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HF 1

1st Engrossment - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 08/03/2020 12:22pm

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

Bill Text Versions

Engrossments
Introduction Posted on 07/13/2020
1st Engrossment Posted on 07/21/2020

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; providing for law enforcement; providing peer counseling,
critical incident stress management, residency incentives, crisis intervention and
mental illness crisis training, autism training, and duty to intercede and report for
peace officers; regulating use of force; expanding membership of the Board of
Peace Officer Standards and Training; prohibiting warrior-style training; providing
for a community relations advisory council; providing for certain peace officer
data; providing for peace officer grievance arbitration selection procedure;
providing for reports; appropriating money; amending Minnesota Statutes 2018,
sections 13.43, subdivision 9, by adding a subdivision; 415.16, by adding a
subdivision; 609.06, subdivision 1, by adding a subdivision; 609.066, subdivision
2, by adding a subdivision; 626.841; 626.843, by adding a subdivision; 626.845,
by adding a subdivision; 626.8452, subdivisions 4, 5, by adding a subdivision;
626.8457, subdivision 3; 626.8469; Laws 2019, First Special Session chapter 5,
article 1, sections 12, subdivision 7; 13, subdivision 4; article 2, section 28,
subdivisions 4, 5; proposing coding for new law in Minnesota Statutes, chapters
181; 299C; 626; repealing Minnesota Statutes 2018, section 181.973.

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

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:


Subd. 9.

Peer counseling deleted text begindebriefingdeleted text end data.

(a) Data acquired by a peer deleted text begingroup member
in a
deleted text endnew text begin support counselor when providingnew text end public safety peer counseling deleted text begindebriefing is private
data on the person being debriefed
deleted text endnew text begin are governed by section 181.9731new text end.

(b) For purposes of this subdivisiondeleted text begin, "public safety peer counseling debriefing" means
a group process oriented debriefing session held for peace officers, firefighters, medical
emergency persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any government entity providing public safety emergency
services and is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic stress
deleted text endnew text begin:
new text end

new text begin (1) "peer support counselor" has the meaning given in section 181.9731, subdivision 1,
paragraph (c); and
new text end

new text begin (2) "public safety peer counseling" has the meaning given in section 181.9731, subdivision
1, paragraph (d)
new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to
read:


new text begin Subd. 9a. new text end

new text begin Critical incident stress management data. new text end

new text begin (a) Data acquired by a critical
incident stress management team member when providing critical incident stress management
services are governed by section 181.9732.
new text end

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) "critical incident stress management services" has the meaning given in section
181.9732, subdivision 1, paragraph (c); and
new text end

new text begin (2) "critical incident stress management team member" has the meaning given in section
181.9732, subdivision 1, paragraph (e).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [181.9731] PUBLIC SAFETY PEER COUNSELING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end

new text begin (c) "Peer support counselor" means an individual who is:
new text end

new text begin (1) specially trained to provide public safety peer counseling services in accordance
with standards that are both (i) established by an accredited mental health organization or
network, and (ii) recognized by the commissioner of public safety; and
new text end

new text begin (2) designated by the emergency service provider's agency to provide such services.
new text end

new text begin (d) "Public safety peer counseling" means one or more sessions, led by a peer support
counselor, designed to help an emergency service provider who experienced an
occupation-related trauma, illness, or stress develop skills and strategies to better understand,
cope with, and process emotions and memories tied to the trauma, illness, or stress. Public
safety peer counseling includes group sessions led by a peer support counselor, one-to-one
contact with a peer support counselor, and meetings with a peer support counselor to obtain
referrals to appropriate mental health or community support services.
new text end

new text begin Subd. 2. new text end

new text begin Peer support counselor; prohibition on being witness or party. new text end

new text begin A peer
support counselor may not provide public safety peer counseling to an emergency service
provider if the emergency service provider is seeking public safety peer counseling to address
a critical incident, as defined in section 181.9732, subdivision 1, paragraph (b), to which
the peer support counselor is a witness. A peer support counselor may refer the person to
another peer support counselor or other appropriate mental health or community support
service.
new text end

new text begin Subd. 3. new text end

new text begin Disclosure prohibited. new text end

new text begin (a) Except as provided in subdivision 4, a peer support
counselor or any person who receives public safety peer counseling shall not be required
to disclose information to a third party that was obtained solely through the provision or
receipt of public safety peer counseling.
new text end

new text begin (b) Government data on individuals receiving peer counseling are classified as private
data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as
provided in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end

new text begin (1) the peer support counselor reasonably believes the disclosure is necessary to prevent
harm to self by the person in receipt of public safety peer counseling or to prevent the person
from harming another person, provided the disclosure is only for the purpose of preventing
the person from harming self or others and limited to information necessary to prevent such
harm;
new text end

