SF 117

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 09:07am

A bill for an act
relating to public safety; clarifying the type of data included in the status of a
complaint or charge against a peace officer; extending the civil statute of limitations
for certain actions by peace officers; tolling the civil statute of limitations during
investigations of peace officers; prohibiting warrior-style training for peace officers;
prohibiting the use of certain restraints; requiring law enforcement agencies to
update policies regarding the use of force; 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; authorizing the cities of
Minneapolis and St. Paul to impose residency requirements for peace officers;
requiring local units of government to establish law enforcement citizen oversight
councils; specifying powers and duties of the councils and the responsibilities of
local authorities toward them; requiring law enforcement policies, guidelines,
training, and reporting on matters relating to procedural justice and community
interactions; amending arbitrator selection for peace officer grievance arbitrations;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018,
sections 13.43, subdivision 2; 541.073, subdivision 2; 573.02, subdivision 1;
609.06, subdivision 1, by adding a subdivision; 626.8452, by adding a subdivision;
626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes,
chapters 541; 626.

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

ARTICLE 1

LAW ENFORCEMENT CITIZEN OVERSIGHT COUNCILS

Section 1.

Minnesota Statutes 2018, section 626.89, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The procedures and provisions of this section apply to law
enforcement agencies and government units. The procedures and provisions of this section
do not apply to new text begin :
new text end

new text begin (1) investigations and proceedings of a citizen oversight council described in section
626.99; or
new text end

new text begin (2) new text end investigations of criminal charges against an officer.

Sec. 2.

Minnesota Statutes 2018, section 626.89, subdivision 17, is amended to read:

Subd. 17.

deleted text begin Civilian review deleted text end new text begin Citizen oversight new text end .

deleted text begin A civilian review board, commission, or
other oversight body shall not have the authority to make a finding of fact or determination
regarding a complaint against an officer or impose discipline on an officer. 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 The powers and duties of citizen oversight councils for law enforcement agencies
are established under section 626.99 new text end .

Sec. 3.

new text begin [626.99] LOCAL CITIZEN OVERSIGHT COUNCILS FOR LAW
ENFORCEMENT AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "law enforcement agency" has the
meaning given in section 626.84, subdivision 1, paragraph (f), but does not include state-level
law enforcement agencies.
new text end

new text begin Subd. 2. new text end

new text begin Councils required. new text end

new text begin The governing body of each local unit of government that
oversees a law enforcement agency shall establish a citizen oversight council in compliance
with this section.
new text end

new text begin Subd. 3. new text end

new text begin Council membership. new text end

new text begin The membership of a citizen oversight council must
reflect a broad cross section of the community it represents, including the community's
minority and youth populations. The membership must also include individuals who often
come into contact with, or who are affected by, the peace officers of the law enforcement
agency that the council oversees, other than suspects who are in criminal investigations.
The membership of the majority of a council must be weighted toward citizen members.
However, a council may also include members that reflect other specific viewpoints, such
as law enforcement, prosecutors, educators, clergy, and business and commercial leaders.
A council shall elect a chair from among its members at its first meeting.
new text end

new text begin Subd. 4. new text end

new text begin Operation of council; powers and duties. new text end

new text begin (a) A citizen oversight council shall
meet on a regular basis. Meetings are open to the public and public testimony may be taken.
new text end

new text begin (b) A council's purpose is to encourage and provide community participation in the
operation of the law enforcement agency it oversees. A council shall work collaboratively
with the governing body of the local unit of government with authority over the agency and
the agency's chief law enforcement officer.
new text end

new text begin (c) A council may make recommendations and provide assessments relating to any facet
of the operation of the agency, including but not limited to:
new text end

new text begin (1) law enforcement tactics and strategies, such as community policing;
new text end

new text begin (2) the budget for the agency, including priorities on where money should be spent;
new text end

new text begin (3) training of the agency's peace officers;
new text end

new text begin (4) employment policies, such as residency requirements and minority hiring;
new text end

