SF 104

1st Unofficial Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/18/2020 07:38pm

A bill for an act
relating to public safety; 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; amending arbitrator
selection for peace officer grievance arbitrations; creating a process to collect and
analyze data on complaints filed against peace officers; providing for a peace
officer discipline report; expanding the membership of the Board of Peace Officer
Standards and Training; establishing a Police-Community Relations Council to
report to and advise the Peace Officer Standards and Training Board; extending
the civil statute of limitations for certain actions by peace officers; tolling the civil
statute of limitations during investigations of peace officers; providing for
mandatory revocation of peace officer license for violating use of force policy;
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; providing for mandatory reporting of peace officer terminations and
resignation; authorizing residency requirements for peace officers; extending
reporting and use of appropriation for missing and murdered indigenous women
task force; authorizing rulemaking; appropriating money; amending Minnesota
Statutes 2018, sections 415.16, subdivision 1, by adding a subdivision; 541.073,
subdivision 2; 573.02, subdivision 1; 609.06, subdivision 1, by adding a
subdivision; 626.841; 626.8432, subdivision 2; 626.8452, by adding a subdivision;
626.8457, subdivision 1; 626.89, subdivisions 2, 17; Laws 2019, First Special
Session chapter 5, article 1, section 12, subdivision 7; article 2, section 28,
subdivisions 4, 5; 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 OVERSIGHT

Section 1.

Minnesota Statutes 2018, section 626.841, is amended to read:

626.841 BOARD; MEMBERS.

The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15 deleted text end new text begin 19 new text end members:

(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;

(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;

(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;

(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; deleted text begin and
deleted text end

(7) deleted text begin two deleted text end new text begin four new text end members appointed by the governor from among the general public new text begin , of
which at least one member must be a representative of a statewide crime victim coalition,
at least one member must be a person of color, and at least one member must be a resident
of a county other than a metropolitan county as defined in section 473.121, subdivision 4;
and
new text end

new text begin (8) two members appointed by the commissioner of human rights from the general
public, of which one member must be a community organizer nominated by an organization
that organizes direct action campaigns and one member must have experience serving on
a law enforcement agency's civilian review board new text end .

A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.

Sec. 2.

new text begin [626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin The Police-Community Relations
Council is established under the Peace Officer Standards and Training Board. The council
consists of the following 15 members:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end

new text begin (2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
new text end

new text begin (3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end

new text begin (4) the executive director of the Minnesota Sheriff's Association, or a designee;
new text end

new text begin (5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
and
new text end

new text begin (6) ten community members, of which:
new text end

new text begin (i) four members shall represent the community-specific boards established under section
257.0768, reflecting one appointment made by each board;
new text end

new text begin (ii) two members shall be mental health advocates, of which one member shall be
appointed by the Minnesota chapter of the National Alliance on Mental Illness and the other
appointed by the governor's Council on Mental Health;
new text end

new text begin (iii) two members shall be advocates for victims, of which one member shall be appointed
by the Violence Free Minnesota and the other appointed by the Minnesota Coalition Against
Sexual Assault;
new text end

new text begin (iv) one member shall represent a community organization that organizes direct action
campaigns and shall be appointed by the commissioner of human rights; and
new text end

new text begin (v) one member shall have experience serving on a law enforcement agency's civilian
review board and shall be appointed by the commissioner of human rights.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The council shall:
new text end

new text begin (1) make recommendations on police-community relations to the board;
new text end

new text begin (2) review and make disciplinary and policy recommendations to the board on civilian
initiated police misconduct complaints filed with the board;
new text end

new text begin (3) send written notice and a recommendation for intervention to a chief law enforcement
officer when notified that a peace officer under the command of the chief is determined to
have a pattern of complaints or incidents of excessive use of force under section 626.8435;
and
new text end

new text begin (4) monitor and make recommendations on peace officer community policing excellence
data collected under section 626.8435.
new text end

new text begin (b) The council's recommendations to the board under paragraph (a), clause (2), must
be implemented by the board unless two-thirds of the members vote to reject a
recommendation within three months of receiving the recommendation from the council.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The council shall be organized and administered under section
15.059, except that subdivision 2 shall not apply. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The chair may serve in that role for a period of two
years. The executive director of the board shall serve as the council's executive secretary
and is an ex officio, nonvoting member. The council does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Office support. new text end

new text begin The executive director of the board shall provide the council
with the necessary office space, supplies, equipment, and clerical support to effectively
perform the duties imposed.
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. 3.

