Text of MN HF 716 (2005)

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Version List SF1616 Authors and Status Rtf Bill Text Versions Engrossments Introduction Posted on 03/10/2005 Jump to page/line # Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 A bill for an act relating to crime prevention; establishing the crimes of official deprivation of civil rights and pattern of official misconduct; prohibiting racial profiling by law enforcement; requiring the collection and analysis of data and the adoption of policies on racial profiling; requiring that certain information be provided to motorists involved in a traffic stop; requiring law enforcement training in eliminating racial profiling; requiring reports; requiring improvement plans; appropriating money; amending Minnesota Statutes 2004, sections 13.871, subdivision 6; 626.9517; proposing coding for new law in Minnesota Statutes, chapters 609; 626; repealing Minnesota Statutes 2004, sections 626.951; 626.9513. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2004, section 13.871, subdivision 6, is amended to read: Subd. 6. Training; investigation; apprehension; reports. (a) [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a person making a report under section 626.52, subdivision 2, is governed by section 626.53. (b) [CHILD ABUSE REPORT RECORDS.] Data contained in child abuse report records are classified under section 626.556. (c) [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse reports to agencies of another state is classified under section 626.556, subdivision 10g. (d) [RELEASE TO FAMILY COURT SERVICES.] Release of child abuse data to a court services agency is authorized under section 626.556, subdivision 10h. (e) [RELEASE OF DATA TO MANDATED REPORTERS.] Release of child abuse data to mandated reporters who have an ongoing responsibility for the health, education, or welfare of a child affected by the data is authorized under section 626.556, subdivision 10j. (f) [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER COUNTIES.] Release of child abuse investigative records to local welfare agencies is authorized under section 626.556, subdivision 10k. (g) [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD ABUSE.] The classification of child abuse data and the sharing of records and reports of child abuse by and between local welfare agencies and law enforcement agencies are governed under section 626.556, subdivision 11. (h) [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN CASES.] Disclosure of certain data obtained from interviewing a minor is governed by section 626.556, subdivision 11a. (i) [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying child abuse data received by certain agencies from law enforcement agencies is governed under section 626.556, subdivision 11b. (j) [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of information relating to a child fatality is governed under section 626.556, subdivision 11d. (k) [REPORTS OF ALCOHOL ABUSE.] Data on persons making reports under section 626.5563 are classified under section 626.5563, subdivision 5. (l) [VULNERABLE ADULT REPORT RECORDS.] Data contained in vulnerable adult report records are classified under section 626.557, subdivision 12b. (m) [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing of local welfare agency vulnerable adult data with a protection team is governed by section 626.5571, subdivision 3. (n) [CHILD PROTECTION TEAM.] Data acquired by a case consultation committee or subcommittee of a child protection team are classified by section 626.558, subdivision 3. (o) [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] Sharing data of cases reviewed by the panel is governed under section 626.5593, subdivision 2. (p) [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an officer under investigation to the investigating agency's investigative report on the officer is governed by section 626.89, subdivision 6. (q) [RACIAL PROFILING STUDY DATA.] Racial profiling study data is governed by deleted text begin section deleted text end new text begin sections new text end 626.951 new text begin and 626.952 to 626.9523new text end . Sec. 2. new text begin [609.433] CRIME OF OFFICIAL DEPRIVATION OF CIVIL RIGHTS. new text end new text begin Subdivision 1. new text end new text begin Elements. new text end new text begin A peace officer, as defined in section 626.84, subdivision 1, acting or purporting to act in an official capacity commits the crime of official deprivation of civil rights if, knowing that the conduct is unlawful and acting with the purpose to intimidate or discriminate against an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, the officer: new text end new text begin (1) subjects another to unlawful arrest, detention, motor vehicle investigative stops, search, seizure, forfeiture, impoundment, citation, or other infringement of personal or property rights; or new text end new text begin (2) denies or impedes another in the lawful exercise or enjoyment of any right, privilege, power, or immunity. new text end new text begin Subd. 2. new text end new text begin Penalty. new text end new text begin (a) Except as provided in paragraphs (b) and (c), a peace officer who violates subdivision 1 is guilty of a felony and may be sentenced to imprisonment for not more than five years, or to payment of a fine of not more than $20,000, or both. new text end new text begin (b) If bodily harm results from depriving a person of a right or privilege in violation of subdivision 1, the peace officer is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $50,000, or both. new text end new text begin (c) If, during the course of violating this section, a peace officer commits or attempts or conspires to commit murder, manslaughter, kidnapping, or criminal sexual conduct in the first through fourth degree against a person whose rights or privileges are being deprived, the peace officer is guilty of a felony and may be sentenced to imprisonment for not more than 20 years, or