| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; expanding the reporting of crimes motivated by bias; |
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| 3 | 3 | | 1.3 amending the crimes of assault, property damage, and harassment motivated by |
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| 4 | 4 | | 1.4 bias; requiring the Board of Peace Officer Standards and Training to update training |
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| 5 | 5 | | 1.5 in recognizing, responding to, and reporting crimes of bias; appropriating money; |
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| 6 | 6 | | 1.6 amending Minnesota Statutes 2022, sections 363A.06, subdivision 1; 609.2231, |
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| 7 | 7 | | 1.7 subdivision 4; 609.2233; 609.595, subdivisions 1a, 2; 609.749, subdivision 3; |
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| 8 | 8 | | 1.8 626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1. |
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| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read: |
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| 11 | 11 | | 1.11 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies |
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| 12 | 12 | | 1.12to effectuate the purposes of this chapter and shall do the following: |
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| 13 | 13 | | 1.13 (1) exercise leadership under the direction of the governor in the development of human |
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| 14 | 14 | | 1.14rights policies and programs, and make recommendations to the governor and the legislature |
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| 15 | 15 | | 1.15for their consideration and implementation; |
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| 16 | 16 | | 1.16 (2) establish and maintain a principal office in St. Paul, and any other necessary branch |
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| 17 | 17 | | 1.17offices at any location within the state; |
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| 18 | 18 | | 1.18 (3) meet and function at any place within the state; |
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| 19 | 19 | | 1.19 (4) employ attorneys, clerks, and other employees and agents as the commissioner may |
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| 20 | 20 | | 1.20deem necessary and prescribe their duties; |
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| 21 | 21 | | 1.21 (5) to the extent permitted by federal law and regulation, utilize the records of the |
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| 22 | 22 | | 1.22Department of Employment and Economic Development of the state when necessary to |
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| 23 | 23 | | 1.23effectuate the purposes of this chapter; |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 691NINETY-THIRD SESSION |
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| 29 | 29 | | (SENATE AUTHORS: MOHAMED, Xiong, Oumou Verbeten, Dibble and Champion) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading01/25/2023 |
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| 32 | 32 | | Referred to Judiciary and Public Safety 2.1 (6) obtain upon request and utilize the services of all state governmental departments |
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| 33 | 33 | | 2.2and agencies; |
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| 34 | 34 | | 2.3 (7) adopt suitable rules for effectuating the purposes of this chapter; |
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| 35 | 35 | | 2.4 (8) issue complaints, receive and investigate charges alleging unfair discriminatory |
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| 36 | 36 | | 2.5practices, and determine whether or not probable cause exists for hearing; |
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| 37 | 37 | | 2.6 (9) subpoena witnesses, administer oaths, take testimony, and require the production for |
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| 38 | 38 | | 2.7examination of any books or papers relative to any matter under investigation or in question |
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| 39 | 39 | | 2.8as the commissioner deems appropriate to carry out the purposes of this chapter; |
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| 40 | 40 | | 2.9 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate |
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| 41 | 41 | | 2.10unfair discriminatory practices as being contrary to the public policy of the state; |
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| 42 | 42 | | 2.11 (11) develop and conduct programs of formal and informal education designed to |
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| 43 | 43 | | 2.12eliminate discrimination and intergroup conflict by use of educational techniques and |
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| 44 | 44 | | 2.13programs the commissioner deems necessary; |
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| 45 | 45 | | 2.14 (12) make a written report of the activities of the commissioner to the governor each |
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| 46 | 46 | | 2.15year; |
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| 47 | 47 | | 2.16 (13) accept gifts, bequests, grants, or other payments public and private to help finance |
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| 48 | 48 | | 2.17the activities of the department; |
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| 49 | 49 | | 2.18 (14) create such local and statewide advisory committees as will in the commissioner's |
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| 50 | 50 | | 2.19judgment aid in effectuating the purposes of the Department of Human Rights; |
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| 51 | 51 | | 2.20 (15) develop such programs as will aid in determining the compliance throughout the |
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| 52 | 52 | | 2.21state with the provisions of this chapter, and in the furtherance of such duties, conduct |
