SF 426

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 09:47am

A bill for an act
relating to public safety; authorizing law enforcement agencies to share criminal
history background check data with Minnesota Board of Peace Officer Standards
and Training; expanding access to information for law enforcement hiring;
amending Minnesota Statutes 2022, section 626.87, subdivisions 2, 3, 5, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 626.87, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Background records checks. new text end

new text begin (a) The law enforcement agency must request
a criminal history background check from the superintendent of the Bureau of Criminal
Apprehension on an applicant for employment as a licensed peace officer or an applicant
for a position leading to employment as a licensed peace officer within the state of Minnesota
to determine eligibility for licensing. Applicants must provide, for submission to the
superintendent of the Bureau of Criminal Apprehension:
new text end

new text begin (1) an executed criminal history consent form, authorizing the dissemination of state
and federal records to the law enforcement agency and the Minnesota Board of Peace Officer
Standards and Training and fingerprints; and
new text end

new text begin (2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
new text end

new text begin (b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange the applicant's fingerprints with the Federal
Bureau of Investigation to obtain their national criminal history record information. The
superintendent must return the results of the Minnesota and federal criminal history records
checks to the law enforcement agency who is authorized to share with the Minnesota Board
of Peace Officer Standards and Training to determine if the individual is eligible for licensing
under Minnesota Rules, chapter 6700.
new text end

Sec. 2.

Minnesota Statutes 2022, section 626.87, subdivision 2, is amended to read:

Subd. 2.

Disclosure of employment information.

Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1 new text begin or who is a candidate for employment with a law enforcement agency in any
other capacity new text end . The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text begin original deleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begin a sworn peace officer or other deleted text end new text begin an new text end authorized
representative of the law enforcement agency conducting the background investigation.

Sec. 3.

Minnesota Statutes 2022, section 626.87, subdivision 3, is amended to read:

Subd. 3.

Refusal to disclose a personnel record.

If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begin a sworn peace officer deleted text end new text begin an authorized representative new text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text begin original deleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text begin peace officer deleted text end new text begin person new text end requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text begin or entity new text end who fails
to comply to civil or criminal contempt of court.

Sec. 4.

Minnesota Statutes 2022, section 626.87, subdivision 5, is amended to read:

Subd. 5.

Notice of investigation.

Upon initiation of a background investigation deleted text begin under
this section deleted text end new text begin for a person described in subdivision 1 new text end , the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:

(1) the candidate's full name and date of birth; and

(2) the candidate's peace officer license number, if known.

The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.