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.
23-01249 as introduced01/03/23 REVISOR KLL/AK
SENATE
STATE OF MINNESOTA
S.F. No. 691NINETY-THIRD SESSION
(SENATE AUTHORS: MOHAMED, Xiong, Oumou Verbeten, Dibble and Champion)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/25/2023
Referred to Judiciary and Public Safety 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.
23-01249 as introduced01/03/23 REVISOR KLL/AK 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.;
3.4 (20) collaborate and consult with the Board of Peace Officer Standards and Training
3.5regarding the training of peace officers in identifying, responding to, and reporting crimes
3.6motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including
3.7but not limited to the duty of peace officers to report crimes motivated by bias under section
3.8626.5531; and
3.9 (21) solicit, receive, and compile reports from community organizations, school districts
3.10and charter schools, and individuals regarding crimes a community member or community
3.11organization believes are motivated by the victim's or another's actual or perceived race,
3.12color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
3.13age, national origin, marital status, status with regard to public assistance, familial status,
3.14or disability as defined in section 363A.03, or because of the victim's actual or perceived
3.15association with another person or group of a certain actual or perceived race, color, ethnicity,
3.16religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
3.17origin, or disability as defined in section 363A.03, and develop data on the nature and extent
3.18of crimes motivated by bias and include this information in the report required under clause
3.19(12). The commissioner shall provide information on the department's website about when
3.20and how a victim reports criminal conduct to a law enforcement agency.
3.21 In performing these duties, the commissioner shall give priority to those duties in clauses
3.22(8), (9), and (10) and to the duties in section 363A.36.
3.23 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
3.24paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
3.25account. Money in the account is appropriated to the commissioner of human rights to help
3.26finance activities of the department.
3.27 EFFECTIVE DATE.This section is effective July 1, 2023.
3.28 Sec. 2. Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
3.29 Subd. 4.Assaults motivated by bias.(a) Whoever assaults another in whole or in part
3.30because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex,
3.31gender, sexual orientation, gender identity, gender expression, age, national origin, or
3.32disability as defined in section 363A.03, age, or national origin or because of the victim's
3.33actual or perceived association with another person or group of a certain actual or perceived
3Sec. 2.
23-01249 as introduced01/03/23 REVISOR KLL/AK 4.1race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
4.2expression, age, national origin, or disability as defined in section 363A.03, may be sentenced
4.3to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
4.4or both.
4.5 (b) Whoever violates the provisions of paragraph (a) within five years of a previous
4.6conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
4.7for not more than one year and a day or to payment of a fine of not more than $3,000, or
4.8both.
4.9 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.10committed on or after that date.
4.11 Sec. 3. Minnesota Statutes 2022, section 609.2233, is amended to read:
4.12 609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
4.13STATUTORY MAXIMUM SENTENCE.
4.14 A person who violates section 609.221, 609.222, or 609.223 because of the victim's or
4.15another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual
4.16orientation, gender identity, gender expression, age, national origin, or disability as defined
4.17in section 363A.03, age, or national origin or because of the victim's actual or perceived
4.18association with another person or group of a certain actual or perceived race, color, ethnicity,
4.19religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
4.20origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty
4.21of 25 percent longer than the maximum penalty otherwise applicable.
4.22 Sec. 4. Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
4.23 Subd. 1a.Criminal damage to property in the second degree.(a) Whoever intentionally
4.24causes damage described in subdivision 2, paragraph (a), because of the property owner's
4.25or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
4.26defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced
4.27to imprisonment for not more than one year and a day or to payment of a fine of not more
4.28than $3,000, or both., if the damage:
4.29 (1) was committed in whole or in part because of the property owner's or another's actual
4.30or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
4.31gender expression, age, national origin, or disability as defined in section 363A.03;
4Sec. 4.