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| 53 | 53 | | 2.22research and study discriminatory practices based upon race, color, creed, religion, national |
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| 54 | 54 | | 2.23origin, sex, age, disability, marital status, status with regard to public assistance, familial |
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| 55 | 55 | | 2.24status, sexual orientation, or other factors and develop accurate data on the nature and extent |
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| 56 | 56 | | 2.25of discrimination and other matters as they may affect housing, employment, public |
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| 57 | 57 | | 2.26accommodations, schools, and other areas of public life; |
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| 58 | 58 | | 2.27 (16) develop and disseminate technical assistance to persons subject to the provisions |
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| 59 | 59 | | 2.28of this chapter, and to agencies and officers of governmental and private agencies; |
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| 60 | 60 | | 2.29 (17) provide staff services to such advisory committees as may be created in aid of the |
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| 61 | 61 | | 2.30functions of the Department of Human Rights; |
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| 62 | 62 | | 2.31 (18) make grants in aid to the extent that appropriations are made available for that |
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| 63 | 63 | | 2.32purpose in aid of carrying out duties and responsibilities; and |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 3.1 (19) cooperate and consult with the commissioner of labor and industry regarding the |
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| 66 | 66 | | 3.2investigation of violations of, and resolution of complaints regarding section 363A.08, |
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| 67 | 67 | | 3.3subdivision 7.; |
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| 68 | 68 | | 3.4 (20) collaborate and consult with the Board of Peace Officer Standards and Training |
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| 69 | 69 | | 3.5regarding the training of peace officers in identifying, responding to, and reporting crimes |
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| 70 | 70 | | 3.6motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including |
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| 71 | 71 | | 3.7but not limited to the duty of peace officers to report crimes motivated by bias under section |
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| 72 | 72 | | 3.8626.5531; and |
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| 73 | 73 | | 3.9 (21) solicit, receive, and compile reports from community organizations, school districts |
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| 74 | 74 | | 3.10and charter schools, and individuals regarding crimes a community member or community |
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| 75 | 75 | | 3.11organization believes are motivated by the victim's or another's actual or perceived race, |
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| 76 | 76 | | 3.12color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, |
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| 77 | 77 | | 3.13age, national origin, marital status, status with regard to public assistance, familial status, |
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| 78 | 78 | | 3.14or disability as defined in section 363A.03, or because of the victim's actual or perceived |
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| 79 | 79 | | 3.15association with another person or group of a certain actual or perceived race, color, ethnicity, |
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| 80 | 80 | | 3.16religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 81 | 81 | | 3.17origin, or disability as defined in section 363A.03, and develop data on the nature and extent |
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| 82 | 82 | | 3.18of crimes motivated by bias and include this information in the report required under clause |
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| 83 | 83 | | 3.19(12). The commissioner shall provide information on the department's website about when |
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| 84 | 84 | | 3.20and how a victim reports criminal conduct to a law enforcement agency. |
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| 85 | 85 | | 3.21 In performing these duties, the commissioner shall give priority to those duties in clauses |
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| 86 | 86 | | 3.22(8), (9), and (10) and to the duties in section 363A.36. |
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| 87 | 87 | | 3.23 (b) All gifts, bequests, grants, or other payments, public and private, accepted under |
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| 88 | 88 | | 3.24paragraph (a), clause (13), must be deposited in the state treasury and credited to a special |
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| 89 | 89 | | 3.25account. Money in the account is appropriated to the commissioner of human rights to help |
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| 90 | 90 | | 3.26finance activities of the department. |
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| 91 | 91 | | 3.27 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 92 | 92 | | 3.28 Sec. 2. Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read: |
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| 93 | 93 | | 3.29 Subd. 4.Assaults motivated by bias.(a) Whoever assaults another in whole or in part |
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| 94 | 94 | | 3.30because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, |
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| 95 | 95 | | 3.31gender, sexual orientation, gender identity, gender expression, age, national origin, or |
