HF 74

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:35pm

A bill for an act
relating to public safety; modifying a peace officer's authority to use deadly force;
assigning prosecutorial authority for peace-officer-involved deaths to the attorney
general; establishing an independent Use of Force Investigations Unit within the
Bureau of Criminal Apprehension; limiting the use of money bail for certain
offenses; requiring reports; appropriating money; amending Minnesota Statutes
2018, sections 8.01; 388.051, subdivision 1; 609.066, subdivision 2, by adding a
subdivision; 626.8452, subdivision 1; 629.53; proposing coding for new law in
Minnesota Statutes, chapters 8; 299C.

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.

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 provided for in section 8.37, 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.

Sec. 2.

new text begin [8.37] PEACE-OFFICER-INVOLVED DEATHS.
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 provided.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

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 Prosecution of officer-involved deaths. new text end

new text begin (a) The attorney general has charge
of the prosecution of peace officers alleged to have caused an officer-involved death.
new text end

new text begin (b) When requested by the attorney general, a county attorney may appear for the state
in any case instituted under this section and assist in the preparation and trial.
new text end

new text begin Subd. 3. new text end

new text begin Local assistance. new text end

new text begin Each law enforcement agency with jurisdiction over the area
where an officer-involved death occurred must cooperate with the attorney general to the
same extent as if the county attorney had charge of the prosecution.
new text end

Sec. 3.

new text begin [299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
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 provided.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end

new text begin (f) "Unit" means the independent Use of Force Investigations Unit.
new text end

new text begin Subd. 2. new text end

new text begin Formation; special agent in charge; duty. new text end

new text begin The superintendent shall form an
independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
to conduct officer-involved death investigations. The superintendent, in consultation with
the commissioner of public safety, shall select a special agent in charge of the unit.
new text end

new text begin Subd. 3. new text end

new text begin Additional duty. new text end

new text begin The unit may also investigate conflict of interest cases
involving peace officers and other public officials accused of crimes, including but not
limited to sexual assault.
new text end

new text begin Subd. 4. new text end

new text begin Staff; support. new text end

new text begin The unit will employ peace officers and staff to conduct
investigations and the superintendent shall develop and implement policies and procedures
to ensure no conflict of interest exists with agents assigned to investigate a particular incident.
The superintendent may permit bureau resources not directly assigned to this unit to be used
to assist the unit in fulfilling the duties assigned in this section.
new text end

new text begin Subd. 5. new text end

new text begin Conflicts. new text end

new text begin When a peace officer employed by the Bureau of Criminal
Apprehension is the subject of an officer-involved death investigation, the investigation
shall be conducted by an investigatory agency selected by the attorney general.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The superintendent must make all case files publicly available on
the bureau's website within 30 days of the end of the last criminal appeal of a subject of an
investigation, as provided for in chapter 13. By February 1 of each year, the superintendent
shall report to the commissioner, the governor, and the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety finance and policy the
following information about the unit: the number of investigations initiated; the number of
incidents investigated; the outcomes or current status of each investigation; the charging
decisions made by the prosecuting authority of incidents investigated by the unit; the number
of plea agreements reached in incidents investigated by the unit; and any other information
relevant to the unit's mission.
new text end

Sec. 4.

Minnesota Statutes 2018, section 388.051, subdivision 1, is amended to read:

Subdivision 1.

General provisions.

The county attorney shall:

(1) appear in all cases in which the county is a party;

(2) give opinions and advice, upon the request of the county board or any county officer,
upon all matters in which the county is or may be interested, or in relation to the official
duties of the board or officer;

(3) new text begin except as provided in section 8.37, new text end prosecute felonies, including the drawing of
indictments found by the grand jury, and, to the extent prescribed by law, gross
misdemeanors, misdemeanors, petty misdemeanors, and violations of municipal ordinances,
charter provisions and rules or regulations;

(4) attend before the grand jury, give them legal advice, and examine witnesses in their
presence;

(5) request the court administrator to issue subpoenas to bring witnesses before the grand
jury or any judge or judicial officer before whom the county attorney is conducting a criminal
hearing;

(6) attend any inquest at the request of the coroner; and

(7) appear, when requested by the attorney general, for the state in any case instituted
by the attorney general in the county attorney's county or before the United States Land
Office in case of application to preempt or locate any public lands claimed by the state and
assist in the preparation and trial.

Sec. 5.

Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Legislative intent. new text end

new text begin The legislature hereby finds and declares the following:
new text end

new text begin (1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;
new text end

new text begin (2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life. In determining whether deadly force
is necessary, officers shall evaluate each situation in light of the particular circumstances
of each case and shall use other available resources and techniques if reasonably safe and
feasible to an objectively reasonable officer;
new text end

new text begin (3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force; and
new text end

new text begin (4) that peace officers should exercise special care when interacting with individuals
with physical, mental health, developmental, or intellectual disabilities as an individual's
disability may affect the individual's ability to understand or comply with commands from
peace officers.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:

Subd. 2.

