HF 4866

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:17pm

A bill for an act
relating to public safety; requiring county attorneys to disclose certain information
regarding expert witnesses to peace officers in an officer-involved death incident;
proposing coding for new law in Minnesota Statutes, chapter 388.

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

Section 1.

new text begin [388.26] INVESTIGATION OF PEACE OFFICER; EXPERT WITNESS
DISCLOSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Expert witness" means any person who:
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new text begin (1) will provide expert testimony in a case and who a county attorney retains, employs,
or otherwise identifies as a witness; or
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new text begin (2) is not expected to be called as a witness in a case and who a county attorney retains,
employs, or consults with during the review or investigation of an incident.
new text end

new text begin (c) "Officer-involved death" has the meaning given in section 299C.80, subdivision 1,
paragraph (c).
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new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin Subd. 2. new text end

new text begin Expert witness; disclosure required. new text end

new text begin (a) A county attorney must disclose all
communications with an expert witness to a peace officer if:
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new text begin (1) the county attorney is reviewing, investigating, or prosecuting an officer-involved
death;
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new text begin (2) the peace officer is a defendant or subject of the review or investigation; and
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new text begin (3) the expert witness is assessing whether the use of deadly force by the peace officer
was justified under section 609.066.
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new text begin (b) Disclosure of all communications includes:
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new text begin (1) all reports, photographs, video, and other evidence provided to the expert witness;
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new text begin (2) all emails, letters, and other written communication sent or given to the expert witness;
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new text begin (3) all emails, letters, and other written communication received from the expert witness;
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new text begin (4) an accurate summary of any in-person meetings, virtual meetings, telephone calls,
face-to-face conversations, or other oral communications between the county attorney or
the county attorney's representative and the expert witness or the expert witness's
representative; and
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new text begin (5) all drafts of any reports provided by the expert witness.
new text end

new text begin (c) The disclosures required under this section must take place within ten days of the
communication.
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new text begin (d) A county attorney who has made a disclosure under this section must supplement or
correct the disclosure in a timely manner if the county attorney learns that in some material
respect the disclosure is incomplete or incorrect.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to any reviews, investigations, or prosecutions that are ongoing at that
time.
new text end