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| 96 | 96 | | 3.32disability as defined in section 363A.03, age, or national origin or because of the victim's |
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| 97 | 97 | | 3.33actual or perceived association with another person or group of a certain actual or perceived |
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| 98 | 98 | | 3Sec. 2. |
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| 99 | 99 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 4.1race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender |
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| 100 | 100 | | 4.2expression, age, national origin, or disability as defined in section 363A.03, may be sentenced |
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| 101 | 101 | | 4.3to imprisonment for not more than one year or to payment of a fine of not more than $3,000, |
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| 102 | 102 | | 4.4or both. |
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| 103 | 103 | | 4.5 (b) Whoever violates the provisions of paragraph (a) within five years of a previous |
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| 104 | 104 | | 4.6conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment |
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| 105 | 105 | | 4.7for not more than one year and a day or to payment of a fine of not more than $3,000, or |
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| 106 | 106 | | 4.8both. |
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| 107 | 107 | | 4.9 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 108 | 108 | | 4.10committed on or after that date. |
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| 109 | 109 | | 4.11 Sec. 3. Minnesota Statutes 2022, section 609.2233, is amended to read: |
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| 110 | 110 | | 4.12 609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED |
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| 111 | 111 | | 4.13STATUTORY MAXIMUM SENTENCE. |
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| 112 | 112 | | 4.14 A person who violates section 609.221, 609.222, or 609.223 because of the victim's or |
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| 113 | 113 | | 4.15another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual |
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| 114 | 114 | | 4.16orientation, gender identity, gender expression, age, national origin, or disability as defined |
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| 115 | 115 | | 4.17in section 363A.03, age, or national origin or because of the victim's actual or perceived |
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| 116 | 116 | | 4.18association with another person or group of a certain actual or perceived race, color, ethnicity, |
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| 117 | 117 | | 4.19religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 118 | 118 | | 4.20origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty |
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| 119 | 119 | | 4.21of 25 percent longer than the maximum penalty otherwise applicable. |
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| 120 | 120 | | 4.22 Sec. 4. Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read: |
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| 121 | 121 | | 4.23 Subd. 1a.Criminal damage to property in the second degree.(a) Whoever intentionally |
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| 122 | 122 | | 4.24causes damage described in subdivision 2, paragraph (a), because of the property owner's |
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| 123 | 123 | | 4.25or another's actual or perceived race, color, religion, sex, sexual orientation, disability as |
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| 124 | 124 | | 4.26defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced |
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| 125 | 125 | | 4.27to imprisonment for not more than one year and a day or to payment of a fine of not more |
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| 126 | 126 | | 4.28than $3,000, or both., if the damage: |
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| 127 | 127 | | 4.29 (1) was committed in whole or in part because of the property owner's or another's actual |
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| 128 | 128 | | 4.30or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, |
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| 129 | 129 | | 4.31gender expression, age, national origin, or disability as defined in section 363A.03; |
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| 130 | 130 | | 4Sec. 4. |
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| 131 | 131 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 5.1 (2) was committed in whole or in part because of the victim's actual or perceived |
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| 132 | 132 | | 5.2association with another person or group of a certain actual or perceived race, color, ethnicity, |
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| 133 | 133 | | 5.3religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 134 | 134 | | 5.4origin, or disability as defined in section 363A.03; |
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| 135 | 135 | | 5.5 (3) was motivated in whole or in part by an intent to intimidate or harm an individual |
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| 136 | 136 | | 5.6or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, |
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| 137 | 137 | | 5.7gender, sexual orientation, gender identity, gender expression, age, national origin, or |
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| 138 | 138 | | 5.8disability as defined in section 363A.03; or |
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| 139 | 139 | | 5.9 (4) was motivated in whole or in part by an intent to intimidate or harm an individual |