new text begin (2) the person receiving public safety peer counseling discloses information that is
required to be reported under the mandated reporting laws, including, but not limited to,
the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end

new text begin (3) the person who received public safety peer counseling provides written consent
authorizing disclosure of the information;
new text end

new text begin (4) the emergency service provider who received public safety peer counseling is deceased
and the surviving spouse or administrator of the estate of the deceased emergency service
provider gives written consent authorizing disclosure of the information; or
new text end

new text begin (5) the emergency service provider who received public safety peer counseling voluntarily
testifies, in which case the peer support counselor may be compelled to testify on the same
subject.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

new text begin [181.9732] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider. Critical incident includes but is not
limited to any encounter which may result in the death of or serious injury to another person
such as fatal motor vehicle accidents, child abuse investigations, death investigations, and
large scale man-made or natural disasters.
new text end

new text begin (c) "Critical incident stress management services" means consultation, risk assessment,
education, intervention, and other crisis intervention services provided by a critical incident
stress management team or critical incident stress management team member to an emergency
service provider affected by a critical incident.
new text end

new text begin (d) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers and consists of critical
incident stress management team members. A critical incident stress management team may
include members from any emergency service discipline, mental health professionals, and
designated emergency service chaplains.
new text end

new text begin (e) "Critical incident stress management team member" means an individual who:
new text end

new text begin (1) is trained to provide critical incident stress management services in accordance with
standards that are both (i) established by a nationally recognized critical incident stress
management organization or network, and (ii) recognized by the commissioner of public
safety;
new text end

new text begin (2) was approved to function as a critical incident stress management team member prior
to the time critical incident stress management services are provided; and
new text end

new text begin (3) is approved to function as a critical incident stress management team member at the
time the critical incident stress management services are provided.
new text end

new text begin (f) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end

new text begin Subd. 2. new text end

new text begin Team members; prohibition on being witness or party. new text end

new text begin A person who
otherwise qualifies as a critical incident stress management team member may not be part
of a critical incident stress management team providing services to an emergency service
provider if the critical incident stress management team member is a witness to the critical
incident for which the person is receiving services.
new text end

new text begin Subd. 3. new text end

new text begin Disclosure prohibited. new text end

new text begin (a) Except as provided in subdivision 4, a critical
incident stress management team member or any person who receives critical incident stress
management services shall not be required to disclose information to a third party that was
obtained solely through the provision or receipt of critical incident stress management
services.
new text end

new text begin (b) Government data on individuals receiving critical incident stress management services
are classified as private data on individuals, as defined by section 13.02, subdivision 12,
but may be disclosed as provided in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end

new text begin (1) the critical incident stress management team member reasonably believes the
disclosure is necessary to prevent harm to self by the person in receipt of critical incident
stress management services or to prevent the person from harming another person, provided
the disclosure is only for the purpose of preventing the person from harming self or others
and limited to information necessary to prevent such harm;
new text end

new text begin (2) the person receiving critical incident stress management services discloses information
that is required to be reported under the mandated reporting laws, including, but not limited
to, the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end

new text begin (3) the person who received critical incident stress management services provides written
consent authorizing disclosure of the information;
new text end

new text begin (4) the emergency service provider who received critical incident stress management
services is deceased and the surviving spouse or administrator of the estate of the deceased
emergency service provider gives written consent authorizing disclosure of the information;
or
new text end

new text begin (5) the emergency service provider who received critical incident stress management
services voluntarily testifies, in which case the critical incident stress management team
member may be compelled to testify on the same subject.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin [299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Officer-involved death" means the death of another that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end

new text begin (f) "Unit" means the independent Use of Force Investigations Unit.
new text end

new text begin Subd. 2. new text end

new text begin Formation; special agent in charge; duty. new text end

new text begin The superintendent shall form an
independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension
to conduct officer-involved death investigations. The superintendent, in consultation with
the commissioner of public safety, shall select a special agent in charge of the unit.
new text end

new text begin Subd. 3. new text end

new text begin Additional duty. new text end

new text begin The unit shall investigate all criminal sexual conduct cases
involving peace officers, including criminal sexual conduct cases involving chief law
enforcement officers. The unit may also investigate conflict of interest cases involving peace
officers.
new text end

new text begin Subd. 4. new text end

new text begin Staff; support. new text end

new text begin The unit shall employ peace officers and staff to conduct
investigations and the superintendent shall develop and implement policies and procedures
to ensure no conflict of interest exists with agents assigned to investigate a particular incident.
The superintendent may permit bureau resources not directly assigned to this unit to be used
to assist the unit in fulfilling the duties assigned in this section.
new text end

