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HF 1691

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 04:23pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/01/2021
1st Engrossment Posted on 03/25/2021

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; expanding the reporting of crimes motivated by bias;
amending the crimes of assault, property damage, and harassment motivated by
bias; requiring the Board of Peace Officer Standards and Training to update training
in recognizing, responding to, and reporting crimes of bias; appropriating money;
amending Minnesota Statutes 2020, sections 363A.06, subdivision 1; 609.2231,
subdivision 4; 609.2233; 609.595, subdivisions 1a, 2; 609.749, subdivision 3;
626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:


Subdivision 1.

Formulation of policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (21) solicit, receive, and compile reports from community organizations, school districts
and charter schools, and individuals regarding crimes a community member or community
organization believes are motivated by the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, marital status, status with regard to public assistance, familial status,
or disability as defined in section 363A.03, or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, and develop data on the nature and extent
of crimes motivated by bias and include this information in the report required under clause
(12). The commissioner shall provide information on the department's website about when
and how a victim reports criminal conduct to a law enforcement agency.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 609.2231, subdivision 4, is amended to read:


Subd. 4.

Assaults motivated by bias.

(a) Whoever assaults anothernew text begin in whole or in partnew text end
because of the victim's or another's actual or perceived race, color, new text beginethnicity, new text endreligion, sex,
new text begin gender, new text endsexual orientation, new text begingender identity, gender expression, age, national origin, or
new text end disability as defined in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the victim's
actual or perceived association with another person or group of a certain actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
new text end may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.2233, is amended to read:


609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.

A person who violates section 609.221, 609.222, or 609.223 because of the victim's or
another person's actual or perceived race, color, new text beginethnicity, new text endreligion, sex, new text begingender, new text endsexual
orientation, new text begingender identity, gender expression, age, national origin, or new text enddisability as defined
in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03,
new text end is subject to a statutory maximum penalty
of 25 percent longer than the maximum penalty otherwise applicable.

Sec. 4.

Minnesota Statutes 2020, section 609.595, subdivision 1a, is amended to read:


Subd. 1a.

Criminal damage to property in the second degree.

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

new text begin (1) was committed in whole or in part because of the property owner's or another's actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03;
new text end

new text begin (2) was committed in whole or in part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
new text end

new text begin (3) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03; or
new text end

new text begin (4) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.595, subdivision 2, is amended to read:


Subd. 2.

Criminal damage to property in the third degree.

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

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

new text begin (1) was committed in whole or in part because of the property owner's or another's actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03;
new text end

new text begin (2) was committed in whole or in part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
new text end

new text begin (3) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03; or
new text end

new text begin (4) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.749, subdivision 3, is amended to read:


Subd. 3.

Aggravated violations.

(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:

(1) commits any offense described in subdivision 2 because of the victim's or another's
actual or perceived race, color, new text beginethnicity, new text endreligion, sex, new text begingender, new text endsexual orientation, new text begingender
identity, gender expression, age, national origin, or
new text enddisability as defined in section 363A.03,
deleted text begin age, or national origindeleted text endnew text begin or because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03
new text end;

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;

(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 626.5531, subdivision 1, is amended to read:


Subdivision 1.

Reports required.

A peace officer must report to the head of the officer's
department every violation of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the offender was motivated to commit the
act deleted text beginbydeleted text endnew text begin in whole or in part because ofnew text end the victim's new text beginactual or perceived new text endrace, new text begincolor, ethnicity,
new text end religion, deleted text beginnational origin,deleted text end sex, new text begingender, sexual orientation, gender identity, gender expression,
new text end age, new text beginnational origin, or new text enddisabilitynew text begin as defined in section 363A.03new text end, or deleted text begincharacteristics identified
as sexual orientation
deleted text endnew text begin because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03
new text end. The superintendent of the Bureau of Criminal Apprehension
shall adopt a reporting form to be used by law enforcement agencies in making the reports
required under this section. The reports must include for each incident all of the following:

(1) the date of the offense;

(2) the location of the offense;

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

(4) the crime committed;

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

(6) any organized group involved in the incident;

(7) the disposition of the case;

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

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

Sec. 8.

Minnesota Statutes 2020, section 626.8451, subdivision 1, is amended to read:


Subdivision 1.

