SF 2231

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; clarifying when a peace 
  1.3             officer may recoup attorney fees and costs in a 
  1.4             civilian complaint proceeding; amending Minnesota 
  1.5             Statutes 2002, section 471.44, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 471.44, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [COSTS IN DEFENSE OF CIVILIAN COMPLAINTS.] A home 
  1.10  rule charter or statutory city, town, or county that establishes 
  1.11  a peace officer civilian review authority to review civilian 
  1.12  complaints about alleged peace officer misconduct shall pay the 
  1.13  reasonable costs of legal counsel and reasonable fees incurred 
  1.14  by the officer in defending against a complaint after probable 
  1.15  cause is found if the complaint is a finding that the complaint 
  1.16  is sustained by the authority, and if the complaint is 
  1.17  subsequently not upheld at a hearing before the authority.  If a 
  1.18  complaint against a peace officer is sustained, no payment may 
  1.19  be made under this subdivision.