new text begin Subd. 5. new text end

new text begin Conflicts. new text end

new text begin When a peace officer employed by the Bureau of Criminal
Apprehension is the subject of an officer-involved death investigation, the investigation
shall be conducted by an investigatory agency selected by the county attorney in the
jurisdiction where the alleged offense took place.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin As provided for in chapter 13, the superintendent must make all
inactive investigative data for officer-involved death investigations that are public under
section 13.82, subdivision 7, or other applicable law available on the bureau's website within
30 days of the end of the last criminal appeal of a subject of an investigation. By February
1 of each year, the superintendent shall report to the commissioner, the governor, and the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety finance and policy the following information about the unit: the number of
investigations initiated; the number of incidents investigated; the outcomes or current status
of each investigation; the charging decisions made by the prosecuting authority of incidents
investigated by the unit; the number of plea agreements reached in incidents investigated
by the unit; and any other information relevant to the unit's mission.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The independent use of force investigations unit expires August
1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Residency incentives for peace officers. new text end

new text begin A statutory or home rule charter
city or county may offer incentives to encourage a person hired as a peace officer, as defined
in section 626.84, subdivision 1, paragraph (c), to be a resident of the city or county.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:


Subdivision 1.

When authorized.

Except as otherwise provided in deleted text beginsubdivisiondeleted text endnew text begin
subdivisions
new text end 2new text begin and 3new text end, reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Limitations on the use of certain restraints. new text end

new text begin (a) A peace officer may not use
any of the following restraints unless section 609.066 authorizes the use of deadly force to
protect the peace officer or another from death or great bodily harm:
new text end

new text begin (1) a choke hold;
new text end

new text begin (2) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (3) securing a person in any way that results in transporting the person face down in a
vehicle.
new text end

new text begin (b) For the purposes of this subdivision, "choke hold" means a method by which a person
applies sufficient pressure to a person to make breathing difficult or impossible, and includes
but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder
breathing, or reduce intake of air. Choke hold also means applying pressure to a person's
neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood
to the brain via the carotid arteries.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Legislative intent. new text end

new text begin The legislature hereby finds and declares the following:
new text end

new text begin (1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;
new text end

new text begin (2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life or to prevent great bodily harm. In
determining whether deadly force is necessary, officers shall evaluate each situation in light
of the particular circumstances of each case;
new text end

new text begin (3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force; and
new text end

new text begin (4) that peace officers should exercise special care when interacting with individuals
with known physical, mental health, developmental, or intellectual disabilities as an
individual's disability may affect the individual's ability to understand or comply with
commands from peace officers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:


Subd. 2.

Use of deadly force.

new text begin(a) new text endNotwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only deleted text beginwhendeleted text endnew text begin
if an objectively reasonable officer would believe, based on the totality of the circumstances
known to the officer at the time and without the benefit of hindsight, that such force is
new text end
necessary:

(1) to protect the peace officer or another from deleted text beginapparentdeleted text end death or great bodily harmnew text begin,
provided that the threat:
new text end

new text begin (i) can be articulated with specificity by the law enforcement officernew text end;

new text begin (ii) is reasonably likely to occur absent action by the law enforcement officer; and
new text end

new text begin (iii) must be addressed through the use of deadly force without unreasonable delay; or
new text end

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
officer knows or has reasonable grounds to believe has committed or attempted to commit
a felony deleted text begininvolving the use or threatened use of deadly force; ordeleted text endnew text begin and the officer reasonably
believes that the person will cause death or great bodily harm to another person under the
threat criteria in clause (1), items (i) to (iii), unless immediately apprehended.
new text end

deleted text begin (3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
knows or has reasonable grounds to believe has committed or attempted to commit a felony
if the officer reasonably believes that the person will cause death or great bodily harm if
the person's apprehension is delayed.
deleted text end

new text begin (b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self if an objectively reasonable officer would believe, based on the totality
of the circumstances known to the officer at the time and without the benefit of hindsight,
that the person does not pose a threat of death or great bodily harm to the peace officer or
to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2021.
new text end

Sec. 11.

new text begin [626.5534] USE OF FORCE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Report required. new text end

new text begin A chief law enforcement officer must provide the
information requested by the Federal Bureau of Investigation about each incident of law
enforcement use of force resulting in serious bodily injury or death, as those terms are
defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form
for use by law enforcement agencies in making the report required under this section. The
report must include for each incident all of the information requested by the Federal Bureau
of Investigation.
new text end

new text begin Subd. 2. new text end

new text begin Use of information collected. new text end

new text begin A chief law enforcement officer must file the
report under subdivision 1 once a month in the form required by the superintendent. The
superintendent must summarize and analyze the information received and submit an annual
written report to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety. The superintendent shall submit
the information to the Federal Bureau of Investigation.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2018, section 626.841, is amended to read:


626.841 BOARD; MEMBERS.

The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15deleted text endnew text begin 17new text end members:

(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;

(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;

(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;

(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; and

(7) deleted text begintwodeleted text endnew text begin fournew text end members appointed by the governor from among the general public.