new text begin [626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE
DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is:
new text end

new text begin (1) to create data profiles for stakeholders to conduct needs assessments and make
appropriate recommendations to drive improvements in police effectiveness, efficiency,
training, supervision, procedural justice, accountability, and community relations;
new text end

new text begin (2) for police departments to more effectively manage their risks and improve
transparency; and
new text end

new text begin (3) for community members and advocates, as well as policy makers, decision makers,
and funders to have access to accurate relevant information to help improve policing practices
in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Data submission. new text end

new text begin (a) Beginning January 15, 2021, a chief law enforcement
officer of a law enforcement agency shall submit the following data regarding peace officers
employed by the law enforcement agency to a designated community-based research
organization that has contracted with the Department of Public Safety to monitor the data,
compile the report, and provide the notifications required by this section:
new text end

new text begin (1) the existence and status of a complaint made against an employed peace officer
including:
new text end

new text begin (i) the peace officer's unique identifier;
new text end

new text begin (ii) the nature of the complaint;
new text end

new text begin (iii) whether the complaint was filed by a member of the public, a law enforcement
agency, or another source;
new text end

new text begin (iv) whether the complaint resulted in disciplinary action;
new text end

new text begin (v) the final disposition of a complaint when disciplinary action was taken including:
new text end

new text begin (A) the specific reason for the action taken; and
new text end

new text begin (B) data documenting the basis of the action taken, except that data that would identify
confidential sources who are employees of the public body shall not be disclosed; and
new text end

new text begin (vi) the final disposition of any complaint:
new text end

new text begin (A) determined to be unfounded or otherwise not sustained;
new text end

new text begin (B) for which a peace officer was later exonerated; or
new text end

new text begin (C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end

new text begin (2) the unique identifier of any peace officer pending criminal prosecution, excluding
traffic violations;
new text end

new text begin (3) the unique identifier of any peace officer who was terminated due to substantiated
findings of officer misconduct and a summary of the basis for that termination;
new text end

new text begin (4) the unique identifier of any peace officer whose employment was terminated by
resignation in lieu of termination as a result of officer misconduct, and a summary of the
basis for the action; and
new text end

new text begin (5) the unique identifier of any peace officer involved in a use of force incident.
new text end

new text begin (b) For purposes of this section "complaint" means all formally filed allegations involving:
new text end

new text begin (1) public reported misconduct;
new text end

new text begin (2) excessive force;
new text end

new text begin (3) the integrity or truthfulness of an officer;
new text end

new text begin (4) violations of the law; or
new text end

new text begin (5) sexual misconduct or harassment.
new text end

new text begin (c) The board shall establish and publish guidelines, in consultation with the designated
community-based research organization, that are consistent with paragraph (b) on what
constitutes a valid complaint that must be reported under this section.
new text end

new text begin (d) The reporting requirements in paragraph (a) are in addition to any other officer
discipline reporting requirements established in law. Failure of a chief law enforcement
officer to comply with the reporting requirements established under this section is a violation
of the peace officer professional code of conduct established pursuant to section 626.8457.
new text end

new text begin Subd. 3. new text end

new text begin Data storage and access. new text end

new text begin (a) The designated community-based research
organization shall maintain the data collected under this section subject to the provisions
of chapter 13, including but not limited to section 13.05, subdivision 5. The civil remedies
and penalties under sections 13.08 and 13.09 may be applied against the designated
community-based research organization if the organization releases not public data in
violation of this section or other applicable provisions of chapter 13.
new text end

new text begin (b) The designated community-based research organization must establish written
procedures to ensure individuals have access to not public data maintained by the organization
only if authorized in writing by the organization. The ability of authorized individuals to
enter, update, or access not public data maintained by the organization must be limited
through the use of role-based access that corresponds to the official duties or training level
of the individual and the statutory authorization that grants access for a purpose authorized
by this section. All queries and responses, and all actions in which data are entered, updated,
accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in
the audit trail are public, to the extent that the data are not otherwise classified by law, and
must be made available upon request to the Peace Officer Standards and Training Board,
the Police-Community Relations Council, a law enforcement agency, or the subject of the
underlying data.
new text end

