HF 2709

2nd Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:21pm

A bill for an act
relating to public safety; providing process for peace officer and chief law
enforcement officer complaints; providing for a peace officer discipline report;
appropriating money; amending Minnesota Statutes 2018, sections 8.01; 299C.03;
626.843, subdivisions 1, 3; 626.845, subdivision 1; 626.8457, subdivision 3; Laws
2017, chapter 95, article 1, section 11, subdivision 7.

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

Section 1.

Minnesota Statutes 2018, section 8.01, is amended to read:

8.01 APPEARANCE.

new text begin (a) new text end 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 otherwise provided in paragraph (b), 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.

new text begin (b) If a county attorney is not designated to prosecute a chief law enforcement officer,
the attorney general shall prosecute cases involving a chief law enforcement officer, including
appearances before the grand jury, referred to the attorney general by the superintendent of
the Bureau of Criminal Apprehension under section 299C.03, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2018, section 299C.03, is amended to read:

299C.03 SUPERINTENDENT; RULES.

new text begin (a) new text end The superintendent, with the approval of the commissioner of public safety, from
time to time, shall make such rules and adopt such measures as the superintendent deems
necessary, within the provisions and limitations of sections 299C.03 to 299C.08, 299C.10,
299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, to secure the efficient operation of
the bureau. The bureau shall cooperate with the respective sheriffs, police, and other peace
officers of the state in the detection of crime and the apprehension of criminals throughout
the state, and shall have the power to conduct such investigations as the superintendent,
with the approval of the commissioner of public safety, may deem necessary to secure
evidence which may be essential to the apprehension and conviction of alleged violators of
the criminal laws of the state. The various members of the bureau shall have and may
exercise throughout the state the same powers of arrest possessed by a sheriff, but they shall
not be employed to render police service in connection with strikes and other industrial
disputes.

new text begin (b) Notwithstanding paragraph (a), the superintendent shall investigate all civilian
initiated police misconduct complaints filed against a chief law enforcement officer that
are substantiated and referred to the bureau by the POST Board Complaint Investigation
Committee. The superintendent must report the result of each investigation of a complaint
referred to the bureau under this paragraph to the POST Board Complaint Investigation
Committee. The POST Board Complaint Investigation Committee shall refer cases for
prosecution to a county attorney. A county attorney prosecuting a chief law enforcement
officer must be from a county that does not adjoin the county where the agency that employs
the subject of the complaint is located and that has a binding prosecutorial agreement with
the county for which the complaint originated. If a county attorney is not designated to
prosecute the chief law enforcement officer, the superintendent shall refer the case to the
attorney general.
new text end

new text begin (c) After a complaint has been referred to a prosecutor under paragraph (b), all civil
investigations and actions shall be stayed until the criminal investigation and prosecution,
if any, are concluded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2018, section 626.843, subdivision 1, is amended to read:

Subdivision 1.

Rules required.

The board shall adopt rules with respect to:

(1) the certification of postsecondary schools to provide programs of professional peace
officer education;

(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;

(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;

(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;

(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;

(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;

(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;

(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;

(11) citizenship requirements for peace officers and part-time peace officers;

(12) driver's license requirements for peace officers and part-time peace officers; deleted text begin and
deleted text end

(13) new text begin transmitting and storing data under section 626.8457;
new text end

new text begin (14) a minimum set of policies and procedures to bolster and support police-community
relations by 2024 that includes, but is not limited to, guidelines on police-community
outreach; guidelines on promoting the use of least restrictive alternatives to arrest, guidelines
on student resource officers and contracts they form with school districts; best practices as
it relates to the existence and authority of police civilian review boards; standards on the
threshold of what constitutes a complaint that merits investigation; minimum standards for
mandated written procedures outlined in Minnesota Rules, part 6700.2200; guidelines on
how to interact with those experiencing trauma or discomfort as a result of being a victim
or witness to a crime; and guidelines on how to interact with those experiencing trauma or
discomfort as a result of being a close relative, friend, or significant other of someone who
is suspected to have committed a crime;
new text end

new text begin (15) a process for the POST Board to independently evaluate and substantiate every
complaint about a chief law enforcement officer they receive from any source consistent
with the standards written in clause (14). This must be completed by June 1, 2021; and
new text end

new text begin (16) new text end such other matters as may be necessary consistent with sections 626.84 to 626.863.
Rules promulgated by the attorney general with respect to these matters may be continued
in force by resolution of the board if the board finds the rules to be consistent with sections
626.84 to 626.863.

Sec. 4.

Minnesota Statutes 2018, section 626.843, subdivision 3, is amended to read:

Subd. 3.

Board authority.

The board may, in addition:

(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;

(2) visit and inspect any certified school that offers the professional peace officer
education program or for which application for certification has been made;

(3) make recommendations, from time to time, to the executive director, attorney general,
new text begin the legislature, new text end and the governor regarding the carrying out of the objectives and purposes
of sections 626.841 to 626.863 new text begin , including promoting police-community relations as required
under section 626.843, subdivision 1, clause (14) new text end ;

(4) perform such other acts as may be necessary or appropriate to carry out the powers
and duties of the board under sections 626.841 to 626.863; and

(5) cooperate with and receive financial assistance from and join in projects or enter
into contracts with the federal government or its agencies for the furtherance of the purposes
of Laws 1977, chapter 433.

Sec. 5.

