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HF 1366

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 06:30pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2021

Current Version - as introduced

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A bill for an act
relating to public safety; clarifying legislative intent for the Peace Officer Standards
and Training Board's discipline review committee; amending Minnesota Statutes
2020, sections 13.41, subdivision 3; 214.10, subdivision 11; 626.842, subdivision
2; 626.8435, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:


Subd. 3.

Board of Peace Officer Standards and Training.

The following government
data of the Board of Peace Officer Standards and Training are private data:

deleted text begin (1)deleted text end new text beginpersonal phone numbers, and new text endhomenew text begin and e-mailnew text end addresses of licensees and applicants
for licensesdeleted text begin; and
deleted text end

deleted text begin (2) data that identify the government entity that employs a licensed peace officerdeleted text end.

The board may disseminate private data on applicants and licensees as is necessary to
administer law enforcement licensure or to provide data under section 626.845, subdivision
1
, to law enforcement agencies who are conducting employment background investigations.

Sec. 2.

Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:


Subd. 11.

Board of Peace Officers Standards and Training; reasonable grounds
determination.

(a) After the investigation is complete, the executive director shall convene
new text begin at least new text enda deleted text beginthree-memberdeleted text end new text beginfour-member new text endcommittee of the board to determine if the complaint
constitutes reasonable grounds to believe that a violation within the board's enforcement
jurisdiction has occurred. new text beginIn conformance with section 626.843, subdivision 1b, new text endat least deleted text begintwodeleted text endnew text begin
three
new text end members of the committee must be new text beginvoting new text endboard members who are peace officersnew text begin and
one member of the committee must be a voting board member appointed from the general
public
new text end. No later than 30 days before the committee meets, the executive director shall give
the licensee who is the subject of the complaint and the complainant written notice of the
meeting. The executive director shall also give the licensee a copy of the complaint. Before
making its determination, the committee shall give the complaining party and the licensee
who is the subject of the complaint a reasonable opportunity to be heard.

(b) The committee shall, by majority vote, after considering the information supplied
by the investigating agency and any additional information supplied by the complainant or
the licensee who is the subject of the complaint, take one of the following actions:

(1) find that reasonable grounds exist to believe that a violation within the board's
enforcement jurisdiction has occurred and order that an administrative hearing be held;

(2) decide that no further action is warranted; or

(3) continue the matter.

The executive director shall promptly give notice of the committee's action to the
complainant and the licensee.

(c) If the committee determines that a complaint does not relate to matters within its
enforcement jurisdiction but does relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:


Subd. 2.

Terms, compensation, removal, filling of vacancies.

The membership terms,
compensation, removal of members and the filling of vacancies for members appointed
pursuant to section 626.841deleted text begin, clauses (1), (2), (4), and (5) on the boarddeleted text end; the provision of staff,
administrative services and office space; the review and processing of complaints; the setting
of fees; and other matters relating to board operations shall be as provided in chapter 214.

Sec. 4.

Minnesota Statutes 2020, section 626.8435, subdivision 1, is amended to read:


Subdivision 1.

Establishment and membership.

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:

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

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

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

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

(6) six community members, of which:

(i) four members shall represent the community-specific boards established under deleted text beginsection
257.0768
deleted text endnew text begin sections 15.0145 and 3.922new text end, reflecting one appointment made by each board;

(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

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

(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.

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

Sec. 5. new text beginRULEMAKING AUTHORITY.
new text end

new text begin The executive director of the Peace Officer Standards and Training Board may adopt
rules to carry out the purposes of section 2.
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