SF 2411

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; amending the government tort 
  1.3             liability law to presume that a peace officer is 
  1.4             acting within the scope of employment; providing 
  1.5             criminal penalties for persons who knowingly make 
  1.6             false allegations of misconduct against peace officers 
  1.7             in civil actions; amending Minnesota Statutes 1994, 
  1.8             section 466.07, subdivision 1, and by adding a 
  1.9             subdivision; proposing coding for new law in Minnesota 
  1.10            Statutes, chapter 609. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 466.07, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [INDEMNIFICATION REQUIRED.] Subject to the 
  1.15  limitations in section 466.04, and except as otherwise provided 
  1.16  by subdivision 5, a municipality or an instrumentality of a 
  1.17  municipality shall defend and indemnify any of its officers and 
  1.18  employees, whether elective or appointive, for damages, 
  1.19  including punitive damages, claimed or levied against the 
  1.20  officer or employee, provided that the officer or employee: 
  1.21     (1) was acting in the performance of the duties of the 
  1.22  position; and 
  1.23     (2) was not guilty of malfeasance in office, willful 
  1.24  neglect of duty, or bad faith.  
  1.25     Notwithstanding any provisions to the contrary in section 
  1.26  127.03, subdivision 2 or 466.12, this section applies to all 
  1.27  school districts, however organized. 
  1.28     Sec. 2.  Minnesota Statutes 1994, section 466.07, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 5.  [PEACE OFFICERS.] A municipality shall defend, 
  2.3   save harmless, and indemnify a peace officer against attorneys' 
  2.4   fees, costs, and expenses actually and reasonably incurred in 
  2.5   connection with a tort, civil, or equitable claim or demand 
  2.6   arising out of an alleged act or omission that occurs while the 
  2.7   peace officer is acting within the scope of employment during 
  2.8   the period of employment.  The peace officer is presumed to have 
  2.9   been acting within the scope of employment unless the trier of 
  2.10  fact determines otherwise, by clear and convincing evidence, 
  2.11  based on the circumstances of the case.  This subdivision 
  2.12  applies if the peace officer provides complete disclosure and 
  2.13  cooperation in the defense of the claim or demand. 
  2.14     Sec. 3.  [609.508] [FALSE ALLEGATIONS OF PEACE OFFICER 
  2.15  MISCONDUCT.] 
  2.16     It is a gross misdemeanor for any person knowingly to make 
  2.17  a false statement in a charge or complaint against a peace 
  2.18  officer in any civil action filed in state court under chapter 
  2.19  363 or United States Code, title 42, section 1983, or alleging 
  2.20  assault, battery, false arrest, false imprisonment, or 
  2.21  defamation. 
  2.22     Sec. 4.  [EFFECTIVE DATE.] 
  2.23     Sections 1 to 3 are effective July 1, 1996, and apply to 
  2.24  crimes committed and acts committed on or after that date.