new text begin (5) the substantive operation of the agency relating to such matters as use of force,
profiling, diversion, data collection, equipment, militarization, general investigatory practices,
officer-initiated use of force investigations, and cooperation with other law enforcement
agencies; and
new text end

new text begin (6) personnel decisions.
new text end

new text begin In addition, a council may evaluate the performance of the agency and the agency's chief
law enforcement officer. A council may recommend whether to extend the chief's term and
on hiring a successor to the chief when a vacancy occurs.
new text end

new text begin Subd. 5. new text end

new text begin Investigations into police misconduct. new text end

new text begin A citizen 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 recommend appropriate discipline.
new text end

new text begin Subd. 6. new text end

new text begin Duties of chief law enforcement officer. new text end

new text begin The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a citizen 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 Subd. 7. new text end

new text begin Duties of governing body. new text end

new text begin A governing body shall ensure that a council is
given the opportunity to comment in a meaningful way on any matter within its jurisdiction.
This opportunity must occur with sufficient time before action on the matter is required.
new text end

new text begin Subd. 8. new text end

new text begin Other applicable law. new text end

new text begin Chapters 13 and 13D apply to oversight councils under
this section.
new text end

new text begin Subd. 9. new text end

new text begin Annual report. new text end

new text begin A citizen oversight council shall release an annual report that
addresses its activities. At a minimum, the report must summarize the council's activities
for the past year; recommendations made by the council, including what actions, if any,
were taken by other entities in response to the recommendations; and the amount of money
spent for the council's operation and the money's source.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin TIMING.
new text end

new text begin Governing bodies of local units of government shall comply with Minnesota Statutes,
section 626.99, by September 1, 2020. A citizen oversight council shall conduct its first
meeting by October 1, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin COMPLIANCE REVIEWS.
new text end

new text begin The state auditor shall conduct reviews as appropriate and on a regular basis to ensure
that local units of government are in compliance with this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

POLICIES, TRAINING, REPORTING, APPROPRIATIONS

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;

(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;

(3) executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and

(4) the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;

(iii) in a city with a population of more than 7,500 or a county with a population of more
than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; and

(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positions.

(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause (4), are public only if:

(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or

(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.

This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.

new text begin (g) For purposes of this subdivision, the status of a complaint or charge against a peace
officer, as defined in section 626.84, subdivision 1, paragraph (c), includes but is not limited
to the fact that the peace officer has been suspended with pay, suspended without pay, placed
on administrative leave, or terminated or otherwise separated from employment with a right
to appeal the decision or elect arbitration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to personnel data on current and former peace officers created on or
after January 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 541.073, subdivision 2, is amended to read:

Subd. 2.

Limitations period.

(a) new text begin Except as provided in paragraph (b), new text end an action for
damages based on sexual abuse: (1) must be commenced within six years of the alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may
be commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.

new text begin (b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The plaintiff need not establish which act in a continuous series of sexual abuse
acts by the defendant caused the injury.

deleted text begin (c) deleted text end new text begin (d) new text end This section does not affect the suspension of the statute of limitations during a
period of disability under section 541.15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end

Sec. 3.

new text begin [541.155] PERIODS OF INVESTIGATION OF PEACE OFFICER NOT
COUNTED.
new text end

new text begin (a) For purposes of this section, "peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin (b) Any of the following, arising anytime after a cause of action accrued and during the
period of limitation, shall suspend the running of the period of limitation until the same is
removed:
new text end

new text begin (1) a criminal investigation of a peace officer for any conduct giving rise to the cause
of action;
new text end

new text begin (2) a criminal prosecution of a peace officer for any conduct giving rise to the cause of
action; or
new text end

new text begin (3) investigation by any political subdivision, state law enforcement agency, or the Board
of Peace Officer Standards and Training into allegations of misconduct by a peace officer
giving rise to the cause of action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 573.02, subdivision 1, is amended to read:

Subdivision 1.

Death action.

