1.1 A bill for an act
1.2 relating to public safety; expanding the reporting of crimes motivated by bias;
1.3 amending the crimes of assault, property damage, and harassment motivated by
1.4 bias; requiring the Board of Peace Officer Standards and Training to update training
1.5 in recognizing, responding to, and reporting crimes of bias; appropriating money;
1.6 amending Minnesota Statutes 2022, sections 363A.06, subdivision 1; 609.2231,
1.7 subdivision 4; 609.2233; 609.595, subdivisions 1a, 2; 609.749, subdivision 3;
1.8 626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
1.11 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies
1.12to effectuate the purposes of this chapter and shall do the following:
1.13 (1) exercise leadership under the direction of the governor in the development of human
1.14rights policies and programs, and make recommendations to the governor and the legislature
1.15for their consideration and implementation;
1.16 (2) establish and maintain a principal office in St. Paul, and any other necessary branch
1.17offices at any location within the state;
1.18 (3) meet and function at any place within the state;
1.19 (4) employ attorneys, clerks, and other employees and agents as the commissioner may
1.20deem necessary and prescribe their duties;
1.21 (5) to the extent permitted by federal law and regulation, utilize the records of the
1.22Department of Employment and Economic Development of the state when necessary to
1.23effectuate the purposes of this chapter;
1Section 1.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 181
NINETY-THIRD SESSION
Authored by Vang, Becker-Finn, Hornstein, Hassan, Agbaje and others01/09/2023
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/16/2023 2.1 (6) obtain upon request and utilize the services of all state governmental departments
2.2and agencies;
2.3 (7) adopt suitable rules for effectuating the purposes of this chapter;
2.4 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
2.5practices, and determine whether or not probable cause exists for hearing;
2.6 (9) subpoena witnesses, administer oaths, take testimony, and require the production for
2.7examination of any books or papers relative to any matter under investigation or in question
2.8as the commissioner deems appropriate to carry out the purposes of this chapter;
2.9 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
2.10unfair discriminatory practices as being contrary to the public policy of the state;
2.11 (11) develop and conduct programs of formal and informal education designed to
2.12eliminate discrimination and intergroup conflict by use of educational techniques and
2.13programs the commissioner deems necessary;
2.14 (12) make a written report of the activities of the commissioner to the governor each
2.15year;
2.16 (13) accept gifts, bequests, grants, or other payments public and private to help finance
2.17the activities of the department;
2.18 (14) create such local and statewide advisory committees as will in the commissioner's
2.19judgment aid in effectuating the purposes of the Department of Human Rights;
2.20 (15) develop such programs as will aid in determining the compliance throughout the
2.21state with the provisions of this chapter, and in the furtherance of such duties, conduct
2.22research and study discriminatory practices based upon race, color, creed, religion, national
2.23origin, sex, age, disability, marital status, status with regard to public assistance, familial
2.24status, sexual orientation, or other factors and develop accurate data on the nature and extent
2.25of discrimination and other matters as they may affect housing, employment, public
2.26accommodations, schools, and other areas of public life;
2.27 (16) develop and disseminate technical assistance to persons subject to the provisions
2.28of this chapter, and to agencies and officers of governmental and private agencies;
2.29 (17) provide staff services to such advisory committees as may be created in aid of the
2.30functions of the Department of Human Rights;
2.31 (18) make grants in aid to the extent that appropriations are made available for that
2.32purpose in aid of carrying out duties and responsibilities; and
2Section 1.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 3.1 (19) cooperate and consult with the commissioner of labor and industry regarding the
3.2investigation of violations of, and resolution of complaints regarding section 363A.08,
3.3subdivision 7.; and
3.4 (20) solicit, receive, and compile information from community organizations, school
3.5districts and charter schools, and individuals regarding incidents committed in whole or in
3.6substantial part because of the victim's or another's actual or perceived race, color, ethnicity,
3.7religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
3.8origin, or disability as defined in section 363A.03, or because of the victim's actual or
3.9perceived association with another person or group of a certain actual or perceived race,
3.10color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
3.11age, national origin, or disability as defined in section 363A.03, and compile data in the
3.12aggregate on the nature and extent of such incidents and include summary data as defined
3.13by section 13.02, subdivision 19, on this information in the report required under clause
3.14(12), disaggregated by the type of incident and the actual or perceived characteristic for
3.15which the person was targeted. The commissioner shall provide information on the
3.16department's website about when and how a victim can report criminal conduct to a law
3.17enforcement agency. Data collected and maintained under this clause are private data on
3.18individuals as defined in section 13.02, subdivision 12.