Minnesota Statutes 2018, section 626.845, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

The board shall have the following powers and
duties:

(1) to certify postsecondary schools to provide programs of professional peace officer
education based on a set of board-approved professional peace officer education learning
objectives;

(2) to issue certificates to postsecondary schools, and to revoke certification when
necessary to maintain the objectives and purposes of sections 626.841 to 626.863;

(3) to license peace officers who have met the education and experience requirements
and passed examinations as required by the board;

(4) to develop and administer licensing examinations based on the board's learning
objectives;

(5) to consult and cooperate with continuing education providers for the development
of in-service training programs for peace officers;

(6) to consult and cooperate with postsecondary schools for the development and
improvement of professional peace officer education;

(7) to consult and cooperate with other departments and agencies of the state and federal
government concerned with peace officer standards and training;

(8) to perform such other acts as may be necessary and appropriate to carry out the
powers and duties of sections 626.841 to 626.863;

(9) to obtain criminal conviction data for persons seeking a license to be issued or
possessing a license issued by the board. The board shall have authority to obtain criminal
conviction data to the full extent that any other law enforcement agency, as that term is
defined by state or federal law, has to obtain the data;

(10) to prepare and transmit annually to the governor a report of its activities with respect
to allocation of money appropriated to it for peace officers training, including the name of
each recipient of money for that purpose and the amount awarded; and

(11) to assist and cooperate with any political subdivision or state law enforcement
agency that employs persons licensed by the board to establish written policies as mandated
by the state pertaining to persons licensed by the board, and to enforce licensing sanctions
for failure to implement these policies new text begin , with specific emphasis on policies pertaining to
police-community relations required under section 626.843, subdivision 1, clause (14) new text end .

In addition, the board may maintain data received from law enforcement agencies under
section 626.87, subdivision 5, provide the data to requesting law enforcement agencies who
are conducting background investigations, and maintain data on applicants and licensees
as part of peace officer license data. The data that may be maintained include the name of
the law enforcement agency conducting the investigation and data on the candidate provided
under section 626.87, subdivision 5, clauses (1) and (2).

Sec. 6.

Minnesota Statutes 2018, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct.

new text begin (a) new text end A chief law enforcement officer shall report
annually to the board deleted text begin summary deleted text end new text begin public new text end 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 new text begin and as further provided for in
paragraph (b) new text end .

new text begin (b) A chief law enforcement officer shall submit the following public data regarding
peace officers employed by the law enforcement agency in the previous calendar year to
the POST Board:
new text end

new text begin (1) the unique identifier of an employed peace officer;
new text end

new text begin (2) the existence and status of a complaint made against an employed peace officer
including:
new text end

new text begin (i) the peace officer's unique identifier;
new text end

new text begin (ii) the nature of the complaint specifically detailing if the complaint is one of the
following:
new text end

new text begin (A) public reported misconduct;
new text end

new text begin (B) excessive force;
new text end

new text begin (C) the integrity or truthfulness of an officer;
new text end

new text begin (D) violations of the law; and
new text end

new text begin (E) sexual misconduct or harassment;
new text end

new text begin (iii) whether the complaint was filed by a member of the public, a law enforcement
agency, or another source;
new text end

new text begin (iv) whether the complaint resulted in disciplinary action;
new text end

new text begin (v) the final disposition of a complaint when disciplinary action was taken including:
new text end

new text begin (A) the specific reason for the action taken; and
new text end

new text begin (B) data documenting the basis of the action taken, except that data that would identify
confidential sources who are employees of the public body shall not be disclosed; and
new text end

new text begin (vi) the final disposition of any complaint:
new text end

new text begin (A) determined to be unfounded or otherwise not sustained;
new text end

new text begin (B) for which a peace officer was later exonerated; or
new text end

new text begin (C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end

new text begin (3) the unique identifier of any peace officer pending criminal prosecution, excluding
traffic violations;
new text end

new text begin (4) the unique identifier of any peace officer who was terminated due to substantiated
findings of officer misconduct and a summary of the basis for that termination; and
new text end

new text begin (5) the unique identifier of any peace officer, other than one terminated for performance
issues during a probationary period, whose employment was terminated by resignation in
lieu of termination as a result of officer misconduct, and a summary of the basis for the
action.
new text end

new text begin (c) A law enforcement agency is only required to submit data on individuals that is not
private or confidential. The board shall publish summary public data indicating the total
number of complaints classified by the nature of the complaint; the aggregate number of
complaints classified by whether the complaint was filed by a member of the public, a law
enforcement agency, or another source; and the aggregate number of complaints dismissed
on grounds that the allegation was unsubstantiated. The summary data shall also classify
unsubstantiated complaints by both the source of the complaint and the nature of the
complaint. The board shall retain all data received under this subdivision and make the
summary data available to the public. The board may seek guidance and assistance from
MN.IT in developing the data storage required under this paragraph.
new text end

new text begin (d) The reporting requirements in this subdivision are in addition to any other officer
discipline reporting requirements established in law.
new text end

Sec. 7.

Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:

Subd. 7. Office of Justice Programs

39,580,000

40,036,000

Appropriations by Fund
General	39,484,000	39,940,000
State Government Special Revenue	96,000	96,000

(a) OJP Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.

(b) Combating Terrorism Recruitment

$250,000 each year is for grants to local law
enforcement agencies to develop strategies
and make efforts to combat the recruitment of
Minnesota residents by terrorist organizations
such as ISIS and al-Shabaab. This is a onetime
appropriation.

(c) Sex Trafficking Prevention Grants

$180,000 each year is for grants to state and
local units of government for the following
purposes:

(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and

(2) to provide technical assistance, including
training and case consultation, to law
enforcement agencies statewide.

(d) Pathway to Policing Reimbursement Grants

$400,000 the second year is for reimbursement
grants to local units of government that operate
pathway to policing programs intended to
bring persons with nontraditional backgrounds
into law enforcement. Applicants for
reimbursement grants may receive up to 50
percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants shall be proportionally
allocated based on the number of grant
applications approved by the commissioner. new text begin
This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $400,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officers
Standards Training Board to implement this act. This amount is added to the base.
new text end