SF 1786

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 06/17/2019 10:03am

A bill for an act
relating to public safety; requiring reporting and policies for sexual assaults;
amending the definition of mentally incapacitated in the sexual assault crimes;
allowing sexual assault crimes to be reported to any law enforcement agency;
amending Minnesota Statutes 2018, section 609.341, subdivision 7; proposing
coding for new law in Minnesota Statutes, chapters 299A; 609; 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299A.90] SEXUAL ASSAULTS; ANNUAL REPORT.
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, "sexual assault" means any violation
of sections 609.342 to 609.3453; and "summary data" has the meaning given in section
13.02, subdivision 19.
new text end

new text begin Subd. 2. new text end

new text begin Reporting required. new text end

new text begin (a) Each state and local law enforcement agency must
report information on sexual assaults occurring within the agency's jurisdiction to the
commissioner of public safety in the manner and with the frequency specified by the
commissioner. The commissioner must annually report, at a minimum, the following
information on sexual assaults occurring in the previous calendar year:
new text end

new text begin (1) the number of cases that were reported to a law enforcement agency;
new text end

new text begin (2) the number of cases that were assigned by a law enforcement agency to an
investigator;
new text end

new text begin (3) the number of cases that were assigned by a law enforcement agency to and
investigated by an investigator who within the preceding three years had completed training
on trauma-informed, victim-centered techniques;
new text end

new text begin (4) the number of cases referred by a law enforcement agency to a prosecutor;
new text end

new text begin (5) the number of cases charged by a prosecutor;
new text end

new text begin (6) the number of cases dismissed or not pursued by a prosecutor; and
new text end

new text begin (7) the number of cases that resulted in a conviction.
new text end

new text begin (b) The commissioner must report the information required under this section both in
the aggregate and separated out by individual law enforcement agency.
new text end

new text begin (c) Reports and data required under this section must be prepared and published as
summary data.
new text end

new text begin (d) The commissioner must publish the reports required in this section on the department's
website and submit them to the chairs and ranking minority members of the house of
representatives and senate committees and divisions having jurisdiction over criminal justice
policy and finance.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.341, subdivision 7, is amended to read:

Subd. 7.

Mentally incapacitated.

"Mentally incapacitated" means that new text begin : (1) new text end a person new text begin is
new text end under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered
to that person without the person's agreement deleted text begin , deleted text end new text begin ; or (2) a person is significantly impaired by
alcohol, a narcotic, anesthetic, or any other substance; and new text end lacks the judgment to give a
reasoned consent to sexual contact or sexual penetration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [609.3459] LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
new text end

new text begin (a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts.
new text end

new text begin (b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299A.90 or 299C.06, but must confirm
that the other law enforcement agency has received the referral.
new text end

Sec. 4.

new text begin [626.8442] POLICIES ON SEXUAL ASSAULTS.
new text end

new text begin (a) The chief law enforcement officer of every state and local law enforcement agency
must establish and enforce a written policy addressing how the agency will respond to and
investigate reports of sexual assault. The policy must substantially incorporate the main
items from the board's model policy on responding to reports of sexual assault, but also
may expand on the board's policy. As an alternative, the policy may be identical to the
board's policy.
new text end

new text begin (b) Each chief law enforcement officer must certify to the board that the policy described
in paragraph (a) is in place and being enforced and forward a copy of the policy to the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Chief
law enforcement officers must comply with this section's requirements by October 1, 2019.
new text end