3.19 In performing these duties, the commissioner shall give priority to those duties in clauses
3.20(8), (9), and (10) and to the duties in section 363A.36.
3.21 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
3.22paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
3.23account. Money in the account is appropriated to the commissioner of human rights to help
3.24finance activities of the department.
3.25 EFFECTIVE DATE.This section is effective July 1, 2023.
3.26 Sec. 2. Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
3.27 Subd. 4.Assaults motivated by bias.(a) Whoever assaults another in whole or in
3.28substantial part because of the victim's or another's actual or perceived race, color, ethnicity,
3.29religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
3.30origin, or disability as defined in section 363A.03, age, or national origin or because of the
3.31victim's actual or perceived association with another person or group of a certain actual or
3.32perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
3.33gender expression, age, national origin, or disability as defined in section 363A.03, may be
3Sec. 2.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 4.1sentenced to imprisonment for not more than one year or to payment of a fine of not more
4.2than $3,000, or both.
4.3 (b) Whoever violates the provisions of paragraph (a) within five years of a previous
4.4conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
4.5for not more than one year and a day or to payment of a fine of not more than $3,000, or
4.6both.
4.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.8committed on or after that date.
4.9 Sec. 3. Minnesota Statutes 2022, section 609.2233, is amended to read:
4.10 609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
4.11STATUTORY MAXIMUM SENTENCE.
4.12 A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial
4.13part because of the victim's or another person's actual or perceived race, color, ethnicity,
4.14religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
4.15origin, or disability as defined in section 363A.03, age, or national origin or because of the
4.16victim's actual or perceived association with another person or group of a certain actual or
4.17perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
4.18gender expression, age, national origin, or disability as defined in section 363A.03, is subject
4.19to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise
4.20applicable.
4.21 Sec. 4. Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
4.22 Subd. 1a.Criminal damage to property in the second degree.(a) Whoever intentionally
4.23causes damage described in subdivision 2, paragraph (a), because of the property owner's
4.24or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
4.25defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced
4.26to imprisonment for not more than one year and a day or to payment of a fine of not more
4.27than $3,000, or both., if the damage:
4.28 (1) was committed in whole or in substantial part because of the property owner's or
4.29another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
4.30gender identity, gender expression, age, national origin, or disability as defined in section
4.31363A.03;
4Sec. 4.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 5.1 (2) was committed in whole or in substantial part because of the victim's actual or
5.2perceived association with another person or group of a certain actual or perceived race,
5.3color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
5.4age, national origin, or disability as defined in section 363A.03; or
5.5 (3) was motivated in whole or in substantial part by an intent to intimidate or harm an
5.6individual or group of individuals because of actual or perceived race, color, ethnicity,
5.7religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
5.8origin, or disability as defined in section 363A.03.
5.9 (b) In any prosecution under paragraph (a), the value of property damaged by the
5.10defendant in violation of that paragraph within any six-month period may be aggregated
5.11and the defendant charged accordingly in applying this section. When two or more offenses
5.12are committed by the same person in two or more counties, the accused may be prosecuted
5.13in any county in which one of the offenses was committed for all of the offenses aggregated
5.14under this paragraph.
5.15 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
5.16committed on or after that date.