When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text begin An action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time
after the death of the decedent. new text end Any other action under this section may be commenced
within three years after the date of death provided that the action must be commenced within
six years after the act or omission. The recovery in the action is the amount the jury deems
fair and just in reference to the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.

If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action that arise on or after that date; causes of action that arose before
that date if the limitations period has not expired; and, notwithstanding any statutory or
common law to the contrary, retroactively to any causes of action that arose before that
date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Except as otherwise provided in deleted text begin subdivision deleted text end new text begin
subdivisions new text end 2 new text begin and 3 new text end , reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

Sec. 6.

Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Limitations on the use of certain restraints. new text end

new text begin (a) A peace officer may not use
any of the following restraints:
new text end

new text begin (1) lateral vascular neck restraint;
new text end

new text begin (2) choke holds;
new text end

new text begin (3) neck holds;
new text end

new text begin (4) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (5) securing a person in any way that results in transporting the person face down in a
vehicle.
new text end

new text begin (b) A peace officer may not use any other restraint that restricts free movement of a
person's neck or head for any purpose other than to protect the peace officer or another from
imminent harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [626.8272] PROCEDURAL JUSTICE; POLICIES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy required. new text end

new text begin (a) By August 15, 2020, the board, in consultation
with interested parties, shall develop and distribute to all chief law enforcement officers a
procedural justice model policy to govern interactions between peace officers and community
members. At a minimum, the policy must require that peace officers:
new text end

new text begin (1) obtain consent before conducting searches of individuals in the absence of a search
warrant or probable cause;
new text end

new text begin (2) obtain written acknowledgment that consent has been sought from individuals that
the officer has requested to search under clause (1);
new text end

new text begin (3) identify themselves by their full name, rank, badge number, and command, when
applicable, to all individuals they have stopped;
new text end

new text begin (4) state the reason to the individual affected for any search requests, searches conducted,
or stops; and
new text end

new text begin (5) report to the officer's chief law enforcement officer relevant information related to
the encounter between the officer and the person affected.
new text end

new text begin (b) The model policy must specify the information required to be reported under
paragraph (a), clause (5), which, at a minimum, must include the individual officer's reason
for making the stop or conducting or requesting consent for the search and information
about the person encountered, including the person's gender, race, ethnicity, and approximate
age. In addition, the policy must specify how the information is to be summarized and
reported by chief law enforcement officers under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Local policies required. new text end

new text begin (a) By November 1, 2020, the chief law enforcement
officer of every state and local law enforcement agency shall establish and enforce a written
procedural justice policy governing the conduct of peace officers engaged in interactions
with community members. The chief law enforcement officer shall ensure that each peace
officer receives a copy of the agency's policy. The chief law enforcement officer also shall
ensure that each peace officer is aware of the policy's purpose and the conduct addressed
by the policy.
new text end

new text begin (b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 1.
new text end

new text begin (c) Every state and local law enforcement agency shall certify to the board that the
agency has adopted a written policy in compliance with the board's model policy and shall
submit an electronic copy of the policy to the board. The board shall review each policy to
ensure compliance and post each policy on the board's website.
new text end

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

new text begin (e) The chief law enforcement officer shall report a summary of the information described
in subdivision 1, paragraph (a), clause (5), as directed in the board's model policy.
new text end

Sec. 8.

new text begin [626.8434] WARRIOR-STYLE TRAINING PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "warrior-style training" means
training for peace officers that teaches that self-preservation of an officer is an officer's
highest priority or that trains peace officers to approach each interaction with a citizen as a
threat, or potential threat, to an officer's safety.
new text end

new text begin Subd. 2. new text end

new text begin No continuing education credits or tuition reimbursement. new text end

new text begin (a) The board
may not certify a continuing education course that includes warrior-style training.
new text end

new text begin (b) The board may not grant continuing education credit to a peace officer for a course
that includes warrior-style training.
new text end

new text begin (c) The board may not reimburse a law enforcement agency or a peace officer for a
course that includes warrior-style training.
new text end

new text begin Subd. 3. new text end

new text begin Training prohibited. new text end

new text begin A law enforcement agency may not provide warrior-style
training, directly or through a third party, to a peace officer.
new text end

Sec. 9.

Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Prohibition on use of certain restraints. new text end

new text begin By January 1, 2021, the head of
every local and state law enforcement agency shall update and enforce the written policy
described in subdivision 1 to prohibit:
new text end

new text begin (1) the use of lateral vascular neck restraint;
new text end

new text begin (2) the use of choke holds;
new text end

new text begin (3) the use of neck holds;
new text end

new text begin (4) tying all of a person's limbs together behind the person's back to render the person
immobile;
new text end

new text begin (5) transporting a person face down in a vehicle; and
new text end

new text begin (6) the use of any other restraint that restricts free movement of a person's neck or head
for any purpose other than to protect the peace officer or another from imminent harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

new text begin [626.8474] PROCEDURAL JUSTICE AND COMMUNITY INTERACTION
SKILLS; LEARNING OBJECTIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Preservice training learning objectives; requirements. new text end

new text begin (a) By August
15, 2020, the board shall prepare learning objectives as described in subdivision 3 for
preservice training to instruct peace officers in procedural justice and community-interaction
skills. The learning objectives must be included in the required curriculum of professional
peace officer education programs.
new text end

new text begin (b) An individual is not eligible to take the peace officer licensing examination or the
part-time peace officer licensing examination on or after July 1, 2021, unless the individual
has received the training described in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin In-service training learning objectives. new text end

new text begin By August 15, 2020, the board shall
prepare learning objectives as described in subdivision 3 for in-service training to instruct
all peace officers in procedural justice and community interaction skills. The board shall
evaluate and monitor in-service training courses to ensure they satisfy the learning objectives.
new text end

new text begin Subd. 3. new text end

new text begin Learning objectives described. new text end

new text begin (a) The preservice and in-service learning
objectives required in subdivisions 1 and 2 must address the following:
new text end

new text begin (1) community policing and problem-solving skills;
new text end

new text begin (2) interpersonal and communication skills;
new text end

new text begin (3) bias awareness, including both implicit and explicit bias;
new text end

new text begin (4) scenario-based situational decision-making skills;
new text end

new text begin (5) crisis intervention and de-escalation skills;
new text end

new text begin (6) procedural justice and impartial policing techniques;
new text end

new text begin (7) trauma and victim-services skills;
new text end

new text begin (8) mental health issues;
new text end

new text begin (9) use of analytical research and technology; and
new text end

new text begin (10) language and cultural responsiveness skills.
new text end

new text begin (b) The board shall determine the parameters and total number of hours required for the
learning objectives required in this section.
new text end

Sec. 11.

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

Sec. 12.

new text begin [626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
new text end

new text begin (c) "Employer" means a political subdivision or law enforcement agency employing a
peace officer.
new text end

new text begin (d) "Grievance" means a dispute or disagreement regarding any written disciplinary
action, discharge, or termination decision of a peace officer arising under a collective
bargaining agreement covering peace officers.
new text end

new text begin (e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
procedure in a collective bargaining agreement covering peace officers, as required by this
section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
sections are consistent with this section.
new text end

new text begin (f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
except as otherwise provided in this section or to the extent inconsistent with this section.
new text end

new text begin (g) "Peace officer" means a licensed peace officer or part-time peace officer subject to
licensure under sections 626.84 to 626.863.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin Notwithstanding any contrary provision of law, home rule
charter, ordinance, or resolution, effective the day following final enactment, the arbitrator
selection procedure established under this section shall apply to all peace officer grievance
arbitrations for written disciplinary action, discharge, or termination, and must be included
in the grievance procedure for all collective bargaining agreements covering peace officers
negotiated on or after that date. This section does not apply to any other public employees.
new text end

