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SF 2776

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 09:50am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; prohibiting retaliation against peace officers who intercede
against or report on use of excessive force; providing for civil remedies; amending
Minnesota Statutes 2020, section 626.8452, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Prohibition against retaliation; employers. new text end

new text begin (a) An employer or supervisor
shall not discharge, discipline, threaten, retaliate, otherwise discriminate against, or penalize
a peace officer regarding the officer's compensation, terms, conditions, location, or privileges
of employment because the officer interceded or made a report in compliance with section
626.8475 or a policy adopted under subdivision 1a regarding another employee or peace
officer who used excessive force.
new text end

new text begin (b) A court may order the employer or supervisor 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 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, 2022, and applies to causes
of action accruing on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Prohibition against retaliation; fellow officers. new text end

new text begin (a) A peace officer or
employee of a law enforcement agency may not threaten, harass, retaliate, or otherwise
discriminate against a peace officer because the officer interceded or made a report in
compliance with section 626.8475 or a policy adopted under subdivision 1a regarding
another employee or peace officer who used excessive force.
new text end

new text begin (b) A person who violates paragraph (a) is subject to disciplinary action as determined
by the chief law enforcement officer of the agency employing the person.
new text end

new text begin (c) A peace officer who is the victim of conduct prohibited in paragraph (a) may bring
a civil action for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief 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, 2022, and applies to causes
of action accruing on or after that date.
new text end