new text begin (c) The Peace Officer Standards and Training Board and the Police-Community Relations
Council must have direct access to both summary and individual data collected under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Updated data. new text end

new text begin Within 30 days of final disposition of a complaint, as defined
in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law
enforcement agency that employs the officer shall submit a supplemental report containing
the information identified in subdivision 2, clauses (1) to (5).
new text end

new text begin Subd. 5. new text end

new text begin Monitoring data; pattern of misconduct. new text end

new text begin The designated community-based
research organization must monitor the data on an ongoing basis to collect data on officers
subject to multiple complaints and excessive use of force incidents and, in consultation with
the Police-Community Relations Council, establish criteria for notifying the council when
an officer has been determined to have an excessive number of complaints. If the criteria
for notifying the Police-Community Relations Council are met, the designated
community-based research organization shall notify the council and suggest the need for
an intervention. A notice sent under this subdivision is not available to the public.
new text end

new text begin Subd. 6. new text end

new text begin Confidentiality agreement prohibited. new text end

new text begin Law enforcement agencies and political
subdivisions are prohibited from entering into a confidentiality agreement that would prevent
disclosure of the data identified in subdivision 2 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end

new text begin Subd. 7. new text end

new text begin Data classification. new text end

new text begin Data received by the designated community-based research
organization pursuant to subdivisions 2 and 3 is private data on individuals as defined in
section 13.02, subdivision 12, and the data must be maintained according to the statutory
provisions applicable to the data. This classification does not restrict the organization's
authority to publish summary data as defined in section 13.02, subdivision 19.
new text end

new text begin Subd. 8. new text end

new text begin Public report. new text end

new text begin At least annually, the designated community-based research
organization shall publish a summary of data submitted pursuant to subdivisions 1 and 2.
The board shall make the summary available on the board's website. The summary shall
exclude peace officers' names and license numbers and any other not public data as defined
by section 13.02, subdivision 8a.
new text end

Sec. 4.

Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:

Subdivision 1.

Model policy to be developed.

By March 1, 1996, the Peace Officer
Standards and Training Board shall develop and distribute to all chief law enforcement
officers a model policy regarding the professional conduct of peace officers. The policy
must address issues regarding professional conduct not addressed by the standards of conduct
under Minnesota Rules, part 6700.1600. The policy must define unprofessional conduct to
include, but not be limited to, conduct prohibited by section 609.43 new text begin , including timely
submission of peace officer misconduct data under section 626.8435 new text end , whether or not there
has been a conviction for a violation of that section. The policy must also describe the
procedures that a local law enforcement agency may follow in investigating and disciplining
peace officers alleged to have behaved unprofessionally.

Sec. 5.

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. 6.

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. 7.

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 that employs 50 or more peace officers 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, mental health professionals, clergy, and business
and commercial leaders. A council shall elect a chair from among its members at its first
meeting. The board must develop and publish guidance on the best practices for selecting,
training, and educating oversight council members.
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) At the conclusion of any criminal
investigation or prosecution, if any, 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
make a finding of misconduct and recommend appropriate discipline against peace officers
employed by the agency. If the governing body grants a council the authority, the council
may impose discipline on peace officers employed by the agency. A council shall submit
investigation reports that contain findings of peace officer misconduct to the chief law
enforcement officer and the Peace Officer Standards and Training Board's complaint
committee. A council may also make policy recommendations to the chief law enforcement
officer and the Peace Officer Standards and Training Board. For purposes of this section,
"misconduct" means a violation of law, standards promulgated by the Peace Officer Standards
and Training Board, or agency policy.
new text end

new text begin (b) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subjected to the applicable grievance procedure established or
agreed to under chapter 179A.
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. 8. 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. 9. 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

Sec. 10. new text begin INITIAL APPOINTMENTS; PROPOSED MEETING.
new text end

new text begin Initial appointments to the Police-Community Relations Council established in section
2 must be made no later than August 1, 2020. The executive director of the Peace Officer
Standards and Training Board must convene the council's first meeting no later than
September 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. 11. new text begin APPROPRIATION; PEACE OFFICER COMMUNITY POLICING
EXCELLENCE REPORT DATABASE.
new text end

new text begin (a) $475,000 in fiscal year 2021 is appropriated from the general fund to the Office of
Justice Programs for a grant to a qualified community-based research organization to develop
a system to classify and report peace officer discipline by category, severity, type, and
demographic data of those involved in the incident. The executive director of the Office of
Justice Programs must consult with the Police-Community Relations Council before selecting
a community-based research organization to receive the grant. As part of the system, the
grant recipient must develop and incorporate:
new text end