A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2018, section 626.843, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Rules governing complaints. new text end

new text begin If the board adopts rules to establish a
subcommittee to investigate licensure actions, the subcommittee must have:
new text end

new text begin (1) one voting board member appointed from the general public; and
new text end

new text begin (2) three voting board members who are current or former peace officers.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

new text begin [626.8434] WARRIOR-STYLE TRAINING PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "warrior-style training" means
training for peace officers that dehumanizes people or encourages aggressive conduct by
peace officers during encounters with others in a manner that deemphasizes the value of
human life or constitutional rights, the result of which increases a peace officer's likelihood
or willingness to use deadly force.
new text end

new text begin Subd. 2. new text end

new text begin No continuing education credits or tuition reimbursement. new text end

new text begin (a) The board
may not certify a continuing education course that includes warrior-style training.
new text end

new text begin (b) The board may not grant continuing education credit to a peace officer for a course
that includes warrior-style training.
new text end

new text begin (c) The board may not reimburse a law enforcement agency or a peace officer for a
course that includes warrior-style training.
new text end

new text begin Subd. 3. new text end

new text begin Training prohibited. new text end

new text begin A law enforcement agency may not provide warrior-style
training, directly or through a third party, to a peace officer.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

new text begin [626.8435] ENSURING POLICE EXCELLENCE AND IMPROVING
COMMUNITY RELATIONS ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin The Ensuring Police Excellence and
Improving Community Relations Advisory Council is established under the Peace Officer
Standards and Training Board. The council consists of the following 15 members:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end

new text begin (2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
new text end

new text begin (3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end

new text begin (4) the executive director of the Minnesota Sheriff's Association, or a designee;
new text end

new text begin (5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
and
new text end

new text begin (6) six community members, of which:
new text end

new text begin (i) four members shall represent the community-specific boards established under section
257.0768, reflecting one appointment made by each board;
new text end

new text begin (ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and
new text end

new text begin (iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and
new text end

new text begin (7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.
new text end

new text begin The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.
new text end

new text begin Subd. 2. new text end

new text begin Purpose and duties. new text end

new text begin (a) The purpose of the council is to assist the board in
maintaining policies and regulating peace officers in a manner that ensures the protection
of civil and human rights. The council shall provide for citizen involvement in policing
policies, regulations, and supervision. The council shall advance policies and reforms that
promote positive interactions between peace officers and the community.
new text end

new text begin (b) The board chair must place the council's recommendations to the board on the board's
agenda within four months of receiving a recommendation from the council.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The council shall be organized and administered under section
15.059, except that the council does not expire. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The executive director of the board shall serve as the
council's executive secretary.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D. The executive director of the Peace Officer Standards and
Training Board shall convene the council's first meeting, which must occur by September
1, 2020.
new text end

new text begin Subd. 5. new text end

new text begin Office support. new text end

new text begin The executive director of the Peace Officer Standards and
Training Board shall provide the council with the necessary office space, supplies, equipment,
and clerical support to effectively perform the duties imposed.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin The council shall submit a report by February 15 of each year to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice policy and the board. At a minimum,
the report shall include:
new text end

new text begin (1) all recommendations presented to the board and how the board acted on those
recommendations;
new text end

new text begin (2) recommendations for statutory reform or legislative initiatives intended to promote
police-community relations; and
new text end

new text begin (3) updates on the council's review and determinations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2018, section 626.845, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Peace officer data. new text end

new text begin The board, in consultation with the Minnesota Chiefs of
Police Association, Minnesota Sheriff's Association, and Minnesota Police and Peace
Officers Association, shall create a central repository for peace officer data designated as
public data under chapter 13. The database shall be designed to receive, in real time, the
public data required to be submitted to the board by law enforcement agencies in section
626.8457, subdivision 3, paragraph (b). To assure the anonymity of individuals, the database
must use encrypted data to track information transmitted on individual peace officers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Updated policy required. new text end

new text begin (a) By September 1, 2020, the board, in consultation
with interested parties, shall adopt an updated comprehensive written model policy on the
use of force, including deadly force, by peace officers, and distribute this policy to the chief
law enforcement officer of every law enforcement agency in the state. The model policy
must recognize and respect the sanctity and value of all human life and the need to treat
everyone with dignity and without prejudice. At a minimum, the policy must include:
new text end

new text begin (1) a duty for peace officers to intercede when present and observing another peace
officer using force that is clearly beyond what is objectively reasonable under the law and
the particular circumstances of the case, and in a position to do so;
new text end

new text begin (2) a duty for peace officers to report any illegal use of force by another peace officer
to the officer's chief law enforcement officer; and
new text end

