Signed by Governor Tim Walz

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes and modifies various provisions relating to public safety and law enforcement.

Highlights:

• Prohibits peer support counselors from providing public safety peer counseling to address a critical incident to which the peer support counselor is a witness (Sec. 3).

• Prohibits persons from being members of critical incident stress management teams that are providing services to an emergency service provider if the person is a witness to the critical incident for which the emergency service provider is receiving services (Sec. 4).

• Establishes an independent Use of Force Investigations Unit, requires the unit to investigate all officer-involved deaths and criminal sexual conduct cases, and authorizes the unit to investigate officer-involved conflict of interest cases (Sec. 5).

• Requires a report that includes the number of investigations initiated, the number of incidents investigated, the outcomes or current status of each, the charging decisions made, and the number of plea agreements reached, to be submitted by February 1 of each year (Sec. 5).

• Authorizes incentives to be offered to encourage a person hired as a peace officer to be a resident of the city or county (Sec. 6).

• Prohibits the use of the following restraints, unless the use of deadly force is authorized (Sec. 8):

• A choke hold;

• Tying all of a person’s limbs together behind their back; and

• Securing a person in any way that results in transporting the person face down in a vehicle.

• Authorizes the use of deadly force only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time, that the person will cause death or great bodily harm to another person and the following is true of the threat (Sec. 10):

• It can be articulated with specificity by the officer;

• It is reasonably likely to occur absent action by the officer; and

• It is addressed through the use of deadly force without unreasonable delay.

• Specifies that deadly force is not justified against a person based on the danger the person poses to self (Sec. 10).

• Requires each incident of law enforcement use of force resulting in serious bodily injury or death to be reported, a reporting form for this purpose to be adopted, and reports to be provided once a month to the superintendent, who must submit the information to the Federal Bureau of Investigation (Sec. 11).

• Increases the number of Peace Officer Standards and Training Board members appointed by the governor from among the general public from two to four (Sec. 12).

• Prohibits warrior-style peace officer training (Sec. 14).

• Defines “warrior-style training” as training for peace officers that dehumanizes people or encourages aggressive conduct in a manner that deemphasizes the value of human life or constitutional rights, the result of which increases a peace officer’s likelihood or willingness to use deadly force (Sec. 14).

• Establishes the Ensuring Police Excellence and Improving Community Relations Advisory Council to meet at least quarterly and submit an annual report that includes all recommendations presented to the board and how the board acted on those recommendations, recommendations for statutory reform or legislative initiatives intended to promote police-community relations, and updates on the council’s review and determinations (Sec. 15). 

• Requires the board to create a central repository for peace officer data that receives, in real time, the public data required to be submitted to the board by law enforcement agencies (Sec. 16).

• Requires the board to adopt and distribute an updated comprehensive model policy on the use of force that, at minimum, includes a duty for peace officers (Sec. 17):

• To intercede when observing another officer using force clearly beyond what is objectively reasonable under the law and the circumstances;

• To report any illegal use of force by another officer to the chief law enforcement officer; and 

• To only use deadly force techniques as authorized after less lethal measures have been considered first.

• Requires chief law enforcement officers to submit encrypted individual peace officer data regarding alleged misconduct that is classified as public to the board (Sec. 20).

• Prohibits law enforcement agencies from entering into confidentiality agreements that would prevent disclosure of such data (Sec. 20).

• Requires in-service peace officer training to include a minimum of 6 hours for crisis intervention and mental illness crisis training, and 4 hours of training for safer interactions between peace officers and persons with autism (Sec. 21).

• Requires crisis intervention and mental illness crisis training to cover issues including, but not limited to (Sec. 21):

• Mental illnesses, disorders, and symptoms, 

• Psychotropic medications and their side effects;

• Crisis de-escalation and suicide prevention; 

• Techniques for relating to individuals with mental illness, their families, and diverse communities; and 

• Community resources and support for individuals and their families.

• Requires training for interactions between officers and persons with autism to address issues including, but not limited to (Sec. 22):

• An autism overview and behavioral understanding;

• Intervention and de-escalation strategies; and

• Prevention and crisis reduction models.

• Requires peace officers to intercede when they observe another officer using force clearly beyond what is objectively reasonable under the law and circumstances and are physically or verbally able to do so, and to report the incident in writing within 24 hours to the chief law enforcement officer (Sec. 23).

• Establishes a roster of six arbitrators to be assigned to peace officer grievance arbitration on rotation through the roster alphabetically ordered by last name (Sec. 24).

• Requires each arbitrator on the roster to complete training that at minimum, includes (Sec. 24):

• 6 hours on cultural competency, racism, implicit bias, and recognizing and valuing community diversity and cultural differences; and

• 6 hours on topics related to the daily experience of peace offices, including ride-alongs or other activities that provide exposure to the environments, choices, and judgements required of officers in the field.  

• Appropriates $120,000 in fiscal year 2021 to the Bureau of Mediation Services for costs associated with peace officer grievance procedures (Sec. 29). 

• Appropriates $3,365,000 in fiscal year 2021 to the commissioner of public safety to establish and operate the independent Use of Force Investigations Unit (Sec. 30).

• Appropriates $8,000 in fiscal year 2021 to the Bureau of Criminal Apprehension to implement autism training (Sec. 31).

• Appropriates the following monies to the Peace Officer Standards and Training Board in fiscal year 2021 (Sec. 32-35): 

• $3,500,000 to establish and operate a database to receive the public data required to be submitted to the board;

• $23,000 for costs associated with providing office space, supplies, equipment, and clerical support to the Ensuring Police Excellence and Improving Community Relations Advisory Council;

• $96,000 for costs associated with staffing the database that receives the public data required to be submitted to the board; and

• $145,000 to reimburse law enforcement agency crisis intervention and mental illness crisis training expenses.

Full Bill Text