SF 2141

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 08:35am

A bill for an act
relating to public safety; expanding the grounds that justify the Peace Officer
Standards and Training Board to take licensure action against peace officers;
amending Minnesota Statutes 2020, section 626.8432, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 626.8432, subdivision 1, is amended to read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:

(1) fraud or misrepresentation in obtaining a license;

(2) failure to meet licensure requirements; deleted text begin or
deleted text end

(3) new text begin engaging in conduct prohibited by, or listed as, grounds for disciplinary action in
this chapter, chapter 214, or sections 626.84 to 626.90, engaging in conduct that violates
any statute enforced by the board, or new text end a violation of the standards of conduct set forth in
Minnesota Rules, chapter 6700 deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) being convicted of a felony, gross misdemeanor, or misdemeanor in this state, or in
any other state or federal jurisdiction of an offense that would constitute a felony, gross
misdemeanor, misdemeanor if committed in Minnesota including a finding or verdict of
guilt, whether or not the adjudication of guilt is withheld or not entered, an admission of
guilt, or no contest;
new text end

new text begin (5) having been the subject of revocation, suspension, or surrender of a peace officer
license or certificate in resolution of a complaint or other adverse action relating to licensing
or certification in another jurisdiction;
new text end

new text begin (6) failing to report the revocation, suspension, or surrender of a license or certificate
in resolution of a complaint, or other disciplinary or adverse action taken against a licensee
in this or another jurisdiction, or having been refused a license or certificate by any other
jurisdiction;
new text end

new text begin (7) being adjudicated by a court of competent jurisdiction, inside or outside of this state,
as incapacitated, lacking the capacity to serve as a peace officer, chemically dependent,
mentally ill and dangerous to the public, or as having a psychopathic personality, or required
to register as a predatory offender under section 243.166 or 243.167;
new text end

new text begin (8) violating any order issued by the board;
new text end

new text begin (9) practicing outside the scope of section 626.863;
new text end

new text begin (10) making an intentional false statement or misrepresentation to the board;
new text end

new text begin (11) engaging in sexual penetration or contact without consent, as defined in section
609.341, or engaging in conduct that violates section 617.23. Sexual contact does not include
contact that is part of standard police procedure such as search and arrest;
new text end

new text begin (12) failing to cooperate with an investigation of the board as required by Minnesota
Rules, part 6700.1610, subpart 4;
new text end

new text begin (13) engaging in sexual harassment, as defined in section 363A.03, subdivision 43;
new text end

new text begin (14) using deadly force when not authorized by section 609.066; or
new text end

new text begin (15) conduct unbecoming an officer.
new text end

(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.

new text begin (c) For purposes of this section, "conduct unbecoming an officer" means any conduct
for which the board finds an officer violated a mandatory policy or acts in a manner that:
new text end

new text begin (1) adversely affects the morale, operations, or efficiency of the officer's department;
new text end

new text begin (2) has a tendency to adversely affect, lower, or destroy public respect, trust, or confidence
in law enforcement or the officer's department or colleagues;
new text end

new text begin (3) brings the officer's department or colleagues into disrepute; or
new text end

new text begin (4) brings discredit upon the officer's department or colleagues.
new text end