Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 643-H.F.No. 2340 
           An act relating to crime; law enforcement; requiring 
          the reporting of crimes motivated by bias; requiring 
          the peace officer standards and training board to 
          mandate pre-service training for peace officers in 
          recognizing, responding to, and reporting crimes of 
          bias; requiring the board to make similar 
          instructional materials available to peace officers 
          for continuing education credit; proposing coding for 
          new law in Minnesota Statutes, chapter 626. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [626.5531] [REPORTING OF CRIMES MOTIVATED BY 
BIAS.] 
    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 that the offender was motivated to commit the 
act by the victim's race, religion, national origin, sex, age, 
disability, or characteristics identified as sexual 
orientation.  The superintendent of the bureau of criminal 
apprehension shall adopt a reporting form to be used by law 
enforcement agencies in making the reports required under this 
section.  The reports must include for each incident all of the 
following: 
    (1) the date of the offense;  
    (2) the location of the offense; 
    (3) whether the target of the incident is a person, private 
property, or public property;  
    (4) the crime committed;  
    (5) the type of bias and information about the offender and 
the victim that is relevant to that bias; 
    (6) any organized group involved in the incident; 
    (7) the disposition of the case; and 
    (8) any additional information the superintendent deems 
necessary for the acquisition of accurate and relevant data. 
    Subd. 2.  [USE OF INFORMATION COLLECTED.] The head of a 
local law enforcement agency or state law enforcement department 
that employs peace officers licensed under section 626.843 must 
file a monthly report describing crimes reported under this 
section with the department of public safety, bureau of criminal 
apprehension.  The commissioner of public safety must summarize 
and analyze the information received and file an annual report 
with the department of human rights and the legislature. 
    Sec. 2.  [626.8451] [TRAINING IN IDENTIFYING AND RESPONDING 
TO CRIMES MOTIVATED BY BIAS.] 
    Subdivision 1.  [TRAINING COURSE.] The board must prepare a 
training course to assist peace officers in identifying and 
responding to crimes motivated by the victim's race, religion, 
national origin, sex, age, disability, or characteristics 
identified as sexual orientation.  The course must include 
material to help officers distinguish bias crimes from other 
crimes, to help officers in understanding and assisting victims 
of these crimes, and to ensure that bias crimes will be 
accurately reported as required under section 1.  The course 
must be updated periodically as the board considers appropriate. 
     Subd. 2.  [PRE-SERVICE TRAINING REQUIREMENT.] An individual 
may not be licensed as a peace officer after August 1, 1990, 
unless the individual has received the training described in 
subdivision 1. 
    Subd. 3.  [IN-SERVICE TRAINING; BOARD REQUIREMENTS.] The 
board must provide to chief law enforcement officers 
instructional materials patterned after the materials developed 
by the board under subdivision 1.  These materials must meet 
board requirements for continuing education credit and be 
updated periodically as the board considers appropriate.  The 
board must also seek funding for an educational conference to 
inform and sensitize chief law enforcement officers and other 
interested persons to the law enforcement issues associated with 
bias crimes.  If funding is obtained, the board may sponsor the 
educational conference on its own or with other public or 
private entities. 
    Subd. 4.  [IN-SERVICE TRAINING; CHIEF LAW ENFORCEMENT 
OFFICER REQUIREMENTS.] A chief law enforcement officer must 
inform all peace officers within the officer's agency of (1) the 
requirements of section 1, (2) the availability of the 
instructional materials provided by the board under subdivision 
3, and (3) the availability of continuing education credit for 
the completion of these materials.  The chief law enforcement 
officer must also encourage these peace officers to review or 
complete the materials. 
    Approved April 26, 1988