SF 769

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring the peace officer 
  1.3             standards and training board to adopt a new or revised 
  1.4             model policy governing police pursuits of fleeing 
  1.5             suspects; requiring municipal and state law 
  1.6             enforcement agencies to adopt new or revised agency 
  1.7             policies on police pursuits in compliance with the 
  1.8             state model policy; requiring pre-service and 
  1.9             in-service peace officer training in conducting police 
  1.10            pursuits and other emergency vehicle operations; 
  1.11            requiring the commissioner of public safety to 
  1.12            administer a tire deflator distribution program and a 
  1.13            driving simulator distribution program; appropriating 
  1.14            money for police pursuit training, tire deflators, and 
  1.15            four computer-controlled driving simulators; 
  1.16            appropriating money; amending Minnesota Statutes 1998, 
  1.17            sections 626.5532; and 626.845, subdivision 1; 
  1.18            proposing coding for new law in Minnesota Statutes, 
  1.19            chapter 626. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1998, section 626.5532, is 
  1.22  amended to read: 
  1.23     626.5532 [PURSUIT OF FLEEING SUSPECTS BY PEACE OFFICERS; 
  1.24  REPORTS.] 
  1.25     Subdivision 1.  [REPORTS.] If a peace officer pursues a 
  1.26  fleeing suspect, the officer's department head must file a 
  1.27  notice of the incident with the commissioner of public safety 
  1.28  within 30 days following the pursuit.  A pursuit must be 
  1.29  reported under this section if it is a pursuit by a peace 
  1.30  officer of a motor vehicle being operated in violation of 
  1.31  section 609.487.  The notice must contain information concerning 
  1.32  the reason for and circumstances surrounding the pursuit, 
  2.1   including the alleged offense, the length of the pursuit in 
  2.2   distance and time, the outcome of the pursuit, any charges filed 
  2.3   against the suspect as a result of the pursuit, injuries and 
  2.4   property damage resulting from the pursuit, and other 
  2.5   information deemed relevant by the commissioner.  
  2.6      Subd. 2.  [LOCAL GOVERNMENTS TO ADOPT PROCEDURES AND 
  2.7   TRAINING REQUIREMENTS.] Each political subdivision and state law 
  2.8   enforcement agency that employs persons licensed by the peace 
  2.9   officer standards and training board under section 626.845 must 
  2.10  establish written procedures to govern the conduct of peace 
  2.11  officers who are in pursuit of a vehicle being operated in 
  2.12  violation of section 609.487, and requirements for the training 
  2.13  of peace officers in conducting pursuits.  The procedures must 
  2.14  state how peace officers will provide assistance to a person 
  2.15  injured during the course of a pursuit.  A political subdivision 
  2.16  or agency that does not establish procedures and requirements by 
  2.17  October 1, 1989, is subject to licensing sanctions of the peace 
  2.18  officer standards and training board. 
  2.19     Sec. 2.  Minnesota Statutes 1998, section 626.845, 
  2.20  subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
  2.22  the following powers and duties: 
  2.23     (a) To certify peace officers' training schools or programs 
  2.24  administered by state, county and municipalities located within 
  2.25  this state in whole or in part no later than 90 days after 
  2.26  receipt of an application for certification.  The reasons for 
  2.27  noncertification of any school or program or part thereof shall 
  2.28  be transmitted to the school within 90 days and shall contain a 
  2.29  detailed explanation of the reasons for which the school or 
  2.30  program was disapproved and an explanation of what supporting 
  2.31  material or other requirements are necessary for the board to 
  2.32  reconsider.  Disapproval of a school or program shall not 
  2.33  preclude the reapplication for certification of the school or 
  2.34  program; 
  2.35     (b) To issue certificates to schools, and to revoke such 
  2.36  certification when necessary to maintain the objectives and 
  3.1   purposes of sections 626.841 to 626.863; 
  3.2      (c) To certify, as qualified, instructors at peace officer 
  3.3   training schools, and to issue appropriate certificates to such 
  3.4   instructors; 
  3.5      (d) To license peace officers who have satisfactorily 