new text begin (3) a duty for peace officers to only use deadly force including techniques that are
restricted by section 609.06, subdivision 3, as authorized in section 609.066. However, even
in those circumstances, the policy must require that less lethal measures be considered first
by the officer.
new text end

new text begin (b) The board shall incorporate all applicable standards in sections 609.06, subdivision
3, and 609.066, even if a standard has a delayed effective date. The revised model policy
shall clearly identify the effective date of provisions with an effective date beyond September
1, 2020.
new text end

new text begin (c) By December 15, 2020, the chief law enforcement officer of every state and local
law enforcement agency must update the policy required under subdivision 1 so that it is
identical or substantially similar to the model policy developed by the board under
subdivision 1a. The board must 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 August 1, 2020.
new text end

Sec. 18.

Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:


Subd. 4.

Record keeping required.

The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivisions new text begin1a, new text end2new text begin,new text end and 3.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2018, section 626.8452, subdivision 5, is amended to read:


Subd. 5.

Licensing sanctions; injunctive relief.

new text beginThe board has authority to inspect state
and local law enforcement agency policies to ensure compliance with this section. The board
may conduct this inspection based upon a complaint it receives about a particular agency
or through a random selection process.
new text endThe board may impose licensing sanctions and seek
injunctive relief under section 214.11 for failure to comply with the requirements of this
section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2018, section 626.8457, subdivision 3, is amended to read:


Subd. 3.

Report on alleged misconductnew text begin; database; reportnew text end.

new text begin(a) new text endA chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

new text begin (b) Beginning January 15, 2021, a chief law enforcement officer, in real time, must
submit individual peace officer data classified as public and submitted using encrypted data
that the board determines is necessary to:
new text end

new text begin (1) evaluate the effectiveness of statutorily required training;
new text end

new text begin (2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
Council in accomplishing the council's duties; and
new text end

new text begin (3) allow for the board, the Ensuring Police Excellence and Improving Community
Relations Advisory Council, and the board's complaint investigation committee to identify
patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
model policy.
new text end

new text begin (c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.
new text end

new text begin (d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.
new text end

new text begin (e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

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


626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
AND CULTURAL DIVERSITY.

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;
new text begin ensuring safer interactions between peace officers and persons with autism; new text endand recognizing
and valuing community diversity and cultural differences to include implicit bias training
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 deleted text beginanddeleted text endnew text begin,new text end shall meet
board requirements for board-approved continuing education creditnew text begin, and shall be provided
by an approved entity. The board shall create a list of approved entities and training courses
and make the list available to the chief law enforcement officer of every state and local law
enforcement agency. Crisis intervention and mental illness crisis training shall meet the
standards in subdivision 1a
new text end. The training shall consist of at least 16 continuing education
creditsnew text begin with a minimum of six hours for crisis intervention and mental illness crisis training
and four hours to ensure safer interactions between peace officers and persons with autism
new text end
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 Subd. 1a. new text end

new text begin Crisis intervention and mental illness crisis training. new text end

new text begin (a) The board, in
consultation with the commissioner of human services and mental health stakeholders, shall
create a list of approved entities and training courses to instruct peace officers in techniques
for responding to a mental illness crisis. A course must include scenario-based instruction
and cover most of the following issues:
new text end

new text begin (1) techniques for relating to individuals with mental illnesses and the individuals'
families;
new text end

new text begin (2) techniques for crisis de-escalation;
new text end

new text begin (3) techniques for relating to diverse communities and education on mental illness
diversity;
new text end

new text begin (4) mental illnesses and the criminal justice system;
new text end

new text begin (5) community resources and supports for individuals experiencing a mental illness crisis
and for the individuals' families;
new text end

new text begin (6) psychotropic medications and the medications' side effects;
new text end

new text begin (7) co-occurring mental illnesses and substance use disorders;
new text end

new text begin (8) suicide prevention; and
new text end

new text begin (9) mental illnesses and disorders and the symptoms.
new text end

new text begin (b) A course must also include training on children and families of individuals with
mental illnesses to enable officers to respond appropriately to others who are present during
a mental illness crisis. The board shall update the list of approved entities and training
courses periodically as it considers appropriate.
new text end

Subd. 2.

Record keeping required.

The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
deleted text begin subdivision 1.deleted text endnew text begin subdivisions 1 and 1a including, at a minimum:
new text end

new text begin (1) documentation of the training provider;
new text end

new text begin (2) documentation of the content of the training provided;
new text end

new text begin (3) documentation that crisis intervention and mental illness crisis training included
scenario-based instruction in compliance with the standards described in subdivision 1a;
new text end

new text begin (4) compiled evaluations; and
new text end

new text begin (5) explanation of expenditure of funds.
new text end

The documentation deleted text beginis subject to periodic review by the board, anddeleted text end shall be deleted text beginmade availabledeleted text endnew text begin
submitted
new text end to the board deleted text beginat its requestdeleted text end.new text begin The board shall include in the compliance reviews
required in section 626.8459 an evaluation of the effectiveness of in-service training provided
under this section in reducing officer use of force and diverting people experiencing a mental
illness crisis from arrest.
new text end

Subd. 3.