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| 140 | 140 | | 5.10or group of individuals because of the victim's actual or perceived association with another |
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| 141 | 141 | | 5.11person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, |
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| 142 | 142 | | 5.12sexual orientation, gender identity, gender expression, age, national origin, or disability as |
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| 143 | 143 | | 5.13defined in section 363A.03. |
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| 144 | 144 | | 5.14 (b) In any prosecution under paragraph (a), the value of property damaged by the |
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| 145 | 145 | | 5.15defendant in violation of that paragraph within any six-month period may be aggregated |
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| 146 | 146 | | 5.16and the defendant charged accordingly in applying this section. When two or more offenses |
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| 147 | 147 | | 5.17are committed by the same person in two or more counties, the accused may be prosecuted |
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| 148 | 148 | | 5.18in any county in which one of the offenses was committed for all of the offenses aggregated |
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| 149 | 149 | | 5.19under this paragraph. |
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| 150 | 150 | | 5.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 151 | 151 | | 5.21committed on or after that date. |
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| 152 | 152 | | 5.22 Sec. 5. Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read: |
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| 153 | 153 | | 5.23 Subd. 2.Criminal damage to property in the third degree.(a) Except as otherwise |
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| 154 | 154 | | 5.24provided in subdivision 1a, whoever intentionally causes damage to another person's physical |
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| 155 | 155 | | 5.25property without the other person's consent may be sentenced to imprisonment for not more |
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| 156 | 156 | | 5.26than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage |
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| 157 | 157 | | 5.27reduces the value of the property by more than $500 but not more than $1,000 as measured |
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| 158 | 158 | | 5.28by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle |
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| 159 | 159 | | 5.29and the defendant knew the vehicle was a public safety motor vehicle. |
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| 160 | 160 | | 5.30 (b) Whoever intentionally causes damage to another person's physical property without |
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| 161 | 161 | | 5.31the other person's consent because of the property owner's or another's actual or perceived |
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| 162 | 162 | | 5.32race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, |
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| 163 | 163 | | 5.33or national origin may be sentenced to imprisonment for not more than one year or to |
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| 164 | 164 | | 5Sec. 5. |
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| 165 | 165 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 6.1payment of a fine of not more than $3,000, or both, if the damage reduces the value of the |
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| 166 | 166 | | 6.2property by not more than $500. and: |
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| 167 | 167 | | 6.3 (1) was committed in whole or in part because of the property owner's or another's actual |
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| 168 | 168 | | 6.4or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, |
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| 169 | 169 | | 6.5gender expression, age, national origin, or disability as defined in section 363A.03; |
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| 170 | 170 | | 6.6 (2) was committed in whole or in part because of the victim's actual or perceived |
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| 171 | 171 | | 6.7association with another person or group of a certain actual or perceived race, color, ethnicity, |
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| 172 | 172 | | 6.8religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 173 | 173 | | 6.9origin, or disability as defined in section 363A.03; |
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| 174 | 174 | | 6.10 (3) was motivated in whole or in part by an intent to intimidate or harm an individual |
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| 175 | 175 | | 6.11or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, |
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| 176 | 176 | | 6.12gender, sexual orientation, gender identity, gender expression, age, national origin, or |
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| 177 | 177 | | 6.13disability as defined in section 363A.03; or |
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| 178 | 178 | | 6.14 (4) was motivated in whole or in part by an intent to intimidate or harm an individual |
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| 179 | 179 | | 6.15or group of individuals because of the victim's actual or perceived association with another |
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| 180 | 180 | | 6.16person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, |
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| 181 | 181 | | 6.17sexual orientation, gender identity, gender expression, age, national origin, or disability as |
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| 182 | 182 | | 6.18defined in section 363A.03. |