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
5.2association with another person or group of a certain actual or perceived race, color, ethnicity,
5.3religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
5.4origin, or disability as defined in section 363A.03;
5.5 (3) was motivated in whole or in part by an intent to intimidate or harm an individual
5.6or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
5.7gender, sexual orientation, gender identity, gender expression, age, national origin, or
5.8disability as defined in section 363A.03; or
5.9 (4) was motivated in whole or in part by an intent to intimidate or harm an individual
5.10or group of individuals because of the victim's actual or perceived association with another
5.11person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
5.12sexual orientation, gender identity, gender expression, age, national origin, or disability as
5.13defined in section 363A.03.
5.14 (b) In any prosecution under paragraph (a), the value of property damaged by the
5.15defendant in violation of that paragraph within any six-month period may be aggregated
5.16and the defendant charged accordingly in applying this section. When two or more offenses
5.17are committed by the same person in two or more counties, the accused may be prosecuted
5.18in any county in which one of the offenses was committed for all of the offenses aggregated
5.19under this paragraph.
5.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
5.21committed on or after that date.
5.22 Sec. 5. Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
5.23 Subd. 2.Criminal damage to property in the third degree.(a) Except as otherwise
5.24provided in subdivision 1a, whoever intentionally causes damage to another person's physical
5.25property without the other person's consent may be sentenced to imprisonment for not more
5.26than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
5.27reduces the value of the property by more than $500 but not more than $1,000 as measured
5.28by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
5.29and the defendant knew the vehicle was a public safety motor vehicle.
5.30 (b) Whoever intentionally causes damage to another person's physical property without
5.31the other person's consent because of the property owner's or another's actual or perceived
5.32race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
5.33or national origin may be sentenced to imprisonment for not more than one year or to
5Sec. 5.
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
6.2property by not more than $500. and:
6.3 (1) was committed in whole or in part because of the property owner's or another's actual
6.4or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
6.5gender expression, age, national origin, or disability as defined in section 363A.03;
6.6 (2) was committed in whole or in part because of the victim's actual or perceived
6.7association with another person or group of a certain actual or perceived race, color, ethnicity,
6.8religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
6.9origin, or disability as defined in section 363A.03;
6.10 (3) was motivated in whole or in part by an intent to intimidate or harm an individual
6.11or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
6.12gender, sexual orientation, gender identity, gender expression, age, national origin, or
6.13disability as defined in section 363A.03; or
6.14 (4) was motivated in whole or in part by an intent to intimidate or harm an individual
6.15or group of individuals because of the victim's actual or perceived association with another
6.16person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
6.17sexual orientation, gender identity, gender expression, age, national origin, or disability as
6.18defined in section 363A.03.
6.19 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
6.20by the defendant in violation of that paragraph within any six-month period may be
6.21aggregated and the defendant charged accordingly in applying this section. When two or
6.22more offenses are committed by the same person in two or more counties, the accused may
6.23be prosecuted in any county in which one of the offenses was committed for all of the
6.24offenses aggregated under this paragraph.
6.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
6.26committed on or after that date.
6.27 Sec. 6. Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
6.28 Subd. 3.Aggravated violations.(a) A person who commits any of the following acts
6.29is guilty of a felony and may be sentenced to imprisonment for not more than five years or
6.30to payment of a fine of not more than $10,000, or both:
6.31 (1) commits any offense described in subdivision 2 because of the victim's or another's
6.32actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender
6.33identity, gender expression, age, national origin, or disability as defined in section 363A.03,
6Sec. 6.
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
7.2person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
7.3sexual orientation, gender identity, gender expression, age, national origin, or disability as
7.4defined in section 363A.03;
7.5 (2) commits any offense described in subdivision 2 by falsely impersonating another;
7.6 (3) commits any offense described in subdivision 2 and a dangerous weapon was used
7.7in any way in the commission of the offense;
7.8 (4) commits any offense described in subdivision 2 with intent to influence or otherwise
7.9tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
7.10officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
7.11court, because of that person's performance of official duties in connection with a judicial
7.12proceeding; or
7.13 (5) commits any offense described in subdivision 2 against a victim under the age of
7.1418, if the actor is more than 36 months older than the victim.