  3.6   completed certified basic training programs, and passed 
  3.7   examinations as required by the board; 
  3.8      (e) To cause studies and surveys to be made relating to the 
  3.9   establishment, operation, and approval of state, county, and 
  3.10  municipal peace officer training schools; 
  3.11     (f) To consult and cooperate with state, county, and 
  3.12  municipal peace officer training schools for the development of 
  3.13  in-service training programs for peace officers; 
  3.14     (g) To consult and cooperate with universities, colleges, 
  3.15  and technical colleges for the development of specialized 
  3.16  courses of instruction and study in the state for peace officers 
  3.17  and part-time peace officers in police science and police 
  3.18  administration; 
  3.19     (h) To consult and cooperate with other departments and 
  3.20  agencies of the state and federal government concerned with 
  3.21  peace officer standards and training; 
  3.22     (i) To perform such other acts as may be necessary and 
  3.23  appropriate to carry out the powers and duties as set forth in 
  3.24  the provisions of sections 626.841 to 626.863; 
  3.25     (j) To coordinate the provision, on a regional basis, of 
  3.26  skills oriented basic training courses to graduates of certified 
  3.27  law enforcement training schools or programs; 
  3.28     (k) To obtain criminal conviction data for persons seeking 
  3.29  a license to be issued or possessing a license issued by the 
  3.30  board.  The board shall have authority to obtain criminal 
  3.31  conviction data to the full extent that any other law 
  3.32  enforcement agency, as that term is defined by state or federal 
  3.33  law, has to obtain the data; 
  3.34     (l) To prepare and transmit annually to the governor a 
  3.35  report of its activities with respect to allocation of moneys 
  3.36  appropriated to it for peace officers training, including the 
  4.1   name and address of each recipient of money for that purpose, 
  4.2   the amount awarded, and the purpose of the award; and 
  4.3      (m) To assist and cooperate with any political subdivision 
  4.4   or state law enforcement agency which employs persons licensed 
  4.5   by the board to establish written procedures for the 
  4.6   investigation and resolution of allegations of misconduct of 
  4.7   persons licensed by the board, and to enforce licensing 
  4.8   sanctions for failure to implement such procedures; and 
  4.9      (n) To assist and cooperate with political subdivisions and 
  4.10  state law enforcement agencies that employ persons licensed by 
  4.11  the board in establishing written procedures to govern the 
  4.12  conduct of peace officers who are in pursuit of a vehicle in 
  4.13  violation of section 609.487, and requirements for the training 
  4.14  of peace officers in conducting pursuits.  The board may impose 
  4.15  licensing sanctions for failure to establish pursuit procedures 
  4.16  and training requirements by October 1, 1989.  
  4.17     In addition, the board may maintain data received from law 
  4.18  enforcement agencies under section 626.87, subdivision 5, 
  4.19  provide the data to requesting law enforcement agencies who are 
  4.20  conducting background investigations, and maintain data on 
  4.21  applicants and licensees as part of peace officer license data.  
  4.22  The data that may be maintained include the name of the law 
  4.23  enforcement agency conducting the investigation and data on the 
  4.24  candidate provided under section 626.87, subdivision 5, clauses 
  4.25  (1) and (2). 
  4.26     Sec. 3.  [626.8458] [VEHICLE PURSUITS; POLICIES AND 
  4.27  INSTRUCTION REQUIRED.] 
  4.28     Subdivision 1.  [PURPOSE.] The legislature finds that 
  4.29  emergency vehicle operations are an integral part of law 
  4.30  enforcement's commitment to public safety.  Law enforcement 
  4.31  agencies shall make reasonable efforts to guide their officers 
  4.32  in the safe and responsible performance of their emergency 
  4.33  response duties.  Although laws and rules provide the foundation 
  4.34  for the conduct of law enforcement officers, continuous and 
  4.35  effective training is essential to ensure proper law enforcement 
  4.36  action during emergency vehicle operations, including police 
  5.1   pursuits.  This training must be designed to give officers both 
  5.2   skills and decision-making ability so that emergency vehicle 
  5.3   operations can be resolved safely and successfully. 
