HF 2533

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/16/2021 08:57am

A bill for an act
relating to public safety; assigning prosecutorial authority for peace-officer-involved
deaths to the attorney general; appropriating money; amending Minnesota Statutes
2020, sections 8.01; 388.051, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 8.

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

Section 1.

Minnesota Statutes 2020, section 8.01, is amended to read:

8.01 APPEARANCE.

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 provided for in section 8.37, 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.

Sec. 2.

new text begin [8.37] PEACE-OFFICER-INVOLVED DEATHS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

new text begin (d) "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 Prosecution of officer-involved deaths. new text end

new text begin (a) The attorney general has charge
of the prosecution of peace officers alleged to have caused an officer-involved death.
new text end

new text begin (b) When requested by the attorney general, a county attorney may appear for the state
in any case instituted under this section and assist in the preparation and trial.
new text end

new text begin Subd. 3. new text end

new text begin Local assistance. new text end

new text begin Each law enforcement agency with jurisdiction over the area
where an officer-involved death occurred must cooperate with the attorney general to the
same extent as if the county attorney had charge of the prosecution.
new text end

Sec. 3.

Minnesota Statutes 2020, section 388.051, subdivision 1, is amended to read:

Subdivision 1.

General provisions.

The county attorney shall:

(1) appear in all cases in which the county is a party;

(2) give opinions and advice, upon the request of the county board or any county officer,
upon all matters in which the county is or may be interested, or in relation to the official
duties of the board or officer;

(3) new text begin except as provided in section 8.37, new text end prosecute felonies, including the drawing of
indictments found by the grand jury, and, to the extent prescribed by law, gross
misdemeanors, misdemeanors, petty misdemeanors, and violations of municipal ordinances,
charter provisions and rules or regulations;

(4) attend before the grand jury, give them legal advice, and examine witnesses in their
presence;

(5) request the court administrator to issue subpoenas to bring witnesses before the grand
jury or any judge or judicial officer before whom the county attorney is conducting a criminal
hearing;

(6) attend any inquest at the request of the coroner; and

(7) appear, when requested by the attorney general, for the state in any case instituted
by the attorney general in the county attorney's county or before the United States Land
Office in case of application to preempt or locate any public lands claimed by the state and
assist in the preparation and trial.

Sec. 4. new text begin ATTORNEY GENERAL; APPROPRIATION.
new text end

new text begin $1,636,000 in fiscal year 2022 is appropriated from the general fund to the attorney
general for conducting criminal prosecutions, including prosecution of peace-officer-involved
death cases pursuant to Minnesota Statutes, section 8.37. This amount is added to the agency's
base.
new text end