HF 2709

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 04/01/2019 09:31am

A bill for an act
relating to public safety; providing for a peace officer discipline report;
appropriating money for a grant for a peace officer discipline report database and
peace officer training reimbursement; amending Minnesota Statutes 2018, section
169.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
626.

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

Section 1.

Minnesota Statutes 2018, section 169.99, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided in subdivision 3, and section 169.999,
subdivision 3, there shall be a uniform ticket issued throughout the state by the police and
peace officers or by any other person for violations of this chapter and ordinances in
conformity thereto. Such uniform traffic ticket shall be in the form and have the effect of a
summons and complaint. Except as provided in paragraph (b), the uniform ticket shall state
that if the defendant fails to appear in court in response to the ticket, an arrest warrant may
be issued. The uniform traffic ticket shall consist of four parts, on paper sensitized so that
copies may be made without the use of carbon paper, as follows:

(1) the complaint new text begin , which must identify the complainant's ethnicity new text end , with reverse side for
officer's notes for testifying in court, driver's past record, and court's action, printed on white
paper;

(2) the abstract of court record for the Department of Public Safety, which shall be a
copy of the complaint with the certificate of conviction on the reverse side, printed on yellow
paper;

(3) the police record, which shall be a copy of the complaint and of the reverse side of
copy (1), printed on pink paper; and

(4) the summons, with, on the reverse side, such information as the court may wish to
give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed on
off-white tag stock.

(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure to
appear will be considered a plea of guilty and waiver of the right to trial, unless the failure
to appear is due to circumstances beyond the person's control.

Sec. 2.

new text begin [626.8435] PEACE OFFICER DISCIPLINE REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Annual data; submission. new text end

new text begin (a) Beginning January 15, 2020, and annually
thereafter, the chief law enforcement officer of a law enforcement agency shall submit the
following data regarding peace officers employed by the law enforcement agency in the
previous calendar year to the Peace Officer Standards and Training Board:
new text end

new text begin (1) the name and license number 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 name and license number;
new text end

new text begin (ii) the nature of the complaint;
new text end

new text begin (iii) whether the complaint was filed by a member of the public 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 name and license number of any peace officer pending criminal prosecution,
excluding traffic violations;
new text end

new text begin (4) the name and license number 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 name and license number 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 (b) For purposes of this section "complaint" means all allegations involving:
new text end

new text begin (1) public reported misconduct;
new text end

new text begin (2) excessive force;
new text end

new text begin (3) the integrity or truthfulness of an officer;
new text end

new text begin (4) violations of the law; and
new text end

new text begin (5) sexual misconduct or harassment.
new text end

new text begin (c) The reporting requirements in paragraph (a) are in addition to any other officer
discipline reporting requirements established in law.
new text end

new text begin Subd. 2. new text end

new text begin Updated data. new text end

new text begin Within 30 days of final disposition of a complaint, as defined
in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law
enforcement agency that employs the officer shall submit a supplemental report containing
the information identified in subdivision 1, paragraph (a), clauses (2) to (5).
new text end

new text begin Subd. 3. new text end

new text begin Confidentiality agreement prohibited. new text end

new text begin Law enforcement agencies and political
subdivisions are prohibited from entering into a confidentiality agreement that would prevent
disclosure of the data identified in subdivision 1 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end

new text begin Subd. 4. new text end

new text begin Data classification. new text end

new text begin Data received by the board pursuant to subdivisions 1 and
2 is private data on individuals as defined in section 13.02, subdivision 12. This classification
does not restrict the board's authority to publish summary data as defined in section 13.02,
subdivision 19.
new text end

new text begin Subd. 5. new text end

new text begin Penalty for noncompliance. new text end

new text begin For agencies that receive training reimbursements
under section 4, substantial noncompliance with the reporting requirements of subdivisions
1 and 2 shall serve as a bar to further reimbursements under section 4, and the board may
require the agency to refund the state for grants received during the period of noncompliance.
For purposes of this section, "substantial noncompliance" means a failure to (1) meet the
deadlines established in subdivisions 1 and 2, and (2) respond to two subsequent requests
from the board.
new text end

new text begin Subd. 6. new text end

new text begin Board report. new text end

new text begin At least annually, the board shall publish a summary of data
submitted pursuant to subdivisions 1 and 2. The summary shall be available on the board's
website and shall be included in any written publication reporting board activities. The
summary shall exclude peace officers' names and license numbers and any other not public
data as defined by section 13.02, subdivision 8a.
new text end

Sec. 3. new text begin APPROPRIATION; PEACE OFFICER DISCIPLINE REPORT DATABASE.
new text end

new text begin (a) $200,000 in fiscal year 2021 is appropriated from the general fund to the Office of
Justice Programs for a grant to a qualified community-based research organization to develop
a system to classify and report peace officer discipline by category, severity, type, and any
other factor determined to be appropriate by the board.
new text end

new text begin (b) In developing the system described in paragraph (a), the grant recipient shall consult
with:
new text end

new text begin (1) the Peace Officer Standards and Training Board;
new text end

new text begin (2) the Minnesota Police and Peace Officers Association;
new text end

new text begin (3) the Minnesota Sheriffs' Association;
new text end

new text begin (4) the Minnesota Chiefs of Police Association; and
new text end

new text begin (5) five community members appointed by the Peace Officer Standards and Training
Board.
new text end

Sec. 4. new text begin PEACE OFFICER TRAINING ASSISTANCE.
new text end

new text begin (a) $6,000,000 each year is from the general fund to support and strengthen law
enforcement training and implement best practices. After January 2, 2021, these funds may
only be used to reimburse training expenses for peace officers who are employed by law
enforcement agencies that the superintendent of the Bureau of Criminal Apprehension has
certified are:
new text end

new text begin (1) substantially compliant with the Federal Bureau of Investigation's National
Incident-Based Report System (NIBRS);
new text end

new text begin (2) in compliance with the peace officer discipline reporting requirements established
in section 2;
new text end

new text begin (3) in compliance with the Bureau of Criminal Apprehension's use of force data collection
policy to include reporting whether the incident was officer generated or in response to a
call for assistance; and
new text end

new text begin (4) in compliance with the requirement to record ethnicity data on the uniform traffic
ticket under section 169.99, subdivision 1, paragraph (a), clause (1).
new text end

new text begin The base for this activity is $6,000,000 in fiscal years 2020, 2021, 2022, and 2023 and $0
in fiscal year 2024 and thereafter.
new text end

new text begin (b) For purposes of this section, "substantially compliant" means an agency requires its
officers to record the same incident response data for group B offenses as group A offenses
under NIBRS.
new text end

new text begin (c) The superintendent of the Bureau of Criminal Apprehension may grant up to one
additional year for an agency to become substantially compliant with NIBRS if the agency
establishes good cause for delayed compliance.
new text end

new text begin (d) The superintendent of the Bureau of Criminal Apprehension shall modify the
Supplemental Reporting System on the agency submissions page to provide fields for
agencies to report the data required under paragraph (a), clause (3).
new text end