  5.4      Subd. 2.  [STATEWIDE MODEL POLICY.] (a) By December 31, 
  5.5   1999, the board shall adopt a new or revised model policy 
  5.6   governing the conduct of peace officers who are in pursuit of a 
  5.7   vehicle being operated in violation of section 609.487.  In 
  5.8   order to assist peace officers in responding to the complex and 
  5.9   unpredictable factors associated with police pursuits, the model 
  5.10  policy shall, at a minimum, contain the following components: 
  5.11     (1) a statement describing the philosophy of the model 
  5.12  policy.  This philosophy must state that the safety of all 
  5.13  persons involved in or by a police pursuit is of primary 
  5.14  importance.  It also must balance the risks of the pursuit to 
  5.15  the public and peace officers with the consequences of failing 
  5.16  to pursue; 
  5.17     (2) the factors to be considered in initiating and 
  5.18  terminating a pursuit, and the standards for evaluating the need 
  5.19  to initiate or terminate a pursuit; 
  5.20     (3) the procedures, tactics, and technologies used during 
  5.21  pursuits; 
  5.22     (4) the various responsibilities of the pursuing officers, 
  5.23  the officer supervising the pursuit, the dispatcher, and air 
  5.24  support; 
  5.25     (5) the procedures governing interjurisdictional pursuits; 
  5.26     (6) the procedures governing care of any persons injured in 
  5.27  the course of the pursuit; 
  5.28     (7) the contents of pursuit reports filed under section 
  5.29  626.5532; and 
  5.30     (8) the procedures used to evaluate each pursuit. 
  5.31     (b) The board shall review and, as necessary, revise the 
  5.32  model pursuit policy in collaboration with the Minnesota chiefs 
  5.33  of police association, the Minnesota sheriffs association, the 
  5.34  Minnesota police and peace officers association, and other 
  5.35  interested law enforcement industry groups. 
  5.36     Subd. 3.  [LOCAL AGENCY POLICIES REQUIRED.] (a) The chief 
  6.1   law enforcement officer of every municipal and state law 
  6.2   enforcement agency must establish and enforce a written policy 
  6.3   governing the conduct of peace officers employed by the agency 
  6.4   who are in pursuit of a vehicle being operated in violation of 
  6.5   section 609.487.  The policy must, at a minimum, comply with the 
  6.6   requirements of any new or revised model pursuit policy adopted 
  6.7   by the board under subdivision 2 and must take into account any 
  6.8   pursuit vehicle technology that is available to the agency. 
  6.9      (b) Every municipal and state law enforcement agency must 
  6.10  certify annually to the board that it has adopted a written 
  6.11  policy in compliance with the board's model pursuit policy. 
  6.12     (c) The board shall assist the chief law enforcement 
  6.13  officer of each municipal and state law enforcement agency in 
  6.14  developing and implementing pursuit policies under this 
  6.15  subdivision. 
  6.16     Subd. 4.  [PRE-SERVICE TRAINING IN POLICE PURSUITS 
  6.17  REQUIRED.] (a) The board shall prepare learning objectives for 
  6.18  instructing peace officers in emergency vehicle operations and 
  6.19  in the conduct of police pursuits.  The course shall consist of 
  6.20  at least seven hours of classroom and skills-based training. 
  6.21     (b) An individual is not eligible to take the peace officer 
  6.22  licensing examination on or after July 1, 2000, unless the 
  6.23  individual has received the training described in paragraph (a). 
  6.24     Subd. 5.  [IN-SERVICE TRAINING IN POLICE PURSUITS 
  6.25  REQUIRED.] (a) The chief law enforcement officer of every 
  6.26  municipal and state law enforcement agency shall provide 
  6.27  in-service training in emergency vehicle operations and in the 
  6.28  conduct of police pursuits to every peace officer and part-time 
  6.29  peace officer employed by the agency.  The training shall comply 
  6.30  with learning objectives developed and approved by the board and 
  6.31  shall consist of at least four hours of classroom and 
  6.32  skills-based training. 
  6.33     (b) A peace officer is not eligible for license renewal on 
  6.34  or after July 1, 2000, unless the officer has received the 
  6.35  training described in paragraph (a). 
  6.36     Subd. 6.  [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 
  7.1   board may impose licensing sanctions and seek injunctive relief 
  7.2   under section 214.11 for failure to comply with the requirements 
  7.3   of this section. 
  7.4      Sec. 4.  [TIRE DEFLATOR DISTRIBUTION PROGRAM.] 
  7.5      Subdivision 1.  [DISTRIBUTION PROGRAM.] (a) The 
  7.6   commissioner of public safety shall administer a program to 
  7.7   distribute tire deflators to municipal law enforcement agencies 
  7.8   selected by the commissioner of public safety.  The number of 
  7.9   tire deflators distributed to each municipal law enforcement 
  7.10  agency may not exceed the number of marked squad cars used by 
  7.11  the agency. 