5.17 Sec. 5. Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
5.18 Subd. 2.Criminal damage to property in the third degree.(a) Except as otherwise
5.19provided in subdivision 1a, whoever intentionally causes damage to another person's physical
5.20property without the other person's consent may be sentenced to imprisonment for not more
5.21than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
5.22reduces the value of the property by more than $500 but not more than $1,000 as measured
5.23by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
5.24and the defendant knew the vehicle was a public safety motor vehicle.
5.25 (b) Whoever intentionally causes damage to another person's physical property without
5.26the other person's consent because of the property owner's or another's actual or perceived
5.27race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
5.28or national origin may be sentenced to imprisonment for not more than one year or to
5.29payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
5.30property by not more than $500. and:
5.31 (1) was committed in whole or in substantial part because of the property owner's or
5.32another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
5Sec. 5.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 6.1gender identity, gender expression, age, national origin, or disability as defined in section
6.2363A.03;
6.3 (2) was committed in whole or in substantial part because of the victim's actual or
6.4perceived association with another person or group of a certain actual or perceived race,
6.5color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
6.6age, national origin, or disability as defined in section 363A.03; or
6.7 (3) was motivated in whole or in substantial part by an intent to intimidate or harm an
6.8individual or group of individuals because of actual or perceived race, color, ethnicity,
6.9religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
6.10origin, or disability as defined in section 363A.03.
6.11 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
6.12by the defendant in violation of that paragraph within any six-month period may be
6.13aggregated and the defendant charged accordingly in applying this section. When two or
6.14more offenses are committed by the same person in two or more counties, the accused may
6.15be prosecuted in any county in which one of the offenses was committed for all of the
6.16offenses aggregated under this paragraph.
6.17 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
6.18committed on or after that date.
6.19 Sec. 6. Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
6.20 Subd. 3.Aggravated violations.(a) A person who commits any of the following acts
6.21is guilty of a felony and may be sentenced to imprisonment for not more than five years or
6.22to payment of a fine of not more than $10,000, or both:
6.23 (1) commits any offense described in subdivision 2 in whole or in substantial part because
6.24of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender,
6.25sexual orientation, gender identity, gender expression, age, national origin, or disability as
6.26defined in section 363A.03, age, or national origin or because of the victim's actual or
6.27perceived association with another person or group of a certain actual or perceived race,
6.28color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
6.29age, national origin, or disability as defined in section 363A.03;
6.30 (2) commits any offense described in subdivision 2 by falsely impersonating another;
6.31 (3) commits any offense described in subdivision 2 and a dangerous weapon was used
6.32in any way in the commission of the offense;
6Sec. 6.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 7.1 (4) commits any offense described in subdivision 2 with intent to influence or otherwise
7.2tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
7.3officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
7.4court, because of that person's performance of official duties in connection with a judicial
7.5proceeding; or
7.6 (5) commits any offense described in subdivision 2 against a victim under the age of
7.718, if the actor is more than 36 months older than the victim.
7.8 (b) A person who commits any offense described in subdivision 2 against a victim under
7.9the age of 18, if the actor is more than 36 months older than the victim, and the act is
7.10committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
7.11imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
7.12or both.
7.13 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
7.14committed on or after that date.
7.15 Sec. 7. Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read:
7.16 Subdivision 1.Reports required.A peace officer must report to the head of the officer's
7.17department every violation of chapter 609 or a local criminal ordinance if the officer has
7.18reason to believe, or if the victim alleges, that the offender was motivated to commit the
7.19act by was committed in whole or in substantial part because of the victim's actual or
7.20perceived race, color, ethnicity, religion, national origin, sex, gender, sexual orientation,
7.21gender identity, gender expression, age, national origin, or disability as defined in section
7.22363A.03, or characteristics identified as sexual orientation because of the victim's actual or
7.23perceived association with another person or group of a certain actual or perceived race,
7.24color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
7.25age, national origin, or disability as defined in section 363A.03. The superintendent of the
7.26Bureau of Criminal Apprehension shall adopt a reporting form to be used by law enforcement
7.27agencies in making the reports required under this section. The reports must include for
7.28each incident all of the following:
7.29 (1) the date of the offense;
7.30 (2) the location of the offense;
7.31 (3) whether the target of the incident is a person, private property, or public property;
7.32 (4) the crime committed;
7Sec. 7.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 8.1 (5) the type of bias and information about the offender and the victim that is relevant to
8.2that bias;
8.3 (6) any organized group involved in the incident;
8.4 (7) the disposition of the case;
8.5 (8) whether the determination that the offense was motivated by bias was based on the
8.6officer's reasonable belief or on the victim's allegation; and
8.7 (9) any additional information the superintendent deems necessary for the acquisition
8.8of accurate and relevant data.
