Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 220-S.F.No. 58 
           An act relating to local governments; permitting local 
          governments to require the payment of legal fees 
          incurred by peace officers who are the subject of 
          investigation by a civilian review authority; amending 
          Minnesota Statutes 1992, section 471.44. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 471.44, is 
amended to read: 
    471.44 [MUNICIPALITIES TO FURNISH COUNSEL TO DEFEND PUBLIC 
OFFICIALS.] 
    Subdivision 1.  [COSTS IN DEFENSE OF LEGAL ACTION.] On and 
after the passage of Laws 1937, chapter 442, every city, town, 
or county of this state employing sheriffs, police officers, or 
peace officers shall be required to furnish legal counsel to 
defend any sheriff, deputy sheriff, police officer, or peace 
officer employed by any such governmental subdivision in all 
actions brought against such officer to recover damages for 
alleged false arrest or alleged injury to person, property or 
character, when such alleged false arrest or alleged injury to 
person, property or character was the result of an arrest made 
by such officer in good faith and in the performance of official 
duties and pay the reasonable costs and expenses of defending 
such suit, including witness fees and reasonable counsel fees, 
notwithstanding any contrary provisions in the laws of this 
state or in the charter of any such governmental subdivision.  
    Subd. 2.  [COSTS IN DEFENSE OF CIVILIAN COMPLAINTS.] A home 
rule charter or statutory city, town, or county that establishes 
a peace officer civilian review authority to review civilian 
complaints about alleged peace officer misconduct shall pay the 
reasonable costs of legal counsel and reasonable fees incurred 
by the officer in defending against a complaint after probable 
cause is found if the complaint is not upheld at a hearing 
before the authority.  If a complaint against a peace officer is 
sustained, no payment may be made under this subdivision. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day after final enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 10:57 a.m.