7.15 (b) A person who commits any offense described in subdivision 2 against a victim under
7.16the age of 18, if the actor is more than 36 months older than the victim, and the act is
7.17committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
7.18imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
7.19or both.
7.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
7.21committed on or after that date.
7.22 Sec. 7. Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read:
7.23 Subdivision 1.Reports required.A peace officer must report to the head of the officer's
7.24department every violation of chapter 609 or a local criminal ordinance if the officer has
7.25reason to believe, or if the victim alleges, that the offender was motivated to commit the
7.26act by in whole or in part because of the victim's actual or perceived race, color, ethnicity,
7.27religion, national origin, sex, gender, sexual orientation, gender identity, gender expression,
7.28age, national origin, or disability as defined in section 363A.03, or characteristics identified
7.29as sexual orientation because of the victim's actual or perceived association with another
7.30person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
7.31sexual orientation, gender identity, gender expression, age, national origin, or disability as
7.32defined in section 363A.03. The superintendent of the Bureau of Criminal Apprehension
7Sec. 7.
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
8.2required under this section. The reports must include for each incident all of the following:
8.3 (1) the date of the offense;
8.4 (2) the location of the offense;
8.5 (3) whether the target of the incident is a person, private property, or public property;
8.6 (4) the crime committed;
8.7 (5) the type of bias and information about the offender and the victim that is relevant to
8.8that bias;
8.9 (6) any organized group involved in the incident;
8.10 (7) the disposition of the case;
8.11 (8) whether the determination that the offense was motivated by bias was based on the
8.12officer's reasonable belief or on the victim's allegation; and
8.13 (9) any additional information the superintendent deems necessary for the acquisition
8.14of accurate and relevant data.
8.15 Sec. 8. Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read:
8.16 Subdivision 1.Training course; crimes motivated by bias.(a) The board must prepare
8.17a approve a list of training course courses to assist peace officers in identifying and,
8.18responding to, and reporting crimes motivated by in whole or in part because of the victim's
8.19or another's actual or perceived race, color, ethnicity, religion, national origin, sex, gender,
8.20sexual orientation, gender identity, gender expression, age, national origin, or disability as
8.21defined in section 363A.03, or characteristics identified as sexual orientation because of
8.22the victim's actual or perceived association with another person or group of a certain actual
8.23or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
8.24gender expression, age, national origin, or disability as defined in section 363A.03. The
8.25course must include material to help officers distinguish bias crimes from other crimes, to
8.26help officers in understanding and assisting victims of these crimes, and to ensure that bias
8.27crimes will be accurately reported as required under section 626.5531. The course must be
8.28updated periodically board must review the approved courses every three years and update
8.29the list of approved courses as the board, in consultation with the commissioner of human
8.30rights, considers appropriate.
8.31 (b) In updating the list of approved training courses described in paragraph (a), the board
8.32must consult and secure approval from the commissioner of human rights.
8Sec. 8.
23-01249 as introduced01/03/23 REVISOR KLL/AK 9.1 EFFECTIVE DATE.This section is effective July 1, 2023.
9.2 Sec. 9. Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read:
9.3 Subdivision 1.In-service training required.(a) Beginning July 1, 2018, the chief law
9.4enforcement officer of every state and local law enforcement agency shall provide in-service
9.5training in crisis intervention and mental illness crises; conflict management and mediation;
9.6and recognizing and valuing community diversity and cultural differences to include implicit
9.7bias training; and training to assist peace officers in identifying, responding to, and reporting
9.8crimes committed in whole or in part because of the victim's actual or perceived race,
9.9religion, national origin, sex, age, disability, or characteristics identified as sexual orientation
9.10to every peace officer and part-time peace officer employed by the agency. The training
9.11shall comply with learning objectives developed and approved by the board and shall meet
9.12board requirements for board-approved continuing education credit. Every three years the
9.13board shall review the learning objectives and must consult and collaborate with the
9.14commissioner of human rights in identifying appropriate objectives and training courses
9.15related to identifying, responding to, and reporting crimes committed in whole or in part
9.16because of the victim's or another's actual or perceived race, color, ethnicity, religion,
9.17national origin, sex, gender, sexual orientation, gender identity, gender expression, age,
9.18national origin, or disability as defined in section 363A.03, or characteristics identified as
9.19sexual orientation because of the victim's actual or perceived association with another person
9.20or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
9.21orientation, gender identity, gender expression, age, national origin, or disability as defined
9.22in section 363A.03. The training shall consist of at least 16 continuing education credits
9.23within an officer's three-year licensing cycle. Each peace officer with a license renewal date
9.24after June 30, 2018, is not required to complete this training until the officer's next full
9.25three-year licensing cycle.
