as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:21pm
A bill for an act
relating to public safety; prohibiting retaliation against peace officers who intercede
against or report on use of excessive force; providing for civil remedies; amending
Minnesota Statutes 2020, section 626.8452, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:
(a) An employer or supervisor
shall not discharge, discipline, threaten, retaliate, otherwise discriminate against, or penalize
a peace officer regarding the officer's compensation, terms, conditions, location, or privileges
of employment because the officer interceded or made a report in compliance with section
626.8475 or a policy adopted under subdivision 1a regarding another employee or peace
officer who used excessive force.
(b) A court may order the employer or supervisor to pay back wages and offer job
reinstatement to any officer discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, a peace officer injured by a
violation of paragraph (a) may bring a civil action for recovery of damages together with
costs and disbursements, including reasonable attorney fees, and may receive injunctive
and other equitable relief, including reinstatement, as determined by the court.
This section is effective August 1, 2022, and applies to causes
of action accruing on or after that date.
Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:
(a) A peace officer or
employee of a law enforcement agency may not threaten, harass, retaliate, or otherwise
discriminate against a peace officer because the officer interceded or made a report in
compliance with section 626.8475 or a policy adopted under subdivision 1a regarding
another employee or peace officer who used excessive force.
(b) A person who violates paragraph (a) is subject to disciplinary action as determined
by the chief law enforcement officer of the agency employing the person.
(c) A peace officer who is the victim of conduct prohibited in paragraph (a) may bring
a civil action for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief as determined
by the court.
This section is effective August 1, 2022, and applies to causes
of action accruing on or after that date.