1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; eliminating the Public Safety Advisory Council; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, section 626.8457, subdivision 3; repealing Minnesota |
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4 | 4 | | 1.4 Statutes 2024, section 626.8435. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 626.8457, subdivision 3, is amended to read: |
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7 | 7 | | 1.7 Subd. 3.Report on alleged misconduct; database; report.(a) A chief law enforcement |
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8 | 8 | | 1.8officer shall report annually to the board summary data regarding the investigation and |
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9 | 9 | | 1.9disposition of cases involving alleged misconduct, indicating the total number of |
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10 | 10 | | 1.10investigations, the total number by each subject matter, the number dismissed as unfounded, |
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11 | 11 | | 1.11and the number dismissed on grounds that the allegation was unsubstantiated. |
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12 | 12 | | 1.12 (b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit |
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13 | 13 | | 1.13individual peace officer data classified as public data on individuals, as defined by section |
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14 | 14 | | 1.1413.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision |
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15 | 15 | | 1.1512, and submitted using encrypted data that the board determines is necessary to: |
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16 | 16 | | 1.16 (1) evaluate the effectiveness of statutorily required training; and |
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17 | 17 | | 1.17 (2) assist the Public Safety Advisory Council in accomplishing the council's duties; and |
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18 | 18 | | 1.18 (3) (2) allow for the board, the Public Safety Advisory Council, and the board's complaint |
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19 | 19 | | 1.19investigation committee to identify patterns of behavior that suggest an officer is in crisis |
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20 | 20 | | 1.20or is likely to violate a board-mandated model policy. |
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21 | 21 | | 1.21 (c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer |
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22 | 22 | | 1.22must update data within 30 days of final disposition of a complaint or investigation. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-01774 as introduced12/27/24 REVISOR KLL/CH |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 763NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: DRAZKOWSKI) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/30/2025 |
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31 | 31 | | Referred to Judiciary and Public Safety 2.1 (d) Law enforcement agencies and political subdivisions are prohibited from entering |
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32 | 32 | | 2.2into a confidentiality agreement that would prevent disclosure of the data identified in |
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33 | 33 | | 2.3paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements |
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34 | 34 | | 2.4of this section. |
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35 | 35 | | 2.5 (e) By February 1 of each year, the board shall prepare a report that contains summary |
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36 | 36 | | 2.6data provided under paragraph (b). The board must post the report on its publicly accessible |
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37 | 37 | | 2.7website and provide a copy to the chairs and ranking minority members of the senate and |
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38 | 38 | | 2.8house of representatives committees and divisions having jurisdiction over criminal justice |
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39 | 39 | | 2.9policy. |
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40 | 40 | | 2.10 Sec. 2. REPEALER. |
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41 | 41 | | 2.11 Minnesota Statutes 2024, section 626.8435, is repealed. |
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42 | 42 | | 2Sec. 2. |
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43 | 43 | | 25-01774 as introduced12/27/24 REVISOR KLL/CH 626.8435 PUBLIC SAFETY ADVISORY COUNCIL. |
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44 | 44 | | Subdivision 1.Establishment and membership.The Public Safety Advisory Council is |
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45 | 45 | | established under the Peace Officer Standards and Training Board. The council consists of the |
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46 | 46 | | following 15 members: |
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47 | 47 | | (1) the superintendent of the Bureau of Criminal Apprehension, or a designee; |
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48 | 48 | | (2) the executive director of the Peace Officer Standards and Training Board, or a designee; |
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49 | 49 | | (3) the executive director of the Minnesota Police and Peace Officers Association, or a designee; |
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50 | 50 | | (4) the executive director of the Minnesota Sheriffs' Association, or a designee; |
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51 | 51 | | (5) the executive director of the Minnesota Chiefs of Police Association, or a designee; |
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52 | 52 | | (6) six community members, of which: |
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53 | 53 | | (i) four members shall represent the community-specific boards established under sections |
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54 | 54 | | 15.0145 and 3.922, reflecting one appointment made by each board; |
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55 | 55 | | (ii) one member shall be a mental health advocate and shall be appointed by the Minnesota |
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56 | 56 | | chapter of the National Alliance on Mental Illness; and |
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57 | 57 | | (iii) one member shall be an advocate for victims and shall be appointed by Violence Free |
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58 | 58 | | Minnesota; and |
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59 | 59 | | (7) four members appointed by the legislature, of which one shall be appointed by the speaker |
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60 | 60 | | of the house, one by the house minority leader, one by the senate majority leader, and one by the |
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61 | 61 | | senate minority leader. |
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62 | 62 | | The appointing authorities shall make their appointments by September 15, 2020, and shall |
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63 | 63 | | ensure geographical balance when making appointments. |
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64 | 64 | | Subd. 2.Purpose and duties.(a) The purpose of the council is to assist the board in maintaining |
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65 | 65 | | policies and regulating peace officers in a manner that ensures the protection of civil and human |
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66 | 66 | | rights. The council shall provide for citizen involvement in policing policies, regulations, and |
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67 | 67 | | supervision. The council shall advance policies and reforms that promote positive interactions |
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68 | 68 | | between peace officers and the community. |
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69 | 69 | | (b) The board chair must place the council's recommendations to the board on the board's agenda |
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70 | 70 | | within four months of receiving a recommendation from the council. |
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71 | 71 | | Subd. 3.Organization.The council shall be organized and administered under section 15.059, |
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72 | 72 | | except that the council does not expire. Council members serve at the pleasure of the appointing |
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73 | 73 | | authority. The council shall select a chairperson from among the members by majority vote at its |
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74 | 74 | | first meeting. The executive director of the board shall serve as the council's executive secretary. |
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75 | 75 | | Subd. 4.Meetings.The council must meet at least quarterly. Meetings of the council are governed |
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76 | 76 | | by chapter 13D. The executive director of the Peace Officer Standards and Training Board shall |
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77 | 77 | | convene the council's first meeting, which must occur by October 15, 2020. |
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78 | 78 | | Subd. 5.Office support.The executive director of the Peace Officer Standards and Training |
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79 | 79 | | Board shall provide the council with the necessary office space, supplies, equipment, and clerical |
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80 | 80 | | support to effectively perform the duties imposed. |
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81 | 81 | | Subd. 6.Reports.The council shall submit a report by February 15 of each year to the chairs |
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82 | 82 | | and ranking minority members of the senate and house of representatives committees and divisions |
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83 | 83 | | having jurisdiction over criminal justice policy and the board. At a minimum, the report shall |
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84 | 84 | | include: |
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85 | 85 | | (1) all recommendations presented to the board and how the board acted on those |
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86 | 86 | | recommendations; |
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87 | 87 | | (2) recommendations for statutory reform or legislative initiatives intended to promote |
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88 | 88 | | police-community relations; and |
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89 | 89 | | (3) updates on the council's review and determinations. |
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90 | 90 | | 1R |
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91 | 91 | | APPENDIX |
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92 | 92 | | Repealed Minnesota Statutes: 25-01774 |
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