Licensing sanctions; injunctive relief.

The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

new text begin [626.8474] AUTISM TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Learning objectives required. new text end

new text begin (a) By January 1, 2021, the board shall
prepare learning objectives for preservice and in-service training on ensuring safer
interactions between peace officers and persons with autism. At a minimum, the objectives
must address the following:
new text end

new text begin (1) autism overview and behavioral understanding;
new text end

new text begin (2) best practices for interventions and de-escalation strategies;
new text end

new text begin (3) prevention and crisis reduction models; and
new text end

new text begin (4) objective review of tools and technology available.
new text end

new text begin (b) In developing the learning objectives, the board shall consult with, at a minimum:
new text end

new text begin (1) individuals with autism;
new text end

new text begin (2) family members of individuals with autism;
new text end

new text begin (3) autism experts; and
new text end

new text begin (4) peace officers.
new text end

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

new text begin (a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of professional peace officer
educational programs.
new text end

new text begin (b) A person is not eligible to take the peace officer licensing examination after July 1,
2021, unless the individual has received the training described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2021, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service autism
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. The
training must consist of at least four continuing education credits of the credits required
under section 626.8469 within an officer's three-year licensing cycle. Each peace officer
with a license renewal date after June 30, 2021, is not required to complete this training
until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The documentation is subject to periodic review by the board, and must be
made available to the board at its request.
new text end

new text begin Subd. 5. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

new text begin [626.8475] DUTY TO INTERCEDE AND REPORT.
new text end

new text begin (a) Regardless of tenure or rank, a peace officer must intercede when:
new text end

new text begin (1) present and observing another peace officer using force in violation of section 609.066,
subdivision 2, or otherwise beyond that which is objectively reasonable under the
circumstances; and
new text end

new text begin (2) physically or verbally able to do so.
new text end

new text begin (b) A peace officer who observes another employee or peace officer use force that
exceeds the degree of force permitted by law has the duty to report the incident in writing
within 24 hours to the chief law enforcement officer of the agency that employs the reporting
peace officer.
new text end

new text begin (c) A peace officer who breaches a duty established in this subdivision is subject to
discipline by the board under Minnesota Rules, part 6700.1600.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

new text begin [626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
section have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
new text end

new text begin (c) "Employer" means a political subdivision or law enforcement agency employing a
peace officer.
new text end

new text begin (d) "Grievance" means a dispute or disagreement regarding any written disciplinary
action, discharge, or termination decision of a peace officer arising under a collective
bargaining agreement covering peace officers.
new text end

new text begin (e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
procedure in a collective bargaining agreement covering peace officers, as required by this
section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
sections are consistent with this section.
new text end

new text begin (f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
except as otherwise provided in this section or to the extent inconsistent with this section.
new text end

new text begin (g) "Peace officer" means a licensed peace officer or part-time peace officer subject to
licensure under sections 626.84 to 626.863.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) Notwithstanding any contrary provision of law, home rule
charter, ordinance, or resolution, the arbitrator selection procedure established under this
section shall apply to all peace officer grievance arbitrations for written disciplinary action,
discharge, or termination heard on or after the effective date.
new text end

new text begin (b) The grievance procedure for all collective bargaining agreements covering peace
officers negotiated on or after the day following final enactment must include the arbitrator
selection procedure established in this section.
new text end

new text begin (c) This section does not authorize arbitrators appointed under this section to hear
arbitrations of public employees who are not peace officers.
new text end

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin All fees charged by arbitrators under this section shall be in accordance
with a schedule of fees established by the commissioner on an annual basis.
new text end

new text begin Subd. 4. new text end

new text begin Roster of arbitrators. new text end

new text begin The commissioner, in consultation with community and
law enforcement stakeholders, shall appoint a roster of six persons suited and qualified by
training and experience to act as arbitrators for peace officer grievance arbitrations under
this section. In making these appointments, and as applicable, the commissioner may consider
the factors set forth in Minnesota Rules, parts 5530.0600 and 5530.0700, subpart 6, as well
as a candidate's familiarity with labor law, the grievance process, and the law enforcement
profession; or experience and training in cultural competency, racism, implicit bias, and
recognizing and valuing community diversity and cultural differences. The appointments
are effective immediately upon filing with the secretary of state. Arbitrators on the roster
created by this subdivision shall not serve as an arbitrator in a labor arbitration other than
a grievance arbitration as defined in this section.
new text end