to payment of a fine of not more than $100,000, or both. new text end new text begin Subd. 3. new text end new text begin Double jeopardy; lesser included offense. new text end new text begin Notwithstanding section 609.04, a conviction for official deprivation of civil rights under this section is not a bar to conviction of or punishment for any other criminal offense that constitutes part of the elements of the offense of official deprivation of civil rights. The court must impose separate sentences for each violation of this section and for each violation of any other criminal offense. new text end new text begin Subd. 4. new text end new text begin Inference of knowledge that conduct was unlawful. new text end new text begin It may be inferred that a peace officer knew the officer's conduct was unlawful if the officer: new text end new text begin (1) made a false material statement regarding the incident; new text end new text begin (2) prepared a false report; or new text end new text begin (3) failed to prepare a report concerning the incident, if the agency that employs the officer, the attorney general, or the county attorney required a report to be prepared. new text end new text begin Subd. 5.new text end new text begin Unlawful acts.new text end new text begin For purposes of this section, an act is unlawful if it violates the Constitution of the United States or the Constitution of this state, or if it constitutes a criminal offense under the laws of this state. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2005, and applies to crimes committed on or after that date. new text end Sec. 3. new text begin [609.434] CRIME OF PATTERN OF OFFICIAL MISCONDUCT. new text end new text begin Subdivision 1. new text end new text begin Elements. new text end new text begin A peace officer, as defined in section 626.84, subdivision 1, commits the crime of a pattern of official misconduct if the officer commits two or more acts that violate section 609.433. It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission. new text end new text begin Subd. 2. new text end new text begin Penalty. new text end new text begin (a) Except as provided in paragraph (b), a peace officer who violates the provisions of subdivision 1 is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $50,000, or both. new text end new text begin (b) A peace officer who violates subdivision 1 is guilty of a felony and may be sentenced to imprisonment for not more than 20 years, or to payment of a fine of not more than $100,000, or both, if one of the acts committed by the officer is a violation of section 609.433, subdivision 2, paragraph (b) or (c). new text end new text begin Subd. 3.new text end new text begin Double jeopardy; lesser included offense.new text end new text begin Notwithstanding section 609.04, a conviction for a pattern of official misconduct under this section is not a bar to conviction of or punishment for any other criminal offense that constitutes part of the elements of the offense of pattern of official misconduct, except for violations of section 609.433. The court must impose separate sentences for each violation of this section and for each violation of any other criminal offense. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2005, and applies to crimes committed on or after that date. new text end Sec. 4. Minnesota Statutes 2004, section 626.9517, is amended to read: 626.9517 GRANT PROGRAM FOR INSTALLATION OF VIDEO CAMERAS IN POLICE VEHICLES. Subdivision 1. deleted text begin grants;deleted text end cameras described. deleted text begin The commissioner of public safety shall make grants to law enforcement agencies participating in the racial profiling study described in section 626.951 for the purchase, installation, and maintenance of video cameras on police vehicles designed to record traffic stops.deleted text end A video camera installed pursuant to a grant deleted text begin under this section deleted text end new text begin authorized by Laws 2001, First Special Session chapter 8, article 7,new text end must: (1) be automatically activated during every traffic stop; (2) contain an audio feature; and (3) be designed and installed so as to record the stop in its entirety. Cameras may not be equipped with manual shut-off switches and must be activated for the entirety of a traffic stop. Subd. 2. Storage of video. Notwithstanding section 138.163 or 138.17, chief law enforcement officers of agencies deleted text begin receiving grants under this section deleted text end new text begin that received grants authorized by Laws 2001, First Special Session chapter 8, article 7,new text end for video cameras in police vehicles shall ensure that the videotape or disk from the camera be stored for a minimum of 60 days after use. If the chief law enforcement officer has not been instructed by the board or the attorney general to maintain the tape or disk beyond that period, the chief law enforcement officer may reuse it. Tapes and disks must be stored and maintained under this subdivision in an accessible manner. The tapes and disks must be clearly labeled and ordered. Subd. 3. Availability of videotape. A chief law enforcement officer shall provide a copy of a videotape or disk that recorded a traffic stop to the driver of the stopped vehicle upon the driver's request and at the driver's expense if the tape or disk has not yet been reused. Sec. 5. new text begin [626.952] DEFINITIONS. new text end new text begin As used in sections 626.9521 to 626.9523, the following terms have the meanings given. new text end new text begin (a) "Board" means the Board of Peace Officer Standards and Training. new text end new text begin (b) "Law enforcement agency" has the meaning given in section 626.84. new text end new text begin (c) "Law enforcement officer" means any officer of a law enforcement agency. new text end new text begin (d) "Pretextual stop" means any traffic stop that is not motivated by a desire to enforce the traffic laws but that is