as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/17/2020 07:43am
A bill for an act
relating to public safety; requiring updated policies regarding the use of force by
peace officers; amending Minnesota Statutes 2018, section 626.8452, subdivisions
2, 4, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:
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(a) By September 1, 2020, the board, in
consultation with interested parties, shall adopt an updated comprehensive written model
policy on the use of force, including deadly force, by peace officers, and distribute this
policy to the chief law enforcement officer of every law enforcement agency in the state.
The model policy must recognize and respect the sanctity and value of all human life and
the need to treat everyone with dignity and without prejudice. At a minimum, the policy
must address:
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(1) a duty for peace officers to intercede when present and observing another peace
officer using force that is clearly beyond what is objectively reasonable under the law and
the particular circumstances of the case, and in a position to do so;
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(2) a duty for peace officers to report any illegal use of force by another peace officer
to the officer's chief law enforcement officer; and
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(3) a prohibition on the use by peace officers of neck restraints, carotid controls, and
chokeholds.
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At a minimum, the policy must ban the use of neck restraints, carotid controls, and
chokeholds in all cases except where the person upon whom the action is taken is committing
a violent act that imminently threatens the life of the peace officer or another person, and
require that even in those circumstances, less lethal measures be considered first by the
officer.
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(b) By November 1, 2020, each chief law enforcement officer shall establish and enforce
an updated comprehensive written policy on the use of force, including deadly force, by
officers within the agency that is identical or substantively similar to the model policy
required in paragraph (a). Each chief law enforcement officer shall certify to the board that
the policy has been established in compliance with this paragraph. Chief law enforcement
officers shall ensure that each officer in the agency receives a copy of the policy and adheres
to it.
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(c) The board has authority to inspect law enforcement agency policies to ensure
compliance with paragraph (b). The board may conduct this inspection based upon a
complaint it receives about a particular agency or through a random selection process.
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Minnesota Statutes 2018, section 626.8452, subdivision 2, is amended to read:
Beginning January 1,
1992, the head of every local and state law enforcement agency shall provide instruction
on the use of force, deadly force, and the use of firearms to every peace officer and part-time
peace officer newly appointed by or beginning employment with the agency. This instruction
must occur before the agency head issues a firearm to the officer or otherwise authorizes
the officer to carry a firearm in the course of employment. The instruction must be based
on the agency's written policy required in deleted text begin subdivisiondeleted text end new text begin subdivisions new text end 1 new text begin and 1a new text end and on the
instructional materials required by the board for peace officer and part-time peace officer
licensure.
Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:
The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivisions new text begin 1a, new text end 2new text begin ,new text end and 3.