new text begin Subd. 5. new text end

new text begin Applications. new text end

new text begin The secretary of state shall solicit and accept applications in the
same manner as for open appointments under section 15.0597.
new text end

new text begin Subd. 6. new text end

new text begin Terms. new text end

new text begin (a) Initial appointments to the roster of arbitrators shall be made as
follows:
new text end

new text begin (1) two appointments to expire on the first Monday in January 2023;
new text end

new text begin (2) two appointments to expire on the first Monday in January 2024; and
new text end

new text begin (3) two appointments to expire on the first Monday in January 2025.
new text end

new text begin (b) Subsequent appointments to the roster of arbitrators shall be for three-year terms to
expire on the first Monday in January, with the terms of no more than two arbitrators to
expire in the same year.
new text end

new text begin (c) An arbitrator may be re-appointed to the roster upon expiration of the arbitrator's
term. If the arbitrator is not re-appointed, the arbitrator may continue to serve until a successor
is appointed, but in no case later than July 1 of the year in which the arbitrator's term expires.
new text end

new text begin Subd. 7. new text end

new text begin Applicability of Minnesota Rules, chapter 5530. new text end

new text begin To the extent consistent
with this section, the following provisions of Minnesota Rules apply to arbitrators on the
roster of arbitrators established under this section:
new text end

new text begin (1) Minnesota Rules, part 5530.0500 (status of arbitrators);
new text end

new text begin (2) Minnesota Rules, part 5530.0800 (arbitrator conduct and standards); and
new text end

new text begin (3) Minnesota Rules, part 5530.1000 (arbitration proceedings).
new text end

new text begin Subd. 8. new text end

new text begin Performance measures. new text end

new text begin To the extent applicable, the commissioner shall track
the performance measures set forth in Minnesota Rules, part 5530.1200.
new text end

new text begin Subd. 9. new text end

new text begin Removal; vacancies. new text end

new text begin An arbitrator appointed to the roster of arbitrators may
be removed from the roster only by the commissioner in accordance with the procedures
set forth in Minnesota Rules, part 5530.1300. A vacancy on the roster caused by a removal,
a resignation, or another reason shall be filled by the commissioner as necessary to fill the
remainder of the arbitrator's term. A vacancy on the roster occurring with less than six
months remaining in the arbitrator's term shall be filled for the existing term and the following
three-year term.
new text end

new text begin Subd. 10. new text end

new text begin Training. new text end

new text begin (a) A person appointed to the arbitrator roster under this section
must complete training as required by the commissioner during the person's appointment.
At a minimum, an initial training must include:
new text end

new text begin (1) at least six hours on the topics of cultural competency, racism, implicit bias, and
recognizing and valuing community diversity and cultural differences; and
new text end

new text begin (2) at least six hours on topics related to the daily experience of peace officers, which
may include ride-alongs with on-duty officers or other activities that provide exposure to
the environments, choices, and judgments required of officers in the field.
new text end

new text begin The commissioner may adopt rules establishing training requirements consistent with
this subdivision.
new text end

new text begin (b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required
initial training by July 1, 2021. An arbitrator appointed to the roster of arbitrators after 2020
must complete the required initial training within six months of the arbitrator's appointment.
new text end

new text begin (c) All costs associated with the required training must be borne by the arbitrator.
new text end

new text begin Subd. 11. new text end

new text begin Selection of arbitrators. new text end

new text begin The commissioner shall assign or appoint an arbitrator
or panel of arbitrators from the roster to a peace officer grievance arbitration under this
section on rotation through the roster alphabetically ordered by last name. The parties shall
not participate in, negotiate for, or agree to the selection of an arbitrator or arbitration panel
under this section. The arbitrator or panel shall decide the grievance, and the decision is
binding subject to the provisions of chapter 572B.
new text end

new text begin Subd. 12. new text end

new text begin Interaction with other laws. new text end

new text begin (a) Sections 179A.21, subdivision 2, and 572B.11,
paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
shall not apply to discipline-related grievance arbitrations involving peace officers governed
under this section.
new text end

new text begin (b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
resolution, peace officers, through their certified exclusive representatives, shall not have
the right to negotiate for or agree to a collective bargaining agreement or a grievance
arbitration selection procedure with their employers that is inconsistent with this section.
new text end

new text begin (c) The arbitrator selection procedure for peace officer grievance arbitrations established
under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
in those chapters remain in full force and effect for peace officer grievance arbitrations,
except as provided in this section or to the extent inconsistent with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2020, except that subdivision
2, paragraph (b), is effective the day following final enactment.
new text end

Sec. 25.

Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7,
is amended to read:


Subd. 7.

