SF 4332

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2020 08:53am

A bill for an act
relating to public safety; expanding the reporting of crimes motivated by bias;
amending the crime of property damage motivated by bias; requiring the Peace
Officer Standards and Training Board to update training in recognizing, responding
to, and reporting crimes of bias; requiring law enforcement agencies to adopt
standard policies regarding crimes motivated by bias; appropriating money;
amending Minnesota Statutes 2018, sections 363A.06, subdivision 1; 609.595,
subdivisions 1a, 2; 626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2018, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:

(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments
and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;

(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;

(12) make a written report of the activities of the commissioner to the governor each
year;

(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;

(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;

(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;

(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;

(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text begin and
deleted text end

(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7 deleted text begin . deleted text end new text begin ;
new text end

new text begin (20) collaborate and consult with the Board of Peace Officer Standards and Training
regarding the training of peace officers in identifying crimes motivated by bias pursuant to
sections 626.8451, subdivision 1, and 626.8469, including but not limited to the duty of
peace officers to report crimes motivated by bias under section 626.5531; and
new text end

new text begin (21) solicit, receive, and compile reports from community organizations, school districts
and charter schools, and individuals regarding crimes a community member believes are
motivated by the victim's actual or perceived race, color, creed, religion, national origin,
sex, age, disability, marital status, status with regard to public assistance, familial status,
gender identity, or sexual orientation and develop data on the nature and extent of crimes
motivated by bias and include this information in the report required under clause (12). The
commissioner shall provide information on the department's website about when and how
a victim reports criminal conduct to a law enforcement agency.
new text end

In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.

(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.595, subdivision 1a, is amended to read:

Subd. 1a.

Criminal damage to property in the second degree.

(a) Whoever deleted text begin intentionally deleted text end
causes damage described in subdivision 2, paragraph (a), deleted text begin because of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origin deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or both deleted text begin . deleted text end new text begin if the damage:
new text end

new text begin (1) was motivated in whole or in part by the person's bias against any race, color, religion,
sex, sexual orientation, disability as defined in section 363A.03, age, or national origin; or
new text end

new text begin (2) has a substantial adverse effect or is intended to have a substantial adverse effect on
another because of that person's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin.
new text end

(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 609.595, subdivision 2, is amended to read:

Subd. 2.

Criminal damage to property in the third degree.

(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.

(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent deleted text begin because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origin deleted text end may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500 deleted text begin . deleted text end new text begin and:
new text end

new text begin (1) was motivated in whole or in part by the person's bias against any race, color, religion,
sex, sexual orientation, disability as defined in section 363A.03, age, or national origin; or
new text end

new text begin (2) has a substantial adverse effect or is intended to have a substantial adverse effect on
another because of that person's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin.
new text end

(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 626.5531, subdivision 1, is amended to read:

Subdivision 1.

Reports required.

A peace officer must report to the head of the officer's
department every violation of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the offender was motivated to commit the
act by the victim's new text begin actual or perceived new text end race, religion, national origin, sex, age, disability, or
characteristics identified as sexual orientation. The superintendent of the Bureau of Criminal
Apprehension shall adopt a reporting form to be used by law enforcement agencies in making
the reports required under this section. The reports must include for each incident all of the
following:

(1) the date of the offense;

(2) the location of the offense;

(3) whether the target of the incident is a person, private property, or public property;

(4) the crime committed;

(5) the type of bias and information about the offender and the victim that is relevant to
that bias;

(6) any organized group involved in the incident;

(7) the disposition of the case;

(8) whether the determination that the offense was motivated by bias was based on the
officer's reasonable belief or on the victim's allegation; and

(9) any additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.

Sec. 5.

Minnesota Statutes 2018, section 626.8451, subdivision 1, is amended to read:

Subdivision 1.

Training course; crimes motivated by bias.

new text begin (a) new text end The board must prepare
a training course to assist peace officers in identifying and responding to crimes motivated
by the victim's race, religion, national origin, sex, age, disability, or characteristics identified
as sexual orientation. The course must include material to help officers distinguish bias
crimes from other crimes, to help officers in understanding and assisting victims of these
crimes, and to ensure that bias crimes will be accurately reported as required under section
626.5531. The new text begin board must review the new text end course deleted text begin must be updated periodically deleted text end new text begin every three years
and update it new text end as the board considers appropriate.

new text begin (b) In updating the training course described in paragraph (a), the board must consult
with the commissioner of human rights.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 626.8469, subdivision 1, is amended to read:

Subdivision 1.

