SF 104

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 09:50am

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:

Section 1.

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 Updated policies required. new text end

new text begin (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 include:
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin In addition, except in cases where the person upon whom the action is taken is committing
a violent act that imminently threatens the peace officer or another with great bodily harm,
as defined in section 609.02, subdivision 8, or death, the policy must prohibit peace officers
from using (i) carotid control, or (ii) neck restraints or chokeholds that restrict airways.
However, even in those circumstances, the policy must require that less lethal measures be
considered first by the officer.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 2.

Minnesota Statutes 2018, section 626.8452, subdivision 2, is amended to read:

Subd. 2.

Deadly force and firearms use; initial instruction.

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 subdivision deleted 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.

Sec. 3.

Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:

Subd. 4.

Record keeping required.

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 2 new text begin , new text end and 3.