HF 3849

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 02:12pm

A bill for an act
relating to public safety; providing grants and policy for portable recording systems;
authorizing local governments to establish civilian oversight councils; amending
Minnesota Statutes 2020, sections 626.8473, subdivision 3; 626.89, subdivision
17.

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

Section 1.

Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:

Subd. 3.

Written policies and procedures required.

(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.

(b) At a minimum, the written policy must incorporate new text begin and require compliance with new text end the
following:

(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable law new text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited and unredacted recording
of a peace officer using deadly force must be maintained indefinitely new text end ;

(2) new text begin mandate that a portable recording system be:
new text end

new text begin (i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end

new text begin (ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end

new text begin (iii) activated when the officer arrives on-scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end

new text begin (3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end

new text begin (4) mandate that any and all recordings from a peace officer's portable recording system,
redacted no more than what is required by law, involving the use of force by an officer upon
or toward the person of another without the other's consent, including the use of deadly
force, be treated as public benefit data pursuant to section 13.82, subdivision 15, and be
made available for viewing by the person upon whom force was used, the legal representative
of a person upon whom force was used, a deceased individual's next of kin, the legal
representative of the next of kin, or other parent of the deceased individual's children no
later than seven days after an incident where force was used by a peace officer, except that
a chief law enforcement officer may deny a request if investigators can articulate a compelling
reason as to why allowing review of the recordings would interfere with the agency
conducting a thorough investigation. If the chief law enforcement officer denies a request
under this provision, the agency's policy must require the chief law enforcement officer to
issue a prompt, written denial and provide notice to the person upon whom force was used,
the legal representative of a person upon whom force was used, deceased individual's next
of kin, legal representative of the next of kin, or other parent of the deceased individual's
children that they may seek relief from the district court;
new text end

new text begin (5) mandate that recordings of an incident where a peace officer used force upon or
toward the person of another without the other's consent, including the use of deadly force,
be treated as public benefit data pursuant to section 13.82, subdivision 15, and be released
to the person upon whom force was used, the legal representative of a person upon whom
force was used, the deceased individual's next of kin, legal representative of the next of kin,
and other parent of the deceased individual's children no later than 90 days after the incident.
If the chief law enforcement officer denies a request under this provision, the agency's policy
must require the chief law enforcement officer to issue a prompt, written denial and provide
notice to the person upon whom force was used, the legal representative of a person upon
whom force was used, deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children that they may seek relief from the
district court;
new text end

new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;

deleted text begin (3) deleted text end new text begin (7) new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;

deleted text begin (4) deleted text end new text begin (8) new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;

deleted text begin (5) deleted text end new text begin (9) new text end circumstances under which a data subject must be given notice of a recording;

deleted text begin (6) deleted text end new text begin (10) new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;

deleted text begin (7) deleted text end new text begin (11) new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and

deleted text begin (8) deleted text end new text begin (12) new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.

new text begin (c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's failure to comply with this section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:

Subd. 17.

Civilian review.

new text begin (a) As used in this subdivision, the following terms have the
meanings given them:
new text end

new text begin (1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end

new text begin (2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end

new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
other deleted text end oversight deleted text begin body shall not have deleted text end new text begin council and grant the council new text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end

new text begin (c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council may submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end

new text begin (d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end

new text begin (e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end

new text begin (f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end

Sec. 3. new text begin BODY CAMERA GRANT PROGRAM; APPROPRIATION.
new text end

new text begin (a) $2,500,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of public safety for grants administered by the Office of Public Safety
Innovation to local law enforcement agencies for portable recording systems. The executive
director shall award grants to local law enforcement agencies for the purchase and
maintenance of portable recording systems and portable recording system data. An applicant
must provide a 50 percent match to be eligible to receive a grant. The executive director
must give priority to applicants that do not have a portable recording system program. The
executive director must award at least one grant to a law enforcement agency located outside
of the seven-county metropolitan area.
new text end

new text begin (b) As a condition of receiving a grant, a law enforcement agency's portable recording
system policy required under Minnesota Statutes, section 626.8473, subdivision 3, must
include the following provisions:
new text end

new text begin (1) prohibit altering, erasing, or destroying any recording made with a peace officer's
portable recording system or data and metadata related to the recording prior to the expiration
of the applicable retention period under Minnesota Statutes, section 13.825, subdivision 3,
except that the full, unedited, and unredacted recording of a peace officer using deadly force
must be maintained indefinitely;
new text end

new text begin (2) mandate that a deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children be entitled to view any and all
recordings from a peace officer's portable recording system, redacted no more than what is
required by law, of an officer's use of deadly force no later than seven days after an incident
where deadly force used by a peace officer results in death of an individual, except that a
chief law enforcement officer may deny a request if investigators can articulate a compelling
reason as to why allowing the deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children to review the recordings
would interfere with the agency conducting a thorough investigation. If the chief law
enforcement officer denies a request under this provision, the agency's policy must require
the chief law enforcement officer to issue a prompt, written denial and provide notice to
the deceased individual's next of kin, legal representative of the next of kin, or other parent
of the deceased individual's children that they may seek relief from the district court;
new text end

new text begin (3) mandate release of all recordings of an incident where a peace officer used deadly
force and an individual dies to the deceased individual's next of kin, legal representative of
the next of kin, and other parent of the deceased individual's children no later than 90 days
after the incident; and
new text end

new text begin (4) mandate, whenever practicable, that an officer operating a portable recording system
while entering a residence notify occupants of the residence that they are being recorded.
new text end