HF 3885

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:39pm

A bill for an act
relating to public safety; establishing a critical incident review process for peace
officer involved shootings; amending Minnesota Statutes 2014, section 626.553,
subdivision 2, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2014, section 626.553, subdivision 2, is amended to read:

Subd. 2.

Discharge firearm; kill animal.

Whenever a peace officer discharges a
firearm in the course of duty, other than for training purposes or the killing of an animal
that is sick, injured, or dangerous, notification shall be filed within 30 days of the incident
by the officer's department head with the commissioner of public safety. The commissioner
of public safety shall forward a copy of the filing to the board deleted text begin of Peace Officer Standards
and Training deleted text end . The notification shall contain information concerning the reason for and
circumstances surrounding discharge of the firearm. The commissioner of public safety
shall file a report with the legislature by November 15 of each even-numbered year
containing summary information concerning use of firearms by peace officers.

Sec. 2.

Minnesota Statutes 2014, section 626.553, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Critical incident review. new text end

new text begin (a) After all related criminal investigations are
concluded, the director must appoint a critical incident review team to investigate:
new text end

new text begin (1) each peace officer firearm discharge report submitted under subdivision 2 where
a person suffered bodily harm from the firearm discharge; and
new text end

new text begin (2) each incident where a person died during contact with a peace officer.
new text end

new text begin (b) Each critical incident review team must include at least three members. One
member must be a peace officer or former peace officer. Another member must be a
resident of the community where the incident occurred. If the person injured in the
incident is a person of color, at least one member must be of the same race as the injured
person. The director may appoint more than three members to a team at the director's
discretion. A member may not be a current or former employee of the agency that is
the subject of the team's review.
new text end

new text begin (c) The critical incident review team is charged with identifying and analyzing the
causes of the incident. Following the analysis, the team must prepare a report that either:
new text end

new text begin (1) recommends implementation of a corrective action plan by the agency under
review; or
new text end

new text begin (2) explains why corrective actions are not required.
new text end

new text begin If the team cannot agree on the causes of the incident or the need for corrective action,
each member may file a separate or dissenting report. If the team's review warrants,
the team shall make recommendations to the director for changes in statewide training
of peace officers. The team's report must be filed with the director within 60 days of
the director appointing the team.
new text end

new text begin (d) The agency that employs the officer involved in the incident shall pay the costs
of the critical incident review team's investigation.
new text end

Sec. 3.

Minnesota Statutes 2014, section 626.553, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Board" means the Board of Peace Officer Standards and Training.
new text end

new text begin (c) "Director" means the executive director of the board.
new text end