SF 94

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 07:42am

A bill for an act
relating to public safety; establishing a duty for peace officers to intercede when
another peace officer is using unreasonable force; establishing a duty for peace
officers to report excessive force incidents; requiring law enforcement agencies
to adopt policies that require peace officers to intercede when another officer is
using unreasonable force; proposing coding for new law in Minnesota Statutes,
chapter 626.

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

Section 1.

new text begin [626.8475] DUTY TO INTERCEDE AND REPORT; POLICIES
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Duties; discipline. new text end

new text begin (a) A peace officer must intercede when:
new text end

new text begin (1) present and observing another peace officer using force that is beyond that which is
objectively reasonable under the circumstances; and
new text end

new text begin (2) physically able to do so.
new text end

new text begin (b) A peace officer who observes another employee or peace officer use force that
exceeds the degree of force permitted by law has the duty to report the incident within 24
hours to a supervisor.
new text end

new text begin (c) A peace officer who breaches a duty established in this subdivision is subject to
discipline by the board under Minnesota Rules, part 6700.1600.
new text end

new text begin Subd. 2. new text end

new text begin Model policy required. new text end

new text begin By September 15, 2020, the commissioner of public
safety, in consultation with the board, the attorney general, and other interested parties,
must develop a comprehensive model policy to require peace officers to intercede to prevent
the use of unreasonable force and report incidents of excessive use of force. The policy, at
a minimum, must be consistent with subdivision 1. The board must distribute the model
policy to all chief law enforcement officers.
new text end

new text begin Subd. 3. new text end

new text begin Agency policies required. new text end

new text begin (a) By December 15, 2020, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy requiring peace officers employed by the agency to intercede and report that is
identical or substantially similar to the model policy developed under subdivision 2.
new text end

new text begin (b) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with this subdivision.
new text end

new text begin (c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Compliance reviews authorized. new text end

new text begin The board has authority to inspect state and
local law enforcement agency policies to ensure compliance with subdivision 3. 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 subdivision 3.
new text end