Training course; crimes motivated by bias.

new text begin(a) new text endThe board must deleted text beginprepare
a
deleted text end new text beginapprove a list ofnew text end training deleted text begincoursedeleted text end new text begincoursesnew text end to assist peace officers in identifying deleted text beginanddeleted text endnew text begin,new text end
responding tonew text begin, and reportingnew text end crimes motivated deleted text beginbydeleted text endnew text begin in whole or in part because ofnew text end the victim's
new text begin or another's actual or perceived new text endrace, new text begincolor, ethnicity, new text endreligion, deleted text beginnational origin,deleted text end sex, new text begingender,
sexual orientation, gender identity, gender expression,
new text endage, new text beginnational origin, or new text enddisabilitynew text begin as
defined in section 363A.03
new text end, or deleted text begincharacteristics identified as sexual orientationdeleted text endnew text begin because of
the victim's actual or perceived association with another person or group of a certain actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03
new text end. The
course must include material to help officers distinguish bias crimes from other crimes, to
help officers in understanding and assisting victims of these crimes, and to ensure that bias
crimes will be accurately reported as required under section 626.5531. The deleted text begincourse must be
updated periodically
deleted text end new text beginboard must review the approved courses every three years and update
the list of approved courses
new text endas the boardnew text begin, in consultation with the commissioner of human
rights,
new text end considers appropriate.

new text begin (b) In updating the list of approved training courses described in paragraph (a), the board
must consult and secure approval from the commissioner of human rights.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2020, section 626.8469, subdivision 1, is amended to read:


Subdivision 1.

In-service training required.

(a) Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
deleted text begin anddeleted text end recognizing and valuing community diversity and cultural differences to include implicit
bias trainingnew text begin; and training to assist peace officers in identifying, responding to, and reporting
crimes committed in whole or in part because of the victim's actual or perceived race,
religion, national origin, sex, age, disability, or characteristics identified as sexual orientation
new text end
to every peace officer and part-time peace officer employed by the agency. The training
shall comply with learning objectives developed and approved by the board and shall meet
board requirements for board-approved continuing education credit. new text beginEvery three years the
board shall review the learning objectives and must consult and collaborate with the
commissioner of human rights in identifying appropriate objectives and training courses
related to identifying, responding to, and reporting crimes committed in whole or in part
because of the victim's or another's actual or perceived race, color, ethnicity, religion,
national origin, sex, gender, sexual orientation, gender identity, gender expression, age,
national origin, or disability as defined in section 363A.03, or characteristics identified as
sexual orientation because of the victim's actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or disability as defined
in section 363A.03.
new text endThe training shall consist of at least 16 continuing education credits
within an officer's three-year licensing cycle. Each peace officer with a license renewal date
after June 30, 2018, is not required to complete this training until the officer's next full
three-year licensing cycle.

(b) Beginning July 1, 2021, the training mandated under paragraph (a) must 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. Each peace officer (1) with a license renewal date before June 30,
2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
is not required to receive this training by an approved entity until the officer's next full
three-year licensing cycle.

(c) For every peace officer and part-time peace officer with a license renewal date of
June 30, 2022, or later, the training mandated under paragraph (a) must:

(1) include a minimum of six hours for crisis intervention and mental illness crisis
training that meets the standards established in subdivision 1a; and

(2) include a minimum of four hours to ensure safer interactions between peace officers
and persons with autism in compliance with section 626.8474.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10. new text beginCOLLECTION OF DATA; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the commissioner of human rights for staff and administrative costs necessary to
assist in the development of a training course and in-service training for peace officers and
otherwise fulfill the commissioner's duties pursuant to Minnesota Statutes, sections 626.8451,
subdivision 1, and 626.8469, subdivision 1; and to solicit, receive, and compile reports from
community organizations, school districts and charter schools, and individuals regarding
crimes a community member or community organization believes were committed in whole
or in part because of the victim's or another's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, marital status, status with regard to public assistance, familial status, or disability as
defined in section 363A.03, or because of the victim's actual or perceived association with
another person or group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 11. new text beginSUPPORT FOR VICTIMS OF CRIMES MOTIVATED BY BIAS;
APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the Office of Justice Programs for grants to nonprofit organizations to provide
support services for victims of crimes where there is a reasonable belief that the crimes
were committed in whole or in part because of the victim's or another's actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, marital status, status with regard to public assistance,
familial status, or disability as defined in section 363A.03, or because of the victim's actual
or perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12. new text beginSUPPORT FOR COMMUNITY ORGANIZATIONS; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the commissioner of human rights for grants to nonprofit organizations to collect
and report to the commissioner of human rights data on crimes where there is a reasonable
belief that the crimes were committed in whole or in part because of the victim's or another's
actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender
identity, gender expression, age, national origin, marital status, status with regard to public
assistance, familial status, or disability as defined in section 363A.03, or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03. Of these
amounts, up to four percent may be used for administrative expenses.
new text end

new text begin EFFECTIVE DATE. new text end

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