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| 183 | 183 | | 6.19 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged |
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| 184 | 184 | | 6.20by the defendant in violation of that paragraph within any six-month period may be |
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| 185 | 185 | | 6.21aggregated and the defendant charged accordingly in applying this section. When two or |
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| 186 | 186 | | 6.22more offenses are committed by the same person in two or more counties, the accused may |
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| 187 | 187 | | 6.23be prosecuted in any county in which one of the offenses was committed for all of the |
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| 188 | 188 | | 6.24offenses aggregated under this paragraph. |
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| 189 | 189 | | 6.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 190 | 190 | | 6.26committed on or after that date. |
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| 191 | 191 | | 6.27 Sec. 6. Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read: |
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| 192 | 192 | | 6.28 Subd. 3.Aggravated violations.(a) A person who commits any of the following acts |
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| 193 | 193 | | 6.29is guilty of a felony and may be sentenced to imprisonment for not more than five years or |
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| 194 | 194 | | 6.30to payment of a fine of not more than $10,000, or both: |
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| 195 | 195 | | 6.31 (1) commits any offense described in subdivision 2 because of the victim's or another's |
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| 196 | 196 | | 6.32actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender |
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| 197 | 197 | | 6.33identity, gender expression, age, national origin, or disability as defined in section 363A.03, |
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| 198 | 198 | | 6Sec. 6. |
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| 199 | 199 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 7.1age, or national origin or because of the victim's actual or perceived association with another |
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| 200 | 200 | | 7.2person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, |
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| 201 | 201 | | 7.3sexual orientation, gender identity, gender expression, age, national origin, or disability as |
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| 202 | 202 | | 7.4defined in section 363A.03; |
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| 203 | 203 | | 7.5 (2) commits any offense described in subdivision 2 by falsely impersonating another; |
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| 204 | 204 | | 7.6 (3) commits any offense described in subdivision 2 and a dangerous weapon was used |
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| 205 | 205 | | 7.7in any way in the commission of the offense; |
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| 206 | 206 | | 7.8 (4) commits any offense described in subdivision 2 with intent to influence or otherwise |
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| 207 | 207 | | 7.9tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial |
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| 208 | 208 | | 7.10officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the |
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| 209 | 209 | | 7.11court, because of that person's performance of official duties in connection with a judicial |
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| 210 | 210 | | 7.12proceeding; or |
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| 211 | 211 | | 7.13 (5) commits any offense described in subdivision 2 against a victim under the age of |
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| 212 | 212 | | 7.1418, if the actor is more than 36 months older than the victim. |
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| 213 | 213 | | 7.15 (b) A person who commits any offense described in subdivision 2 against a victim under |
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| 214 | 214 | | 7.16the age of 18, if the actor is more than 36 months older than the victim, and the act is |
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| 215 | 215 | | 7.17committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to |
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| 216 | 216 | | 7.18imprisonment for not more than ten years or to payment of a fine of not more than $20,000, |
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| 217 | 217 | | 7.19or both. |
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| 218 | 218 | | 7.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 219 | 219 | | 7.21committed on or after that date. |
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| 220 | 220 | | 7.22 Sec. 7. Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read: |
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| 221 | 221 | | 7.23 Subdivision 1.Reports required.A peace officer must report to the head of the officer's |
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| 222 | 222 | | 7.24department every violation of chapter 609 or a local criminal ordinance if the officer has |
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| 223 | 223 | | 7.25reason to believe, or if the victim alleges, that the offender was motivated to commit the |
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| 224 | 224 | | 7.26act by in whole or in part because of the victim's actual or perceived race, color, ethnicity, |
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| 225 | 225 | | 7.27religion, national origin, sex, gender, sexual orientation, gender identity, gender expression, |
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| 226 | 226 | | 7.28age, national origin, or disability as defined in section 363A.03, or characteristics identified |
