1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; directing the peace 1.3 officer standards and training board to review its 1.4 minimum standards of conduct every three years; 1.5 providing for automatic license revocation for peace 1.6 officers convicted of felonies; requiring certain 1.7 information to be compiled; requiring a model policy 1.8 regarding professional conduct to be developed; 1.9 directing a study; requiring reports; amending 1.10 Minnesota Statutes 1994, section 626.843, subdivision 1.11 1; proposing coding for new law in Minnesota Statutes, 1.12 chapter 626. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1994, section 626.843, 1.15 subdivision 1, is amended to read: 1.16 Subdivision 1. [RULES REQUIRED.] The board shall adopt 1.17 rules with respect to: 1.18 (a) The certification of peace officer training schools, 1.19 programs, or courses including training schools for the 1.20 Minnesota state patrol. Such schools, programs and courses 1.21 shall include those administered by the state, county, school 1.22 district, municipality, or joint or contractual combinations 1.23 thereof, and shall include preparatory instruction in law 1.24 enforcement and minimum basic training courses; 1.25 (b) Minimum courses of study, attendance requirements, and 1.26 equipment and facilities to be required at each certified peace 1.27 officers training school located within the state; 1.28 (c) Minimum qualifications for instructors at certified 1.29 peace officer training schools located within this state; 2.1 (d) Minimum standards of physical, mental, and educational 2.2 fitness which shall govern the recruitment and licensing of 2.3 peace officers within the state, by any state, county, 2.4 municipality, or joint or contractual combination thereof, 2.5 including members of the Minnesota state patrol; 2.6 (e) Minimum standards of conduct which would affect the 2.7 individual's performance of duties as a peace officer; 2.8 These standards shall be
established andpublished on or2.9 before July 1, 1979. The board shall review the minimum 2.10 standards of conduct described in this paragraph for possible 2.11 modification in 1998 and every three years after that time. 2.12 (f) Minimum basic training which peace officers appointed 2.13 to temporary or probationary terms shall complete before being 2.14 eligible for permanent appointment, and the time within which 2.15 such basic training must be completed following any such 2.16 appointment to a temporary or probationary term; 2.17 (g) Minimum specialized training which part-time peace 2.18 officers shall complete in order to be eligible for continued 2.19 employment as a part-time peace officer or permanent employment 2.20 as a peace officer, and the time within which the specialized 2.21 training must be completed; 2.22 (h) Content of minimum basic training courses required of 2.23 graduates of certified law enforcement training schools or 2.24 programs. Such courses shall not duplicate the content of 2.25 certified academic or general background courses completed by a 2.26 student but shall concentrate on practical skills deemed 2.27 essential for a peace officer. Successful completion of such a 2.28 course shall be deemed satisfaction of the minimum basic 2.29 training requirement; 2.30 (i) Grading, reporting, attendance and other records, and 2.31 certificates of attendance or accomplishment; 2.32 (j) The procedures to be followed by a part-time peace 2.33 officer for notifying the board of intent to pursue the 2.34 specialized training for part-time peace officers who desire to 2.35 become peace officers pursuant to clause (g), and section 2.36 626.845, subdivision 1, clause (g); 3.1 (k) The establishment and use by any political subdivision 3.2 or state law enforcement agency which employs persons licensed 3.3 by the board of procedures for investigation and resolution of 3.4 allegations of misconduct by persons licensed by the board. The 3.5 procedures shall be in writing and shall be established on or 3.6 before October 1, 1984; 3.7 (l) The issues that must be considered by each political 3.8 subdivision and state law enforcement agency that employs 3.9 persons licensed by the board in establishing procedures under 3.10 section 626.5532 to govern the conduct