Use of deadly force.

new text begin (a) new text end Notwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only when
new text begin the officer reasonably believes, based on the totality of the circumstances, that such force
is new text end necessary:

(1) to protect the peace officer or another from deleted text begin apparent deleted text end new text begin imminent new text end death or great bodily
harm; new text begin or
new text end

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
officer knows or has reasonable grounds to believe has committed or attempted to commit
a felony deleted text begin involving the use or threatened use of deadly force; or deleted text end new text begin and the officer reasonably
believes that the person will cause death or great bodily harm to another person unless
immediately apprehended.
new text end

deleted text begin (3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
knows or has reasonable grounds to believe has committed or attempted to commit a felony
if the officer reasonably believes that the person will cause death or great bodily harm if
the person's apprehension is delayed.
deleted text end

new text begin (b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self if an objectively reasonable officer would believe the person does not
pose an imminent threat of death or great bodily harm to the peace officer or to another
person.
new text end

Sec. 7.

Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:

Subdivision 1.

Deadly force policy.

By January 1, 1992, the head of every local and
state law enforcement agency shall establish and enforce a written policy governing the use
of force, including deadly force, as defined in section 609.066, by peace officers and part-time
peace officers employed by the agency. The policy must be consistent with the provisions
of section 609.066, deleted text begin subdivision deleted text end new text begin subdivisions 1a and new text end 2, and may not prohibit the use of deadly
force under circumstances in which that force is justified under section 609.066, subdivision
2.

Sec. 8.

Minnesota Statutes 2018, section 629.53, is amended to read:

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

new text begin Subdivision 1. new text end

new text begin Pretrial release. new text end

A person charged with a criminal offense may be
released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure new text begin
and this section. To the extent a court determines there is a conflict between rule 6.02 of
the Rules of Criminal Procedure and this section, this section shall control new text end .

new text begin Subd. 2. new text end

new text begin Release of a person charged with a misdemeanor offense. new text end

new text begin (a) A defendant
charged with a misdemeanor offense, other than a violation identified in paragraph (e), must
be released on personal recognizance unless the court determines that there is a substantial
likelihood that the defendant will not appear at future court proceedings or poses a threat
to a victim's safety.
new text end

new text begin (b) If the court determines that there is a substantial likelihood that a defendant will not
appear at future court appearances, the court must impose the least restrictive conditions of
release that will reasonably assure the person's appearance as ordered. These conditions of
release include but are not limited to an unsecured appearance bond or money bail on which
the defendant may be released by posting cash or sureties. If the court sets conditions of
release other than an unsecured appearance bond or money bail, it must also set money bail
without other conditions on which the defendant may be released.
new text end

new text begin (c) The court must not impose a financial condition of release on a defendant subject to
this subdivision that results in the pretrial detention of the defendant. Financial conditions
of release include but are not limited to money bail.
new text end

new text begin (d) If a defendant subject to this subdivision remains in custody for more than 48 hours
after the court imposes a financial condition of release, the court must review the conditions
of release and there exists a rebuttable presumption that the financial condition resulted in
the pretrial detention of the defendant.
new text end

new text begin (e) This subdivision does not apply to violations of:
new text end

new text begin (1) section 169A.20;
new text end

new text begin (2) section 518B.01;
new text end

new text begin (3) section 609.224;
new text end

new text begin (4) section 609.2242;
new text end

new text begin (5) section 609.748;
new text end

new text begin (6) section 609.749; and
new text end

new text begin (7) section 629.75.
new text end

new text begin (f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a required
court hearing, the court shall issue a summons or warrant directing that the defendant appear
in court pursuant to rule 6.03 of the Rules of Criminal Procedure.
new text end

new text begin Subd. 3. new text end

new text begin Presumption of release on personal recognizance. new text end

new text begin Except as described in
subdivision 2, on appearance before the court, a defendant charged with a misdemeanor
must be released on personal recognizance or an unsecured appearance bond unless otherwise
provided by law, or a court determines that release will endanger the public safety, a victim's
safety, or will not reasonably assure the defendant's appearance.
new text end

new text begin Subd. 4. new text end

new text begin Money bail; disposition. new text end

Money bail is the property of the accused, whether
deposited by that person or by a third person on the accused's behalf. When money bail is
accepted by a judge, that judge shall order it to be deposited with the court administrator.
The court administrator shall retain it until the final disposition of the case and the final
order of the court disposing of the case. Upon release, the amount released must be paid to
the accused personally or upon that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt
from garnishment or levy under attachment or execution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 9. new text begin ATTORNEY GENERAL; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the attorney general
for conducting criminal prosecutions, including prosecution of peace-officer-involved death
cases pursuant to Minnesota Statutes, section 8.37. This amount is added to the agency's
base.
new text end

Sec. 10. new text begin APPROPRIATION FOR INDEPENDENT USE OF FORCE
INVESTIGATIONS UNIT IN BCA.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
public safety to establish and operate the independent Use of Force Investigations Unit in
the Bureau of Criminal Apprehension. $....... is added to the agency's base for this purpose.
new text end