforcement agency to a prosecutor;
new text end

new text begin (5) the number of cases charged by a prosecutor;
new text end

new text begin (6) the number of cases dismissed or not pursued by a prosecutor; and
new text end

new text begin (7) the number of cases that resulted in a conviction.
new text end

new text begin (b) The commissioner must report the information required under this section both in
the aggregate and separated out by individual law enforcement agency.
new text end

new text begin (c) Reports and data required under this section must be prepared and published as
summary data.
new text end

new text begin (d) The commissioner must publish the reports required in this section on the department's
website and submit them to the chairs and ranking minority members of the house of
representatives and senate committees and divisions having jurisdiction over criminal justice
policy and finance.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.341, subdivision 9, is amended to read:

Subd. 9.

Physically helpless.

"Physically helpless" means that a person is deleted text begin (a) deleted text end new text begin : (1) new text end asleep
or not conscious deleted text begin , (b) deleted text end new text begin ; (2) new text end unable to withhold consent or to withdraw consent because of a
physical condition deleted text begin , or (c) deleted text end new text begin ; (3) new text end unable to communicate nonconsent and the condition is known
or reasonably should have been known to the actor new text begin ; or (4) unable to withhold consent or to
withdraw consent because of impairment by alcohol, a controlled substance, or an intoxicating
substance, as defined in section 169A.03, subdivision 11a, and the impairment is known or
reasonably should have been known to the actor new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [609.3459] LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
new text end

new text begin (a) A victim of, or person who has learned or reasonably suspects that another person
is a victim of, any violation of sections 609.342 to 609.3453 may initiate a law enforcement
investigation by contacting any law enforcement agency, regardless of where the crime may
have occurred. The agency must prepare a summary of the allegation and provide the person
with a copy of it. The agency must begin an investigation of the facts, or, if the suspected
crime was committed in a different jurisdiction, refer the matter along with the summary
to the law enforcement agency where the suspected crime was committed for an investigation
of the facts.
new text end

new text begin (b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299A.90 or 299C.06, but must confirm
that the other law enforcement agency has received the referral.
new text end

Sec. 4.

new text begin [626.8442] POLICIES ON SEXUAL ASSAULTS.
new text end

new text begin (a) The chief law enforcement officer of every state and local law enforcement agency
must establish and enforce a written policy addressing how the agency will respond to and
investigate reports of sexual assault. The policy must substantially incorporate the main
items from the board's model policy on responding to reports of sexual assault, but also
may expand on the board's policy. As an alternative, the policy may be identical to the
board's policy.
new text end

new text begin (b) Each chief law enforcement officer must certify to the board that the policy described
in paragraph (a) is in place and being enforced and forward a copy of the policy to the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Chief
law enforcement officers must comply with this section's requirements by October 1, 2019.
new text end