new text begin Subd. 3. new text end

new text begin Roster of arbitrators. new text end

new text begin The governor, in consultation with community and law
enforcement stakeholders, shall appoint a roster of no fewer than 25 persons specifically
suited and qualified by training and experience to act as arbitrators for peace officer grievance
arbitrations under this section. The governor shall exercise this power of appointment as
conferred by law. Arbitrator terms and roster requirements under Minnesota Rules, chapters
5500 to 5530, shall apply to the extent consistent with this section.
new text end

new text begin Subd. 4. new text end

new text begin Arbitrator qualifications. new text end

new text begin A person seeking appointment to the arbitrator
roster under this section must complete initial training on culture competency, racism,
implicit bias, and recognizing and valuing community diversity and cultural differences,
and must continue to complete the training as required during the person's appointment.
The commissioner may adopt rules establishing training and requirements for this purpose.
new text end

new text begin Subd. 5. new text end

new text begin Selection of arbitrators. new text end

new text begin The commissioner shall assign or appoint an arbitrator
or panel of arbitrators from the roster to a peace officer grievance arbitration under this
section on a random or rotating basis. The parties shall not participate in, negotiate for, or
agree to the selection of an arbitrator or arbitration panel under this section. The arbitrator
or panel shall decide the grievance, and the decision is binding subject to the provisions of
chapter 572B.
new text end

new text begin Subd. 6. new text end

new text begin Interaction with other laws. new text end

new text begin (a) Sections 179A.21, subdivision 2, and 572B.11,
paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
shall not apply to a peace officer grievance arbitration under this section.
new text end

new text begin (b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
resolution, peace officers, through their certified exclusive representatives, shall not have
the right to negotiate for or agree to a collective bargaining agreement or a grievance
arbitration selection procedure with their employers that is inconsistent with this section.
new text end

new text begin (c) The arbitrator selection procedure for peace officer grievance arbitrations established
under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
in those chapters remain in full force and effect for peace officer grievance arbitrations,
except as provided in this section or to the extent inconsistent with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin GUIDELINES ON POSITIVE COMMUNITY INTERACTIONS.
new text end

new text begin (a) The commissioner of public safety, in consultation with interested parties, shall
develop guidelines to encourage law enforcement agencies to implement changes in how
peace officers may interact more positively with community members. At a minimum, the
guidelines must address changes in the deployment of peace officers to allow officers to
rotate into and out of assignments so as to ensure that individual officers are not consistently
exposed to stressful situations.
new text end

new text begin (b) The commissioner shall report to the legislature on any recommended changes to
law or funding to better achieve the goals in paragraph (a).
new text end

Sec. 14. new text begin MINNEAPOLIS PEACE OFFICERS; RESIDENCY REQUIREMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home
rule charter, ordinance, resolution, or rule to the contrary, the city of Minneapolis may
require residency within the territorial limits of the city of Minneapolis as a condition of
employment as a peace officer. The residency requirement applies only to persons hired
after the date the requirement is imposed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the
city of Minneapolis and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 15. new text begin ST. PAUL PEACE OFFICERS; RESIDENCY REQUIREMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home
rule charter, ordinance, resolution, or rule to the contrary, the city of St. Paul may require
residency within the territorial limits of the city of St. Paul as a condition of employment
as a peace officer. The residency requirement applies only to persons hired after the date
the requirement is imposed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the
city of St. Paul and its chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end

Sec. 16. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for: (1) increased soft body armor reimbursements under Minnesota Statutes,
section 299A.38; (2) grants to law enforcement agencies for counseling services for peace
officers; and (3) grants to local units of government to establish and maintain citizen oversight
councils under article 1. Notwithstanding the maximum amount specified in Minnesota
Statutes, section 299A.38, the commissioner shall use the appropriation in clause (1) to
increase the state share and lower the local share for soft body armor reimbursements.
new text end

new text begin (b) $....... in fiscal year 2021 is appropriated from the general fund to the Peace Officers
Standards and Training Board for costs associated with this act.
new text end