of peace officers who are 3.11 in pursuit of a vehicle being operated in violation of section 3.12 609.487, and requirements for the training of peace officers in 3.13 conducting pursuits. The adoption of specific procedures and 3.14 requirements is within the authority of the political 3.15 subdivision or agency; 3.16 (m) Supervision of part-time peace officers and 3.17 requirements for documentation of hours worked by a part-time 3.18 peace officer who is on active duty. These rules shall be 3.19 adopted by December 31, 1993; and 3.20 (n) Such other matters as may be necessary consistent with 3.21 sections 626.84 to 626.855. Rules promulgated by the attorney 3.22 general with respect to these matters may be continued in force 3.23 by resolution of the board if the board finds the rules to be 3.24 consistent with sections 626.84 to 626.855. 3.25 Sec. 2. [626.8431] [AUTOMATIC LICENSE REVOCATION.] 3.26 The license of a peace officer convicted of a felony is 3.27 automatically revoked. For purposes of this section, 3.28 "conviction" includes a finding of guilt, whether or not the 3.29 adjudication of guilt is stayed or executed, an admission of 3.30 guilt, or a no contest plea. 3.31 Sec. 3. [PEACE OFFICER STANDARDS AND TRAINING BOARD; 3.32 INFORMATION AND REPORTS REQUIRED.] 3.33 Subdivision 1. [INFORMATION REQUIRED TO BE COMPILED BY THE 3.34 PEACE OFFICER STANDARDS AND TRAINING BOARD.] The peace officer 3.35 standards and training board shall compile information on peace 3.36 officers convicted of violating Minnesota Statutes, section 4.1 609.224, subdivision 1. This information must include the 4.2 number of officers convicted, a brief description of the facts 4.3 of each incident, and a brief description of the disposition of 4.4 the case, including any disciplinary action taken or referrals 4.5 made to mental health professionals. 4.6 Subd. 2. [REPORT REQUIRED.] The board shall report to the 4.7 legislature by January 1, 1997, regarding the information 4.8 compiled under subdivision 1. 4.9 Subd. 3. [CHIEF LAW ENFORCEMENT OFFICERS REQUIRED TO 4.10 PROVIDE INFORMATION.] Chief law enforcement officers shall 4.11 cooperate with the board by providing it any relevant 4.12 information on peace officers convicted of violating Minnesota 4.13 Statutes, section 609.224, subdivision 1, within a reasonable 4.14 time after the conviction. 4.15 Sec. 4. [PROFESSIONAL CONDUCT OF PEACE OFFICERS.] 4.16 Subdivision 1. [MODEL POLICY TO BE DEVELOPED.] By July 1, 4.17 1996, the peace officer standards and training board shall 4.18 develop and distribute to all chief law enforcement officers a 4.19 model policy regarding the professional conduct of peace 4.20 officers. The policy must address issues regarding professional 4.21 conduct not addressed by the standards of conduct under 4.22 Minnesota Rules, part 6700.1600. The policy must define 4.23 unprofessional conduct to include, but not be limited to, 4.24 conduct prohibited by Minnesota Statutes, section 609.43. The 4.25 policy must also describe the procedures that a local law 4.26 enforcement agency may follow in investigating and disciplining 4.27 peace officers alleged to have behaved unprofessionally. 4.28 Subd. 2. [CHIEF LAW ENFORCEMENT OFFICERS; WRITTEN POLICY 4.29 REQUIRED.] By January 1, 1997, all chief law enforcement 4.30 officers shall establish and implement a written policy defining 4.31 unprofessional conduct and governing the investigation and 4.32 disposition of cases involving alleged unprofessional conduct by 4.33 peace officers. A chief law enforcement officer shall adopt a 4.34 policy identical or substantially similar to the model policy 4.35 developed by the board under subdivision 1. 4.36 Sec. 5. [STUDY DIRECTED.] 5.1 The peace officer standards and training board, in 5.2 consultation with chief law enforcement officers and peace 5.3 officers, shall conduct a study to determine what statewide 5.4 resources are available to peace officers in need of job-related 5.5 professional counseling. The study must determine to what 5.6 extent existing resources are used, what impediments exist to 5.7 the resources' use, how resources could be better used, and what 5.8 additional resources are required. The board shall report its 5.9 findings to the legislature by July 1, 1996.