new text begin (1) a protocol to assign a unique identifier for each peace officer; and
new text end

new text begin (2) safeguards to protect personal identifying information of peace officers.
new text end

new text begin (b) The grant recipient, in consultation with the stakeholder group identified in paragraph
(c), may recommend changes on how to adapt the system under paragraph (a) to collect
additional policing data that corresponds with peace officer interactions with the public
generally and suspects, arrests, and victims specifically.
new text end

new text begin (c) In developing the system described in paragraph (a), the grant recipient shall consult
with the Police-Community Relations Council established under Minnesota Statutes, section
626.8434.
new text end

Sec. 12. new text begin APPROPRIATION; CITIZEN OVERSIGHT COUNCILS.
new text end

new text begin $1,900,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for grants to local units of government to establish and maintain citizen
oversight councils. Up to 2.5 percent of the appropriation may be used by the commissioner
to administer the program.
new text end

ARTICLE 2

POLICIES, TRAINING, REPORTING, APPROPRIATIONS

Section 1.

Minnesota Statutes 2018, section 415.16, subdivision 1, is amended to read:

Subdivision 1.

No exception for on-premises residence.

new text begin Except as provided in
subdivision 1a, new text end notwithstanding any contrary provision of other law, home rule charter,
ordinance or resolution, no statutory or home rule charter city or county shall require that
a person be a resident of the city or county as a condition of employment by the city or
county except for positions which by their duties require the employee to live on the premises
of the person's place of employment.

Sec. 2.

Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Residency requirements for peace officers; hires made on or after July
1, 2020. new text end

new text begin A statutory or home rule charter city or county may require that a person hired as
a peace officer, as defined by section 626.84, subdivision 1, paragraph (c), on or after July
1, 2020, be a resident of the city or county as a condition of employment by the city or
county.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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. 4.

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. 5.

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. 6.

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. 7.

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 unless section 609.066 authorizes the use of deadly force:
new text end

new text begin (1) a chokehold;
new text end

new text begin (2) 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 (3) securing a person in any way that results in transporting the person face down in a
vehicle.
new text end

new text begin (b) For the purposes of this subdivision, "chokehold" means a method by which a person
applies sufficient pressure to a person to make breathing difficult or impossible and includes
but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
to the brain via the carotid arteries.
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. 8.

Minnesota Statutes 2018, section 626.8432, subdivision 2, is amended to read:

Subd. 2.

new text begin Mandatory revocation; new text end discovery of disqualifying conviction after licensure new text begin ;
termination for wrongful use of force new text end .

new text begin (a) new text end The board deleted text begin may suspend or deleted text end new text begin shall new text end revoke a peace
officer or part-time peace officer license when the licensee new text begin :
new text end

new text begin (1) new text end has been convicted of a crime recognized by the board as a crime that would disqualify
the licensee from participating in a professional peace officer education course, taking the
peace officer licensing examination or the part-time peace officer licensing examination,
or maintaining eligibility for licensure under Minnesota Rules, chapter 6700 new text begin ; or
new text end

new text begin (2) is terminated for a violation of the agency's use of force policy, unless the officer's
termination was ordered by a citizen oversight council pursuant to section 626.99, subdivision
5 new text end .

new text begin (b) new text end The authority to suspend or revoke a license shall include all individuals who have
been granted a license when a disqualifying conviction that would have precluded eligibility
for licensure is discovered after licensure.

new text begin (c) If the board revokes the license of an officer under paragraph (a), clause (1), and the
officer is later reinstated after an appeal of the officer's termination, the board must reconsider
the decision to revoke the officer's license. If a court orders that the board reinstate an
officer's license, the board shall comply with the court's order unless the attorney general
appeals the court's ruling on behalf of the board.
new text end

Sec. 9.

