1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; excluding peace officers from discipline for inclusion on |
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3 | 3 | | 1.3 Brady-Giglio lists; establishing a task force to examine Brady-Giglio lists; requiring |
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4 | 4 | | 1.4 a report; amending Minnesota Statutes 2024, section 626.89, by adding a |
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5 | 5 | | 1.5 subdivision. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 626.89, is amended by adding a subdivision |
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8 | 8 | | 1.8to read: |
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9 | 9 | | 1.9 Subd. 14a.Peace officer disclosure.(a) A peace officer may not be discharged, |
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10 | 10 | | 1.10disciplined, or threatened with discharge or discipline by a state, county, or municipal law |
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11 | 11 | | 1.11enforcement agency based upon a prosecutor's determination that the officer failed to identify |
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12 | 12 | | 1.12or make exculpatory evidence available to the appropriate party in an ongoing prosecution |
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13 | 13 | | 1.13or because the peace officer is included on a Brady-Giglio list. |
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14 | 14 | | 1.14 (b) For the purposes of this subdivision, a "Brady-Giglio list" means a designation of |
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15 | 15 | | 1.15peace officers whom a prosecutor deems to be Brady-impaired, including peace officers |
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16 | 16 | | 1.16who may not have disclosed all impeachment information or who may have violated any |
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17 | 17 | | 1.17pretrial discovery rule requiring peace officers to make available all evidence that might be |
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18 | 18 | | 1.18used to exonerate a defendant in an ongoing prosecution. |
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19 | 19 | | 1.19 Sec. 2. TASK FORCE. |
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20 | 20 | | 1.20 Subdivision 1.Establishment; membership.(a) The commissioner of public safety |
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21 | 21 | | 1.21must establish a task force to examine peace officer inclusion on a Brady-Giglio list and |
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22 | 22 | | 1.22the use of that list. |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | REVISOR KLL/MI 25-0136212/26/24 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 962 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by Novotny and Witte02/17/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (b) The task force consists of the following members: |
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33 | 33 | | 2.2 (1) the attorney general or a designee; |
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34 | 34 | | 2.3 (2) a district court judge appointed by the supreme court; and |
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35 | 35 | | 2.4 (3) a representative appointed by each of the following: |
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36 | 36 | | 2.5 (i) the Minnesota Sheriffs' Association; |
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37 | 37 | | 2.6 (ii) the Minnesota Chiefs of Police Association; |
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38 | 38 | | 2.7 (iii) the Minnesota Police and Peace Officers Association; |
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39 | 39 | | 2.8 (iv) Law Enforcement Labor Services, Inc.; |
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40 | 40 | | 2.9 (v) the Hennepin County Sheriff's Deputies Association; |
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41 | 41 | | 2.10 (vi) the St. Paul Police Federation; |
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42 | 42 | | 2.11 (vii) the Minnesota State Patrol Troopers Association; and |
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43 | 43 | | 2.12 (viii) the Minnesota County Attorneys Association. |
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44 | 44 | | 2.13 (c) Members of the task force serve without compensation. |
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45 | 45 | | 2.14 (d) Members of the task force serve at the pleasure of the appointing authority or until |
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46 | 46 | | 2.15the task force expires. Vacancies shall be filled by the appointing authority consistent with |
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47 | 47 | | 2.16the qualifications of the vacating member required by this subdivision. |
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48 | 48 | | 2.17 Subd. 2.Officers; meetings.(a) The task force shall elect a chair and vice-chair and |
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49 | 49 | | 2.18may elect other officers as necessary. |
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50 | 50 | | 2.19 (b) The commissioner of public safety shall convene the first meeting of the task force |
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51 | 51 | | 2.20no later than August 1, 2025, and shall provide meeting space and administrative assistance |
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52 | 52 | | 2.21as necessary for the task force to conduct its work. |
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53 | 53 | | 2.22 (c) The task force shall meet at least monthly or upon the call of its chair. The task force |
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54 | 54 | | 2.23shall meet sufficiently enough to accomplish the duties identified in this section. Meetings |
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55 | 55 | | 2.24of the task force are subject to Minnesota Statutes, chapter 13D. |
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56 | 56 | | 2.25 Subd. 3.Duties.(a) The task force shall examine and make recommendations on: |
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57 | 57 | | 2.26 (1) the issue of disclosing peace officer personnel file information related to a |
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58 | 58 | | 2.27Brady-Giglio matter; |
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59 | 59 | | 2.28 (2) the advisability of implementing a statewide system regulating Brady-Giglio lists or |
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60 | 60 | | 2.29designations; |
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61 | 61 | | 2Sec. 2. |
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62 | 62 | | REVISOR KLL/MI 25-0136212/26/24 3.1 (3) identifying impartial entities to conduct investigations pertaining to a peace officer's |
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63 | 63 | | 3.2Brady-Giglio conduct; and |
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64 | 64 | | 3.3 (4) appropriate procedures, due process protections, appeal rights, and criteria for the |
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65 | 65 | | 3.4placement or removal of a peace officer's name on or from a Brady-Giglio list or designation. |
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66 | 66 | | 3.5 (b) The task force may receive and consider information from other organizations or |
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67 | 67 | | 3.6individuals relevant to the purpose of the task force and may make relevant recommendations |
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68 | 68 | | 3.7in addition to those identified under this subdivision. |
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69 | 69 | | 3.8 Subd. 4.Report.On or before December 1, 2025, the task force shall report to the chairs |
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70 | 70 | | 3.9and ranking minority members of the legislative committees and divisions with jurisdiction |
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71 | 71 | | 3.10over public safety on the work of the task force. The report shall include at a minimum its |
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72 | 72 | | 3.11findings and recommendations. |
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73 | 73 | | 3.12 Subd. 5.Expiration.The task force expires upon submission of the report required |
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74 | 74 | | 3.13under subdivision 4. |
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75 | 75 | | 3.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
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76 | 76 | | 3Sec. 2. |
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77 | 77 | | REVISOR KLL/MI 25-0136212/26/24 |
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