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| 227 | 227 | | 7.29as sexual orientation because of the victim's actual or perceived association with another |
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| 228 | 228 | | 7.30person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, |
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| 229 | 229 | | 7.31sexual orientation, gender identity, gender expression, age, national origin, or disability as |
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| 230 | 230 | | 7.32defined in section 363A.03. The superintendent of the Bureau of Criminal Apprehension |
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| 231 | 231 | | 7Sec. 7. |
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| 232 | 232 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 8.1shall adopt a reporting form to be used by law enforcement agencies in making the reports |
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| 233 | 233 | | 8.2required under this section. The reports must include for each incident all of the following: |
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| 234 | 234 | | 8.3 (1) the date of the offense; |
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| 235 | 235 | | 8.4 (2) the location of the offense; |
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| 236 | 236 | | 8.5 (3) whether the target of the incident is a person, private property, or public property; |
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| 237 | 237 | | 8.6 (4) the crime committed; |
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| 238 | 238 | | 8.7 (5) the type of bias and information about the offender and the victim that is relevant to |
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| 239 | 239 | | 8.8that bias; |
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| 240 | 240 | | 8.9 (6) any organized group involved in the incident; |
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| 241 | 241 | | 8.10 (7) the disposition of the case; |
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| 242 | 242 | | 8.11 (8) whether the determination that the offense was motivated by bias was based on the |
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| 243 | 243 | | 8.12officer's reasonable belief or on the victim's allegation; and |
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| 244 | 244 | | 8.13 (9) any additional information the superintendent deems necessary for the acquisition |
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| 245 | 245 | | 8.14of accurate and relevant data. |
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| 246 | 246 | | 8.15 Sec. 8. Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read: |
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| 247 | 247 | | 8.16 Subdivision 1.Training course; crimes motivated by bias.(a) The board must prepare |
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| 248 | 248 | | 8.17a approve a list of training course courses to assist peace officers in identifying and, |
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| 249 | 249 | | 8.18responding to, and reporting crimes motivated by in whole or in part because of the victim's |
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| 250 | 250 | | 8.19or another's actual or perceived race, color, ethnicity, religion, national origin, sex, gender, |
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| 251 | 251 | | 8.20sexual orientation, gender identity, gender expression, age, national origin, or disability as |
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| 252 | 252 | | 8.21defined in section 363A.03, or characteristics identified as sexual orientation because of |
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| 253 | 253 | | 8.22the victim's actual or perceived association with another person or group of a certain actual |
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| 254 | 254 | | 8.23or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, |
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| 255 | 255 | | 8.24gender expression, age, national origin, or disability as defined in section 363A.03. The |
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| 256 | 256 | | 8.25course must include material to help officers distinguish bias crimes from other crimes, to |
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| 257 | 257 | | 8.26help officers in understanding and assisting victims of these crimes, and to ensure that bias |
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| 258 | 258 | | 8.27crimes will be accurately reported as required under section 626.5531. The course must be |
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| 259 | 259 | | 8.28updated periodically board must review the approved courses every three years and update |
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| 260 | 260 | | 8.29the list of approved courses as the board, in consultation with the commissioner of human |
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| 261 | 261 | | 8.30rights, considers appropriate. |
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| 262 | 262 | | 8.31 (b) In updating the list of approved training courses described in paragraph (a), the board |
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| 263 | 263 | | 8.32must consult and secure approval from the commissioner of human rights. |
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| 264 | 264 | | 8Sec. 8. |
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| 265 | 265 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 9.1 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 266 | 266 | | 9.2 Sec. 9. Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read: |
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| 267 | 267 | | 9.3 Subdivision 1.In-service training required.(a) Beginning July 1, 2018, the chief law |
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| 268 | 268 | | 9.4enforcement officer of every state and local law enforcement agency shall provide in-service |