used as a pretext to question the driver or secure authority to search the driver or the vehicle for reasons unrelated to the alleged purpose of the stop. new text end new text begin (e) "Race-based traffic stop" means any traffic stop that involves racial profiling. new text end new text begin (f) "Racial profiling" has the meaning given in section 626.8471, subdivision 2. new text end new text begin (g) "Traffic stop" means any time a law enforcement officer: new text end new text begin (1) causes the operator of a motor vehicle being operated on any street or highway in the state to stop the motor vehicle; or new text end new text begin (2) detains an occupied motor vehicle that is already stopped in any public or private place. new text end new text begin Traffic stop does not include a checkpoint or roadblock stop, or a stop of multiple vehicles due to a traffic accident or emergency situation. new text end Sec. 6. new text begin [626.9521] OUTSIDE EXPERT. new text end new text begin The attorney general shall procure the services of an organization, university, independent research facility, company, person, or other entity with sufficient expertise in the field of statistics to assist with the implementation of sections 626.9521 to 626.9523. In addition to other duties, this outside expert shall assist the attorney general with the design of the methodology for gathering statistics, monitor compliance with sections 626.9521 to 626.9523, and conduct statistical analyses pursuant to section 626.9522, subdivision 5. new text end Sec. 7. new text begin [626.9522] COLLECTION AND ANALYSIS OF TRAFFIC STOP STATISTICS; REPORT REQUIRED. new text end new text begin Subdivision 1. new text end new text begin Duty of law enforcement officers to record information. new text end new text begin A law enforcement officer who conducts a traffic stop shall record and forward the following data to the agency's chief law enforcement officer: new text end new text begin (1) the date and time of the stop; new text end new text begin (2) the location of the stop; new text end new text begin (3) the traffic violation or reason that led to the stop; new text end new text begin (4) the date of birth, race, and gender of the driver; new text end new text begin (5) the driver's license number of the driver of the vehicle; new text end new text begin (6) the year and make of the vehicle; new text end new text begin (7) the vehicle's license plate number; new text end new text begin (8) the number of passengers in the vehicle and the race of each passenger; new text end new text begin (9) whether the driver was asked to exit the vehicle; new text end new text begin (10) whether a search was conducted of the driver, passengers, or vehicle; new text end new text begin (11) the authority for the search: consent or probable cause; new text end new text begin (12) whether the driver and passengers were advised of their constitutional rights under the Fourth Amendment to be free from unreasonable search and seizure; new text end new text begin (13) whether any contraband was discovered or seized in the course of the search and the nature of the contraband; new text end new text begin (14) whether the officer encountered any resistance or used force during the stop; new text end new text begin (15) whether any injuries resulted from the stop; new text end new text begin (16) the duration of the stop; new text end new text begin (17) the outcome of the stop: release, warning, violation, arrest, or charge; and new text end new text begin (18) the officer's badge number. new text end new text begin Subd. 2. new text end new text begin Duty of law enforcement officers to provide information to driver of vehicle. new text end new text begin A law enforcement officer who conducts a traffic stop shall immediately issue a form letter to the driver of the vehicle that: new text end new text begin (1) indicates that proactive traffic enforcement must be conducted in full compliance with constitutional and statutory safeguards to preserve the rights of citizens; new text end new text begin (2) details the procedure to file a complaint if the driver of the vehicle believes that the driver has been mistreated or has been treated in a biased manner; and new text end new text begin (3) provides the law enforcement officer's name, badge number, and employer. new text end new text begin Subd. 3. new text end new text begin Submission to attorney general. new text end new text begin By the 15th of each month, a law enforcement agency shall submit to the attorney general: new text end new text begin (1) copies of the reports required in subdivision 1 for the preceding calendar month; new text end new text begin (2) copies of each complaint received under subdivision 2; and new text end new text begin (3) written notification of the review and disposition of complaints received under subdivision 2. new text end new text begin Subd. 4. new text end new text begin Monitoring and compliance. new text end new text begin The attorney general, in consultation with the outside expert, shall devise and implement an auditing system of periodic, unannounced spot checks to ensure that all law enforcement agencies and their officers are accurately collecting the data required by this section. new text end new text begin Subd. 5. new text end new text begin Analysis of data. new text end new text begin (a) The attorney general shall submit the reports described in subdivision 3, clause (1), to the outside expert for analysis. new text end new text begin (b) The outside expert shall analyze the reports and determine on a quarterly basis, both for the state as a whole and for each law enforcement agency: new text end new text begin (1) whether the number of traffic stops and searches of motor vehicles operated or occupied by members of a minority racial or ethnic group compared with the number of traffic stops and searches of motor vehicles operated or occupied by Caucasians is disproportionate based on an estimate