Office of Justice Programs

40,147,000
40,082,000
Appropriations by Fund
General
40,051,000
39,986,000
State Government
Special Revenue
96,000
96,000

(a) Base Adjustment

To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,000 in fiscal years 2022 and
2023.

(b) Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.

(c) Indigenous Women Task Force

$105,000 the first year and $45,000 the second
year are for expenses related to the task force
on missing and murdered indigenous women.
new text begin This appropriation is available until June 30,
2021.
new text endThese are onetime appropriations.

(d) Domestic Abuse Prevention Grants

$200,000 each year is for a grant to a domestic
abuse prevention program that provides
interdisciplinary, trauma-informed treatment
and evidence-informed intervention for
veterans and current or former service
members and their whole families affected by
domestic violence. The grantee must offer a
combination of services for perpetrators of
domestic violence and their families, including
individual and group therapy, evaluation and
research of programming, and short- and
long-term case management services to ensure
stabilization and increase in their overall
mental health functioning and well-being.
These appropriations are onetime.

(e) Criminal Sexual Conduct Statutory
Reform Working Group

$20,000 the first year and $14,000 the second
year are to convene, administer, and
implement the criminal sexual conduct
statutory reform working group. These
appropriations are onetime.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4,
is amended to read:


Subd. 4.

Peace Officer Training Assistance

$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. The base for this
activity is $0 in fiscal year deleted text begin2022deleted text endnew text begin 2024new text end and
thereafter.

Sec. 27.

Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 4,
is amended to read:


Subd. 4.

Report.

The task force shall report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over public safety, human
services, and state government on the work of the task force, including but not limited to
the issues to be examined in subdivision 1, and shall include in the report institutional
policies and practices or proposed institutional policies and practices that are effective in
reducing gender violence and increasing the safety of indigenous women and girls. The
report shall include recommendations to reduce and end violence against indigenous women
and girls and help victims and communities heal from gender violence and violence against
indigenous women and girls. deleted text beginThedeleted text endnew text begin Anew text end report shall be submitted to the legislative committees
by December 15, 2020new text begin, and a final report shall be submitted by June 30, 2021new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 5,
is amended to read:


Subd. 5.

Expiration.

Notwithstanding Minnesota Statutes, section 15.059, the task force
expires deleted text beginDecember 31, 2020deleted text endnew text begin June 30, 2021new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 29. new text beginAPPROPRIATION; BUREAU OF MEDIATION SERVICES.
new text end

new text begin $120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of
Mediation Services for rulemaking, staffing, and other costs associated with peace officer
grievance procedures. The base for this appropriation is $47,000 in fiscal year 2022 and
thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30. new text beginAPPROPRIATION FOR INDEPENDENT USE OF FORCE
INVESTIGATIONS UNIT IN BCA.
new text end

new text begin $3,365,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety to establish and operate the independent Use of Force Investigations Unit
in the Bureau of Criminal Apprehension. The base for this appropriation is $3,272,000 in
fiscal years 2022 and 2023. The base for this appropriation is $0 in fiscal year 2024.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 31. new text beginAPPROPRIATION; AUTISM TRAINING.
new text end

new text begin $8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension
for the fiscal year ending June 30, 2021, to implement autism training.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 32. new text beginAPPROPRIATION; DATABASE.
new text end

new text begin $3,500,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board to design, build, implement, and operate a database to receive
the public data required to be submitted to the board by law enforcement agencies in
Minnesota Statutes, section 626.8457, subdivision 3, paragraph (b). The base for this activity
is $500,000 in fiscal year 2022 and thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33. new text beginAPPROPRIATION; ENSURING POLICE EXCELLENCE AND
IMPROVING COMMUNITY RELATIONS ADVISORY COUNCIL.
new text end

new text begin $23,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board for costs associated with providing office space, supplies,
equipment, and clerical support to the Ensuring Police Excellence and Improving Community
Relations Advisory Council. The base for this appropriation is $20,000 in fiscal year 2022
and thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34. new text beginAPPROPRIATION; DATA SYSTEM STAFFING.
new text end

new text begin $96,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board for costs associated with staffing the database that receives
the public data required to be submitted to the board by law enforcement agencies. The base
for this appropriation is $128,000 in fiscal year 2022 and thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35. new text beginAPPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
MENTAL ILLNESS CRISIS TRAINING.
new text end

new text begin $145,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training Board to reimburse law enforcement agency crisis intervention and
mental illness crisis training expenses for training that is provided by approved entities
according to Minnesota Statutes, section 626.8469, subdivision 1a. The base for this
appropriation is $137,000 in fiscal year 2022 and thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.973, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 202-H0001-1

181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.

A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any personnel or occupational licensing matter involving the person being debriefed or counseled.

For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related trauma, illness, or stress begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.