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| 269 | 269 | | 9.5training in crisis intervention and mental illness crises; conflict management and mediation; |
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| 270 | 270 | | 9.6and recognizing and valuing community diversity and cultural differences to include implicit |
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| 271 | 271 | | 9.7bias training; and training to assist peace officers in identifying, responding to, and reporting |
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| 272 | 272 | | 9.8crimes committed in whole or in part because of the victim's actual or perceived race, |
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| 273 | 273 | | 9.9religion, national origin, sex, age, disability, or characteristics identified as sexual orientation |
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| 274 | 274 | | 9.10to every peace officer and part-time peace officer employed by the agency. The training |
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| 275 | 275 | | 9.11shall comply with learning objectives developed and approved by the board and shall meet |
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| 276 | 276 | | 9.12board requirements for board-approved continuing education credit. Every three years the |
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| 277 | 277 | | 9.13board shall review the learning objectives and must consult and collaborate with the |
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| 278 | 278 | | 9.14commissioner of human rights in identifying appropriate objectives and training courses |
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| 279 | 279 | | 9.15related to identifying, responding to, and reporting crimes committed in whole or in part |
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| 280 | 280 | | 9.16because of the victim's or another's actual or perceived race, color, ethnicity, religion, |
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| 281 | 281 | | 9.17national origin, sex, gender, sexual orientation, gender identity, gender expression, age, |
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| 282 | 282 | | 9.18national origin, or disability as defined in section 363A.03, or characteristics identified as |
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| 283 | 283 | | 9.19sexual orientation because of the victim's actual or perceived association with another person |
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| 284 | 284 | | 9.20or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual |
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| 285 | 285 | | 9.21orientation, gender identity, gender expression, age, national origin, or disability as defined |
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| 286 | 286 | | 9.22in section 363A.03. The training shall consist of at least 16 continuing education credits |
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| 287 | 287 | | 9.23within an officer's three-year licensing cycle. Each peace officer with a license renewal date |
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| 288 | 288 | | 9.24after June 30, 2018, is not required to complete this training until the officer's next full |
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| 289 | 289 | | 9.25three-year licensing cycle. |
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| 290 | 290 | | 9.26 (b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided |
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| 291 | 291 | | 9.27by an approved entity. The board shall create a list of approved entities and training courses |
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| 292 | 292 | | 9.28and make the list available to the chief law enforcement officer of every state and local law |
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| 293 | 293 | | 9.29enforcement agency. Each peace officer (1) with a license renewal date before June 30, |
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| 294 | 294 | | 9.302022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, |
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| 295 | 295 | | 9.31is not required to receive this training by an approved entity until the officer's next full |
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| 296 | 296 | | 9.32three-year licensing cycle. |
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| 297 | 297 | | 9.33 (c) For every peace officer and part-time peace officer with a license renewal date of |
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| 298 | 298 | | 9.34June 30, 2022, or later, the training mandated under paragraph (a) must: |
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| 299 | 299 | | 9Sec. 9. |
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| 300 | 300 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 10.1 (1) include a minimum of six hours for crisis intervention and mental illness crisis |
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| 301 | 301 | | 10.2training that meets the standards established in subdivision 1a; and |
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| 302 | 302 | | 10.3 (2) include a minimum of four hours to ensure safer interactions between peace officers |
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| 303 | 303 | | 10.4and persons with autism in compliance with section 626.8474. |
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| 304 | 304 | | 10.5 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 305 | 305 | | 10.6 Sec. 10. COLLECTION OF DATA; APPROPRIATION. |
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| 306 | 306 | | 10.7 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general |
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| 307 | 307 | | 10.8fund to the commissioner of human rights for staff and administrative costs necessary to |
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| 308 | 308 | | 10.9assist in the development of a training course and in-service training for peace officers and |
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| 309 | 309 | | 10.10otherwise fulfill the commissioner's duties pursuant to Minnesota Statutes, sections 626.8451, |