8.9 Sec. 8. Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read:
8.10 Subdivision 1.Training course; crimes motivated by bias.(a) The board must prepare
8.11a approve a list of training course courses to assist peace officers in identifying and,
8.12responding to, and reporting crimes motivated by committed in whole or in substantial part
8.13because of the victim's or another's actual or perceived race, color, ethnicity, religion,
8.14national origin, sex, gender, sexual orientation, gender identity, gender expression, age,
8.15national origin, or disability as defined in section 363A.03, or characteristics identified as
8.16sexual orientation because of the victim's actual or perceived association with another person
8.17or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
8.18orientation, gender identity, gender expression, age, national origin, or disability as defined
8.19in section 363A.03. The course must include material to help officers distinguish bias crimes
8.20from other crimes, to help officers in understanding and assisting victims of these crimes,
8.21and to ensure that bias crimes will be accurately reported as required under section 626.5531.
8.22The course must be updated periodically board must review the approved courses every
8.23three years and update the list of approved courses as the board, in consultation with
8.24communities most targeted by hate crimes because of their characteristics as described
8.25above, organizations with expertise in providing training on hate crimes, and the statewide
8.26coalition of organizations representing communities impacted by hate crimes , considers
8.27appropriate.
8.28 (b) In updating the list of approved training courses described in paragraph (a), the board
8.29must consult and significantly incorporate input from communities most targeted by hate
8.30crimes because of their characteristics as described in paragraph (a), organizations with
8.31expertise in providing training on hate crimes, and the statewide coalition of organizations
8.32representing communities impacted by hate crimes.
8.33 EFFECTIVE DATE.This section is effective July 1, 2023.
8Sec. 8.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 9.1 Sec. 9. Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read:
9.2 Subdivision 1.In-service training required.(a) Beginning July 1, 2018, the chief law
9.3enforcement officer of every state and local law enforcement agency shall provide in-service
9.4training in crisis intervention and mental illness crises; conflict management and mediation;
9.5and recognizing and valuing community diversity and cultural differences to include implicit
9.6bias training; and training to assist peace officers in identifying, responding to, and reporting
9.7incidents committed in whole or in substantial part because of the victim's actual or perceived
9.8race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
9.9expression, age, national origin, or disability as defined in section 363A.03, or because of
9.10the victim's actual or perceived association with another person or group of a certain actual
9.11or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
9.12gender expression, age, national origin, or disability as defined in section 363A.03, to every
9.13peace officer and part-time peace officer employed by the agency. The training shall comply
9.14with learning objectives developed and approved by the board and shall meet board
9.15requirements for board-approved continuing education credit. Every three years the board
9.16shall review the learning objectives and must consult and collaborate with communities
9.17most targeted by hate crimes because of their characteristics as described above, organizations
9.18with expertise in providing training on hate crimes, and the statewide coalition of
9.19organizations representing communities impacted by hate crimes in identifying appropriate
9.20objectives and training courses related to identifying, responding to, and reporting incidents
9.21committed in whole or in substantial part because of the victim's or another's actual or
9.22perceived race, color, ethnicity, religion, national origin, sex, gender, sexual orientation,
9.23gender identity, gender expression, age, national origin, or disability as defined in section
9.24363A.03, or because of the victim's actual or perceived association with another person or
9.25group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
9.26orientation, gender identity, gender expression, age, national origin, or disability as defined
9.27in section 363A.03. The training shall consist of at least 16 continuing education credits
9.28within an officer's three-year licensing cycle. Each peace officer with a license renewal date
9.29after June 30, 2018, is not required to complete this training until the officer's next full
9.30three-year licensing cycle.