  7.12     (b) Before any decisions are made on which law enforcement 
  7.13  agencies will receive tire deflators, a committee consisting of 
  7.14  a representative from the Minnesota chiefs of police 
  7.15  association, a representative from the Minnesota sheriffs 
  7.16  association, and a representative from the Minnesota police and 
  7.17  peace officers association shall evaluate the applications.  The 
  7.18  commissioner shall consult with the committee concerning its 
  7.19  evaluation and recommendations on distribution proposals prior 
  7.20  to making a final decision on distribution.  
  7.21     Subd. 2.  [REQUIREMENTS.] Law enforcement agencies that 
  7.22  receive tire deflators under this section must: 
  7.23     (1) provide any necessary training to their employees 
  7.24  concerning use of the tire deflators; and 
  7.25     (2) compile statistics on use of the tire deflators and the 
  7.26  results, and report this information to the commissioner as 
  7.27  required. 
  7.28     Subd. 3.  [REPORT.] By January 15, 2001, the commissioner 
  7.29  shall report to the chairs and ranking minority members of the 
  7.30  house and senate committees and divisions having jurisdiction 
  7.31  over criminal justice matters on the tire deflators distributed 
  7.32  under this section.  
  7.33     Sec. 5.  [DRIVING SIMULATOR DISTRIBUTION PROGRAM.] 
  7.34     Subdivision 1.  [DISTRIBUTION PROGRAM.] (a) The 
  7.35  commissioner of public safety shall administer a program to 
  7.36  distribute computer-controlled driving simulators to local law 
  8.1   enforcement agencies or POST-certified skills programs selected 
  8.2   by the commissioner of public safety. 
  8.3      (b) Before any decisions are made on which law enforcement 
  8.4   agencies will receive driving simulators, a committee consisting 
  8.5   of a representative from the Minnesota chiefs of police 
  8.6   association, a representative from the Minnesota sheriffs 
  8.7   association, and a representative from the Minnesota police and 
  8.8   peace officers association shall evaluate the applications.  The 
  8.9   commissioner shall consult with the committee concerning its 
  8.10  evaluation and recommendations on distribution proposals prior 
  8.11  to making a final decision on distribution.  
  8.12     Subd. 2.  [REQUIREMENTS.] Law enforcement agencies or 
  8.13  POST-certified skills programs that receive a 
  8.14  computer-controlled driving simulator under this section must: 
  8.15     (1) provide necessary training to their employees in 
  8.16  emergency vehicle operations and in the conduct of police 
  8.17  pursuits; 
  8.18     (2) provide a five-year plan for maintaining the hardware 
  8.19  necessary to operate the driving simulator; 
  8.20     (3) provide a five-year plan to update software necessary 
  8.21  to operate the driving simulators; 
  8.22     (4) provide a plan to make the driving simulators available 
  8.23  at a reasonable cost and with reasonable availability to other 
  8.24  law enforcement agencies to train their officers; and 
  8.25     (5) provide an estimate of the availability of the driving 
  8.26  simulator for use by other law enforcement agencies. 
  8.27     Subd. 3.  [REPORT.] By January 15, 2001, the commissioner 
  8.28  shall report to the chairs and ranking minority members of the 
  8.29  house and senate committees and divisions having jurisdiction 
  8.30  over criminal justice matters on the driving simulators 
  8.31  distributed under this section. 
  8.32     Sec. 6.  [APPROPRIATION; PUBLIC SAFETY.] 
  8.33     $....... is a one-time appropriation from the general fund 
  8.34  to the commissioner of public safety for the fiscal biennium 
  8.35  ending June 30, 2001.  This money shall be used to purchase tire 
  8.36  deflators and distribute them as provided in section 4, and to 
  9.1   purchase four computer-controlled driving simulators and 
  9.2   distribute them as provided in section 5. 
  9.3      Sec. 7.  [APPROPRIATION; LAW ENFORCEMENT TRAINING 
  9.4   REIMBURSEMENT.] 
  9.5      $....... is appropriated from the peace officers training 
  9.6   account in the special revenue fund to the peace officer 
  9.7   standards and training board for the fiscal biennium ending June 
  9.8   30, 2001.  This appropriation is for increased reimbursements to 
  9.9   municipal law enforcement agencies for the cost of providing the 
  9.10  training required under section 3.  The appropriation shall be 
  9.11  added to the board's base budget.