In-service training required.

Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
deleted text begin and deleted text end recognizing and valuing community diversity and cultural differences to include implicit
bias training new text begin ; and training to assist peace officers in identifying, responding to, and reporting
crimes motivated by the victim's actual or perceived race, religion, national origin, sex, age,
disability, or characteristics identified as sexual orientation new text end to every peace officer and
part-time peace officer employed by the agency. The training shall comply with learning
objectives developed and approved by the board and shall meet board requirements for
board-approved continuing education credit. new text begin The board shall perform an annual review of
the learning objectives and must consult and collaborate with the commissioner of human
rights in identifying appropriate objectives related to identifying, responding to, and reporting
crimes motivated by the victim's actual or perceived race, religion, national origin, sex, age,
disability, or characteristics identified as sexual orientation. new text end The training shall consist of at
least 16 continuing education credits within an officer's three-year licensing cycle. Each
peace officer with a license renewal date after June 30, 2018, is not required to complete
this training until the officer's next full three-year licensing cycle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 7.

new text begin [626.8474] IDENTIFYING, RESPONDING TO, AND REPORTING CRIMES
MOTIVATED BY BIAS; WRITTEN POLICY REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Statewide model policy. new text end

new text begin (a) The Board of Peace Officer Standards and
Training shall consult with the commissioner of human rights in developing a model policy
to identify, respond to, and report crimes motivated by the victim's actual or perceived race,
religion, national origin, sex, age, disability, or characteristics identified as sexual orientation.
The policy shall, at a minimum, include the following components:
new text end

new text begin (1) a statement describing the philosophy of the model policy;
new text end

new text begin (2) the factors to be considered in identifying crimes motivated by bias;
new text end

new text begin (3) a requirement to collect data on crimes motivated by other factors including creed,
marital status, status with regard to public assistance, familial status, or the victim's actual
or perceived self-image or identity not traditionally associated with one's biological maleness
or femaleness;
new text end

new text begin (4) the role of a victim's allegation in identifying, responding to, and reporting crimes
motivated by bias;
new text end

new text begin (5) appropriate methods for referring victims to other agencies and organizations to
report crimes motivated by bias;
new text end

new text begin (6) the procedures and effective approaches to be used in responding to crimes motivated
by bias;
new text end

new text begin (7) the responsibilities of officers responding to the report of crimes motivated by bias,
including but not limited to the responsibility to report crimes including those whose
prosecution is referred to federal prosecutors; and
new text end

new text begin (8) the procedures used to evaluate each response.
new text end

new text begin (b) The board shall adopt a model policy and distribute the model policy to all chief law
enforcement officers by July 1, 2021. The board must review the model policy every three
years and update it as the board considers appropriate.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin (a) By November 1, 2021, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy governing the procedures to be used in identifying and responding to crimes motivated
by the victim's race, religion, national origin, sex, age, disability, or characteristics identified
as sexual orientation. The chief law enforcement officer also must ensure that each peace
officer is aware of the policy's purpose.
new text end

new text begin (b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 1. Following any update to the model policy adopted
by the board, the chief law enforcement officer of every state and local law enforcement
agency shall review and, if necessary, update the policy adopted by the law enforcement
agency.
new text end

new text begin (c) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with the board's model policy.
new text end

new text begin (d) The board shall assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 8. new text begin UPDATED TRAINING MATERIALS; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the Board of Peace
Officer Standards and Training to update the training course on crimes motivated by bias
required under Minnesota Statutes, section 626.8451, subdivision 1, and to develop a model
policy for use by law enforcement agencies in identifying and responding to crimes motivated
by bias. This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 9. new text begin COLLECTION OF DATA; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
human rights to collect and compile data on crimes motivated by bias, and to consult with
the Board of Peace Officer Standards and Training for the purpose of updating the training
course on crimes motivated by bias and to develop a model policy for use by law enforcement
agencies in identifying and responding to crimes motivated by bias.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end