9.31 (b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided
9.32by an approved entity. The board shall create a list of approved entities and training courses
9.33and make the list available to the chief law enforcement officer of every state and local law
9.34enforcement agency. Each peace officer (1) with a license renewal date before June 30,
9.352022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
9Sec. 9.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 10.1is not required to receive this training by an approved entity until the officer's next full
10.2three-year licensing cycle.
10.3 (c) For every peace officer and part-time peace officer with a license renewal date of
10.4June 30, 2022, or later, the training mandated under paragraph (a) must:
10.5 (1) include a minimum of six hours for crisis intervention and mental illness crisis
10.6training that meets the standards established in subdivision 1a; and
10.7 (2) include a minimum of four hours to ensure safer interactions between peace officers
10.8and persons with autism in compliance with section 626.8474.
10.9 EFFECTIVE DATE.This section is effective July 1, 2023.
10.10Sec. 10. COLLECTION OF DATA; APPROPRIATION.
10.11 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
10.12fund to the commissioner of human rights for staff and administrative costs necessary to
10.13solicit, receive, and compile information from community organizations, school districts
10.14and charter schools, and individuals regarding crimes committed in whole or in substantial
10.15part because of the victim's or another's actual or perceived race, color, ethnicity, religion,
10.16sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or
10.17disability as defined in Minnesota Statutes, section 363A.03, or because of the victim's
10.18actual or perceived association with another person or group of a certain actual or perceived
10.19race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
10.20expression, age, national origin, or disability as defined in Minnesota Statutes, section
10.21363A.03.
10.22 EFFECTIVE DATE.This section is effective July 1, 2023.
10.23Sec. 11. SUPPORT FOR VICTIMS OF CRIMES MOTIVATED BY BIAS;
10.24APPROPRIATION.
10.25 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
10.26fund to the commissioner of public safety for the Office of Justice Programs to make grants
10.27to nonprofit organizations to provide support services for victims of crimes where there is
10.28a reasonable belief that the crimes were committed in whole or in substantial part because
10.29of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender,
10.30sexual orientation, gender identity, gender expression, age, national origin, or disability as
10.31defined in Minnesota Statutes, section 363A.03, or because of the victim's actual or perceived
10.32association with another person or group of a certain actual or perceived race, color, ethnicity,
10Sec. 11.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT 11.1religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
11.2origin, or disability as defined in Minnesota Statutes, section 363A.03.
11.3 EFFECTIVE DATE.This section is effective July 1, 2023.
11.4 Sec. 12. SUPPORT FOR COMMUNITY ORGANIZATIONS; APPROPRIATION.
11.5 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
11.6fund to the commissioner of public safety for the Office of Justice Programs to make grants
11.7to nonprofit organizations to collect and report to the commissioner of human rights data
11.8on incidents committed in whole or in substantial part because of the victim's or another's
11.9actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender
11.10identity, gender expression, age, national origin, or disability as defined in Minnesota
11.11Statutes, section 363A.03, or because of the victim's actual or perceived association with
11.12another person or group of a certain actual or perceived race, color, ethnicity, religion, sex,
11.13gender, sexual orientation, gender identity, gender expression, age, national origin, or
11.14disability as defined in Minnesota Statutes, section 363A.03. Of these amounts, up to four
11.15percent may be used for administrative expenses.
11.16 EFFECTIVE DATE.This section is effective July 1, 2023.
11Sec. 12.
REVISOR KLL H0181-1HF181 FIRST ENGROSSMENT