of the benchmarks of racial composition, age, gender, and spacial location of drivers in each law enforcement district; new text end new text begin (2) whether, using the same benchmarks, a disparity exists between members of a minority racial or ethnic group and Caucasians in terms of the justification given for the stop, whether the drivers or passengers were asked to exit the car; the extent to which they were advised of their constitutional rights to be free from unreasonable search and seizure; the outcome of the search; whether any resistance, force, or injuries resulted; the duration of the stop; and the outcome of the stop; and new text end new text begin (3) accurate conclusions from the data, including: new text end new text begin (i) whether racial profiling is used by law enforcement agencies to identify motorists for traffic stops; and new text end new text begin (ii) a statement as to the benefit of traffic stops with regard to the interdiction of drugs and proceeds of drug trafficking, including the approximate quantity and street value of seized drugs and the value of drug trafficking proceeds. new text end new text begin Subd. 6. new text end new text begin Submission to attorney general. new text end new text begin The outside expert shall submit the results of the analysis required in subdivision 5 at the end of each quarter to the attorney general. new text end new text begin Subd. 7. new text end new text begin Report required; data classification. new text end new text begin (a) Each year the attorney general, with the advice of the outside expert, shall prepare a summary report of the quarterly data and the analysis of that data. By February 15 of each year, the attorney general shall submit the report to the governor and the legislature and release it to the public. new text end new text begin (b) Data collected under this section that are on the law enforcement officer who makes a stop or the individual who is the subject of the stop are private data on individuals, as defined in section 13.02. Other data collected or generated under this section are public data. new text end new text begin Subd. 8. new text end new text begin Duration. new text end new text begin Data shall be collected and analyzed beginning January 1, 2006, and shall continue until December 31, 2011. new text end Sec. 8. new text begin [626.9523] MANDATED IMPROVEMENT PLANS; NOTIFICATION; MODEL PLAN. new text end new text begin Subdivision 1. new text end new text begin Improvement plans. new text end new text begin When data indicates that a law enforcement agency has made a disproportionate number of stops involving racial minorities, the law enforcement agency must adopt and implement an improvement plan within six months of notification by the attorney general. Before a law enforcement agency implements an improvement plan, the attorney general must approve the plan. new text end new text begin Subd. 2. new text end new text begin Criteria. new text end new text begin By January 1, 2006, the attorney general, in consultation with the outside expert, shall establish the statistical criteria for determining when a law enforcement agency must implement an improvement plan. new text end new text begin Subd. 3. new text end new text begin Model plan. new text end new text begin By January 1, 2006, the board, in consultation with the Minnesota Peace Officers Association and the Minnesota Sheriffs Association, shall draft a model improvement plan. At the time of notification, the attorney general must provide a copy of the board's model plan to all law enforcement agencies that are required to implement an improvement plan. new text end Sec. 9. new text begin STANDARDIZED FORM. new text end new text begin By August 15, 2005, the attorney general shall develop and distribute to law enforcement agencies a standardized form that law enforcement officers may use to record the information detailed in Minnesota Statutes, section 626.9522, subdivision 1. new text end Sec. 10. new text begin PUNISHING THE DEPRIVATION OF CIVIL RIGHTS BY PUBLIC OFFICIALS BY RACIAL PROFILING. new text end new text begin The legislature finds that public confidence in the institutions of government is undermined when an official engages in any form of misconduct involving the official's office. Such misconduct, and the corresponding damage to the public confidence, impairs the ability of government to function properly, fosters mistrust, and engenders disrespect for government and public servants. A particular concern arises when a law enforcement official, duly entrusted to protect the public safety and impartially enforce the laws, abuses that trust by unlawfully depriving persons of their civil rights, especially in the context of racial profiling. It is important to ensure that law enforcement officers are prohibited from using racial characteristics or color, either alone or in conjunction with other composite characteristics, such as a generalized vehicle description or the age of the driver or passengers, as the basis for initiating an investigative stop. Existing laws must be amended to provide a greater deterrent to this type of conduct, as well as to enhance other provisions of the law targeting official misconduct. Accordingly, it is in the public interest to strengthen laws that define and punish acts of official misconduct by members of law enforcement and other public servants. new text end Sec. 11. new text begin APPROPRIATION. new text end new text begin $....... is appropriated for the fiscal year ending June 30, 2006, from the general fund to the attorney general to implement this act. new text end Sec. 12. new text begin REPEALER. new text end new text begin Minnesota Statutes 2004, sections 626.951 and 626.9513, are repealed. new text end About the Legislature Historical Information Employment/Internships Visiting the Capitol Accessibility Frequently Asked Questions Contact Your Legislator Who Represents Me? 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