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| 310 | 310 | | 10.11subdivision 1, and 626.8469, subdivision 1; and to solicit, receive, and compile reports from |
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| 311 | 311 | | 10.12community organizations, school districts and charter schools, and individuals regarding |
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| 312 | 312 | | 10.13crimes a community member or community organization believes were committed in whole |
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| 313 | 313 | | 10.14or in part because of the victim's or another's actual or perceived race, color, ethnicity, |
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| 314 | 314 | | 10.15religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 315 | 315 | | 10.16origin, marital status, status with regard to public assistance, familial status, or disability as |
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| 316 | 316 | | 10.17defined in Minnesota Statutes, section 363A.03, or because of the victim's actual or perceived |
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| 317 | 317 | | 10.18association with another person or group of a certain actual or perceived race, color, ethnicity, |
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| 318 | 318 | | 10.19religion, sex, gender, sexual orientation, gender identity, gender expression, age, national |
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| 319 | 319 | | 10.20origin, or disability as defined in Minnesota Statutes, section 363A.03. |
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| 320 | 320 | | 10.21 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 321 | 321 | | 10.22Sec. 11. SUPPORT FOR VICTIMS OF CRIMES MOTIVATED BY BIAS; |
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| 322 | 322 | | 10.23APPROPRIATION. |
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| 323 | 323 | | 10.24 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general |
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| 324 | 324 | | 10.25fund to the commissioner of public safety for the Office of Justice Programs to make grants |
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| 325 | 325 | | 10.26to nonprofit organizations to provide support services for victims of crimes where there is |
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| 326 | 326 | | 10.27a reasonable belief that the crimes were committed in whole or in part because of the victim's |
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| 327 | 327 | | 10.28or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, |
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| 328 | 328 | | 10.29gender identity, gender expression, age, national origin, marital status, status with regard |
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| 329 | 329 | | 10.30to public assistance, familial status, or disability as defined in Minnesota Statutes, section |
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| 330 | 330 | | 10.31363A.03, or because of the victim's actual or perceived association with another person or |
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| 331 | 331 | | 10.32group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual |
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| 332 | 332 | | 10Sec. 11. |
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| 333 | 333 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK 11.1orientation, gender identity, gender expression, age, national origin, or disability as defined |
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| 334 | 334 | | 11.2in Minnesota Statutes, section 363A.03. |
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| 335 | 335 | | 11.3 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 336 | 336 | | 11.4 Sec. 12. SUPPORT FOR COMMUNITY ORGANIZATIONS; APPROPRIATION. |
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| 337 | 337 | | 11.5 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general |
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| 338 | 338 | | 11.6fund to the commissioner of human rights for grants to nonprofit organizations to collect |
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| 339 | 339 | | 11.7and report to the commissioner of human rights data on crimes where there is a reasonable |
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| 340 | 340 | | 11.8belief that the crimes were committed in whole or in part because of the victim's or another's |
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| 341 | 341 | | 11.9actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender |
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| 342 | 342 | | 11.10identity, gender expression, age, national origin, marital status, status with regard to public |
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| 343 | 343 | | 11.11assistance, familial status, or disability as defined in Minnesota Statutes, section 363A.03, |
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| 344 | 344 | | 11.12or because of the victim's actual or perceived association with another person or group of |
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| 345 | 345 | | 11.13a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, |
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| 346 | 346 | | 11.14gender identity, gender expression, age, national origin, or disability as defined in Minnesota |
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| 347 | 347 | | 11.15Statutes, section 363A.03. Of these amounts, up to four percent may be used for |
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| 348 | 348 | | 11.16administrative expenses. |
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| 349 | 349 | | 11.17 EFFECTIVE DATE.This section is effective July 1, 2023. |
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| 350 | 350 | | 11Sec. 12. |
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| 351 | 351 | | 23-01249 as introduced01/03/23 REVISOR KLL/AK |
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