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 is intended to increase a peace officer's likelihood or
willingness to use deadly force in encounters with community members.
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. 10.

new text begin [626.8435] MANDATORY REPORTING PEACE OFFICER
TERMINATIONS AND RESIGNATIONS.
new text end

new text begin A chief law enforcement officer must report to the Peace Officer Standards and Training
Board when a peace officer is discharged or resigns from employment due to misconduct
or when a peace officer is suspended or resigns while a misconduct investigation is pending.
The report must be made to the board within ten days after the discharge, suspension, or
resignation has occurred. The board must investigate the report for and the reporting agency
must cooperate in the investigation. Notwithstanding any provision in chapter 13 or any
law to the contrary, upon written request from the board, the law enforcement agency shall
provide the board with information about the peace officer from the agency's files, any
termination or disciplinary proceeding, any settlement or compromise, or any investigative
file.
new text end

Sec. 11.

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 (a) 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 a chokehold;
new text end

new text begin (2) tying all of a person's limbs together behind the person's back to render the person
immobile; and
new text end

new text begin (3) transporting a person face down in a vehicle.
new text end

new text begin (b) For the purposes of this subdivision, "chokehold" means a method by which a person
applies sufficient pressure to a person to make breathing difficult or impossible and includes
but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
breathing, or reduce intake of air. Chokehold also means applying pressure to a person's
neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
to the brain via the carotid arteries.
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. 12.

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) Regardless of tenure or rank, a peace officer must
intercede when:
new text end

new text begin (1) present and observing another peace officer using force in violation of section 609.066,
subdivision 2, or otherwise beyond that which is objectively reasonable under the
circumstances; and
new text end

new text begin (2) physically or verbally 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 in writing
within 24 hours to the chief law enforcement officer of the agency that employs the reporting
peace officer.
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. 13.

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 authorize arbitrators appointed under
this section to hear arbitrations of public employees who are not peace officers.
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 six persons specifically suited and
qualified by training and experience to act as arbitrators for peace officer grievance
arbitrations under this section. Arbitrators appointed to the roster shall only hear grievance
arbitrations for peace officers as provided 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. 14.

Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7,
is amended to read:

Subd. 7. Office of Justice Programs

40,147,000

40,082,000

Appropriations by Fund
General	40,051,000	39,986,000
State Government Special Revenue	96,000	96,000

(a) Base Adjustment

To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,000 in fiscal years 2022 and
2023.

(b) Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.

(c) Indigenous Women Task Force

$105,000 the first year and $45,000 the second
year are for expenses related to the task force
on missing and murdered indigenous women.
new text begin This appropriation is available until June 30,
2021. new text end These are onetime appropriations.

(d) Domestic Abuse Prevention Grants

$200,000 each year is for a grant to a domestic
abuse prevention program that provides
interdisciplinary, trauma-informed treatment
and evidence-informed intervention for
veterans and current or former service
members and their whole families affected by
domestic violence. The grantee must offer a
combination of services for perpetrators of
domestic violence and their families, including
individual and group therapy, evaluation and
research of programming, and short- and
long-term case management services to ensure
stabilization and increase in their overall
mental health functioning and well-being.
These appropriations are onetime.

(e) Criminal Sexual Conduct Statutory
Reform Working Group

$20,000 the first year and $14,000 the second
year are to convene, administer, and
implement the criminal sexual conduct
statutory reform working group. These
appropriations are onetime.

Sec. 15.

Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 4,
is amended to read:

Subd. 4.

Report.

The task force shall report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over public safety, human
services, and state government on the work of the task force, including but not limited to
the issues to be examined in subdivision 1, and shall include in the report institutional
policies and practices or proposed institutional policies and practices that are effective in
reducing gender violence and increasing the safety of indigenous women and girls. The
report shall include recommendations to reduce and end violence against indigenous women
and girls and help victims and communities heal from gender violence and violence against
indigenous women and girls. deleted text begin The deleted text end new text begin A new text end report shall be submitted to the legislative committees
by December 15, 2020 new text begin , and a final report shall be submitted by June 30, 2021 new text end .

Sec. 16.

Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 5,
is amended to read:

Subd. 5.

Expiration.

Notwithstanding Minnesota Statutes, section 15.059, the task force
expires deleted text begin December 31, 2020 deleted text end new text begin June 30, 2021 new text end .

Sec. 17. new text begin APPROPRIATION.
new text end

new text begin $17,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board for costs associated with this act. $15,000 is added to the
board's base.
new text end

Sec. 18. new text begin APPROPRIATION; BUREAU OF MEDIATION SERVICES.
new text end

new text begin $120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of
Mediation Services for rulemaking, staffing, and other costs associated with peace officer
grievance procedures. $47,000 is added to the bureau's base.
new text end