HF 2535

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

  1.1                          A bill for an act
  1.2             relating to law enforcement; clarifying responsibility 
  1.3             for compensating innocent third parties whose property 
  1.4             is damaged by law enforcement officers for a public 
  1.5             use; establishing state processes for paying just 
  1.6             compensation to innocent third parties and for 
  1.7             reimbursing local governments; appropriating money; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 626. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [626.74] [COMPENSATION FOR DAMAGE CAUSED BY 
  1.12  PEACE OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 
  1.13     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.14     (1) "just compensation" means the compensation owed to an 
  1.15  innocent third party under the state constitution by a 
  1.16  government unit due to property damage caused by a peace officer 
  1.17  in the course of executing a search warrant or apprehending a 
  1.18  criminal suspect; and 
  1.19     (2) "peace officer" has the meaning given in section 626.84.
  1.20     Subd. 2.  [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 
  1.21  WARRANT.] If just compensation is owed for damage caused in the 
  1.22  execution of a search warrant or the apprehension of a criminal 
  1.23  suspect, the government unit employing the peace officer who 
  1.24  sought issuance of the warrant or initiated the apprehension is 
  1.25  responsible for paying the compensation.  If the search warrant 
  1.26  is executed or the apprehension is accomplished by a peace 
  1.27  officer from another jurisdiction in aid of the officer 
  2.1   originating the warrant or initiating the apprehension, the 
  2.2   responsibility for paying just compensation remains with the 
  2.3   government unit employing the officer who originated the warrant 
  2.4   or initiated the apprehension. 
  2.5      Subd. 3.  [STATE PROCESSES FOR PAYING JUST 
  2.6   COMPENSATION.] (a) The commissioner of public safety shall 
  2.7   establish and administer a law enforcement just compensation 
  2.8   fund.  The commissioner shall establish an application process 
  2.9   to award grants from the fund for the following purposes and in 
  2.10  the following order of priority: 
  2.11     (1) to pay just compensation to innocent third parties who 
  2.12  have sought but have not received just compensation from the 
  2.13  responsible local government unit; and 
  2.14     (2) to reimburse local governments that have paid just 
  2.15  compensation to innocent third parties.  The commissioner may 
  2.16  award grants from the fund only within the limits of available 
  2.17  appropriations. 
  2.18     (b) Any application for a grant that is not approved by the 
  2.19  commissioner may be presented to, heard, and determined by the 
  2.20  appropriate committees of the senate and the house and, if 
  2.21  approved, shall be paid under the legislative claims procedure. 
  2.22     (c) The creation of the fund in paragraph (a) and the 
  2.23  claims process in paragraph (b) do not eliminate or modify the 
  2.24  legal liability local governments have under the state 
  2.25  constitution to pay just compensation, nor do they create a 
  2.26  right of action against the state for the payment of just 
  2.27  compensation owed by local government units. 
  2.28     Sec. 2.  [APPROPRIATION.] 
  2.29     $....... is appropriated from the general fund to the 
  2.30  commissioner of public safety for the fiscal year ending June 
  2.31  30, 1998, to be used to make grants from the law enforcement 
  2.32  just compensation fund created in section 1.  This money is 
  2.33  available until expended.