9.26 (b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided
9.27by an approved entity. The board shall create a list of approved entities and training courses
9.28and make the list available to the chief law enforcement officer of every state and local law
9.29enforcement agency. Each peace officer (1) with a license renewal date before June 30,
9.302022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
9.31is not required to receive this training by an approved entity until the officer's next full
9.32three-year licensing cycle.
9.33 (c) For every peace officer and part-time peace officer with a license renewal date of
9.34June 30, 2022, or later, the training mandated under paragraph (a) must:
9Sec. 9.
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
10.2training that meets the standards established in subdivision 1a; and
10.3 (2) include a minimum of four hours to ensure safer interactions between peace officers
10.4and persons with autism in compliance with section 626.8474.
10.5 EFFECTIVE DATE.This section is effective July 1, 2023.
10.6 Sec. 10. COLLECTION OF DATA; APPROPRIATION.
10.7 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
10.8fund to the commissioner of human rights for staff and administrative costs necessary to
10.9assist in the development of a training course and in-service training for peace officers and
10.10otherwise fulfill the commissioner's duties pursuant to Minnesota Statutes, sections 626.8451,
10.11subdivision 1, and 626.8469, subdivision 1; and to solicit, receive, and compile reports from
10.12community organizations, school districts and charter schools, and individuals regarding
10.13crimes a community member or community organization believes were committed in whole
10.14or in part because of the victim's or another's actual or perceived race, color, ethnicity,
10.15religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
10.16origin, marital status, status with regard to public assistance, familial status, or disability as
10.17defined in Minnesota Statutes, section 363A.03, or because of the victim's actual or perceived
10.18association with another person or group of a certain actual or perceived race, color, ethnicity,
10.19religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
10.20origin, or disability as defined in Minnesota Statutes, section 363A.03.
10.21 EFFECTIVE DATE.This section is effective July 1, 2023.
10.22Sec. 11. SUPPORT FOR VICTIMS OF CRIMES MOTIVATED BY BIAS;
10.23APPROPRIATION.
10.24 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
10.25fund to the commissioner of public safety for the Office of Justice Programs to make grants
10.26to nonprofit organizations to provide support services for victims of crimes where there is
10.27a reasonable belief that the crimes were committed in whole or in part because of the victim's
10.28or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
10.29gender identity, gender expression, age, national origin, marital status, status with regard
10.30to public assistance, familial status, or disability as defined in Minnesota Statutes, section
10.31363A.03, or because of the victim's actual or perceived association with another person or
10.32group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
10Sec. 11.
23-01249 as introduced01/03/23 REVISOR KLL/AK 11.1orientation, gender identity, gender expression, age, national origin, or disability as defined
11.2in 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 human rights for grants to nonprofit organizations to collect
11.7and report to the commissioner of human rights data on crimes where there is a reasonable
11.8belief that the crimes were committed in whole or in 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, marital status, status with regard to public
11.11assistance, familial status, or disability as defined in Minnesota Statutes, section 363A.03,
11.12or because of the victim's actual or perceived association with another person or group of
11.13a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
11.14gender identity, gender expression, age, national origin, or disability as defined in Minnesota
11.15Statutes, section 363A.03. Of these amounts, up to four percent may be used for
11.16administrative expenses.
11.17 EFFECTIVE DATE.This section is effective July 1, 2023.
11Sec. 12.
23-01249 as introduced01/03/23 REVISOR KLL/AK