SF 138

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 08:11am

A bill for an act
relating to public safety; imposing duties on peace officers regarding reporting
malfeasance, intervening to prevent the excessive use of force, and using force;
requiring law enforcement agencies to adopt updated policies regarding the use
of force by peace officers; authorizing rulemaking; imposing criminal penalties;
amending Minnesota Statutes 2018, section 626.8452, subdivision 2, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 626.

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 November 1, 2020, the head of every local
and state law enforcement agency shall establish and enforce an updated written policy
regarding the use of force described in subdivision 1 and a peace officer's duties regarding
it. At a minimum, this updated policy must be consistent with section 626.895, subdivision
2.
new text end

new text begin (b) When adopting the policy described in paragraph (a), the head of the agency shall
reach out to and collaborate with community and faith-based leaders and ensure broad
community-based involvement in the development of the policy. Upon the adoption of the
policy, the head of the agency shall broadly disseminate the policy throughout the community
that the agency serves.
new text end

new text begin (c) By November 15, 2020, the head of the agency shall forward the policy required by
this subdivision to the board.
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.

new text begin [626.895] DUTIES OF PEACE OFFICERS; CRIME.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, "board" and "peace officer" have
the meanings given in section 626.84.
new text end

new text begin Subd. 2. new text end

new text begin Duties imposed. new text end

new text begin (a) In addition to other duties imposed on peace officers by
law or policy, every peace officer, whether on or off duty, has the obligation to:
new text end

new text begin (1) report all suspected incidents of illegal, unethical, dishonest, or unauthorized conduct,
or any other malfeasance, including but not limited to the use of excessive force, involving
the actions of another peace officer to the chief law enforcement officer of the officer's
agency and, if the incident occurs in another jurisdiction, to the chief law enforcement
officer of that jurisdiction; and
new text end

new text begin (2) immediately investigate any incident involving the use of force by another peace
officer that takes place in the officer's presence and determine whether the force being used
is justified or excessive under the circumstances and if so take reasonable measures to
intervene to stop the use of the force and then render immediate reasonable assistance to
the victim.
new text end

new text begin If the conduct described in clause (1) is committed by a chief law enforcement officer, the
officer reporting the action shall report it to the governing body having jurisdiction over
the law enforcement agency.
new text end

new text begin (b) Subject to sections 609.06, 609.065, and 609.066, a peace officer has the following
obligations regarding the use of force:
new text end

new text begin (1) to consider the sanctity of life as a core value before using force;
new text end

new text begin (2) to de-escalate situations before using force whenever doing so does not compromise
the officer's safety;
new text end

new text begin (3) to use only force that is reasonable, necessary, and proportionate under the
circumstances; and
new text end

new text begin (4) to use sound tactics before using force, including but not limited to time, distance,
and cover, to reduce the need to use force.
new text end

new text begin (c) When determining whether an officer has complied with the requirements of
paragraphs (a) and (b), the standard is what is objectively reasonable under the circumstances
based on what a reasonable peace officer would do under the totality of the circumstances.
new text end

new text begin Subd. 3. new text end

new text begin Penalties for violation. new text end

new text begin (a) The board may impose licensing sanctions, including
but not limited to the suspension or revocation of the officer's license, on a peace officer
who fails to comply with subdivision 2.
new text end

new text begin (b) In addition to licensing sanctions under paragraph (a), a peace officer who knowingly
violates an obligation imposed under subdivision 2 is guilty of a gross misdemeanor.
new text end

new text begin (c) It is an affirmative defense to a charge under paragraph (b) if the defendant proves
by a preponderance of the evidence that the defendant failed to perform the duty imposed
because the defendant reasonably perceived that doing so would pose a significant risk of
bodily harm to the defendant or others.
new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The board may adopt rules to implement subdivision 3, paragraph
(a).
new text end

new text begin Subd. 5. new text end

new text begin Prohibition against employer retaliation. new text end

new text begin (a) An employer shall not discharge,
discipline, threaten, otherwise discriminate against, or penalize a peace officer regarding
the officer's compensation, terms, conditions, location, or privileges of employment, because
the officer made a report as required under subdivision 2, paragraph (a), clause (1).
new text end

new text begin (b) An employer who violates paragraph (a) is guilty of a misdemeanor. In addition to
any criminal penalty imposed, the court may order the employer to pay back wages and
offer job reinstatement to any officer discharged from employment in violation of paragraph
(a).
new text end

new text begin (c) In addition to any remedies otherwise provided by law, a peace officer injured by a
violation of paragraph (a) may bring a civil action for recovery of damages, together with
costs and disbursements, including reasonable attorney fees, and may receive such injunctive
and other equitable relief, including reinstatement, as determined by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end