Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings provided.
(b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f).
(c) "Officer-involved death" means the death of another that results from a peace officer's use of force while the officer is on duty or off duty but performing activities that are within the scope of the officer's law enforcement duties.
(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).
(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
(f) "Unit" means the independent Use of Force Investigations Unit.
Subd. 2. Formation; special agent in charge; duty. The superintendent shall form an independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension to conduct officer-involved death investigations. The superintendent, in consultation with the commissioner of public safety, shall select a special agent in charge of the unit.
Subd. 3. Additional duty. (a) The unit shall investigate all criminal sexual conduct cases:
(1) involving peace officers, including criminal sexual conduct cases involving chief law enforcement officers; and
(2) where a member of the Minnesota National Guard is the victim, the accused is a member of the Minnesota National Guard, and the incident occurred in Minnesota.
(b) The unit shall assist the agency investigating an alleged sexual assault of a member of the Minnesota National Guard by another member of the Minnesota National Guard that occurred in a jurisdiction outside of the state, if the investigating agency requests assistance from the unit.
(c) The unit may also investigate conflict of interest cases involving peace officers.
Subd. 4. Staff; support. The unit shall employ peace officers and staff to conduct investigations and the superintendent shall develop and implement policies and procedures to ensure no conflict of interest exists with agents assigned to investigate a particular incident. The superintendent may permit bureau resources not directly assigned to this unit to be used to assist the unit in fulfilling the duties assigned in this section.
Subd. 5. Conflicts. When a peace officer employed by the Bureau of Criminal Apprehension is the subject of an officer-involved death investigation, the investigation shall be conducted by an investigatory agency selected by the county attorney in the jurisdiction where the alleged offense took place.
Subd. 6. Reporting. As provided for in chapter 13, the superintendent must make all inactive investigative data for officer-involved death investigations that are public under section 13.82, subdivision 7, or other applicable law available on the bureau's website within 30 days of the end of the last criminal appeal of a subject of an investigation. By February 1 of each year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy the following information about the unit: the number of investigations initiated; the number of incidents investigated; the outcomes or current status of each investigation; the charging decisions made by the prosecuting authority of incidents investigated by the unit; the number of plea agreements reached in incidents investigated by the unit; and any other information relevant to the unit's mission.
Subd. 7. Expiration. The independent Use of Force Investigations Unit expires August 1, 2024.
2Sp2020 c 1 s 5; 1Sp2021 c 11 art 2 s 16
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Chapter 299C — Bureau Of Criminal Apprehension
Section 299C.01 — Criminal Bureau.
Section 299C.03 — Superintendent; Rules.
Section 299C.05 — Crime Data Collection.
Section 299C.06 — Division Powers And Duties; Cooperation.
Section 299C.063 — Bomb Disposal Expense Reimbursement.
Section 299C.065 — Undercover Buy Fund; Witness And Victim Protection.
Section 299C.066 — Crime Information Reward Fund.
Section 299C.07 — Restoration Or Disposal Of Stolen Property.
Section 299C.08 — Oath Of Superintendent And Employees.
Section 299C.09 — System For Identifying Criminals; Record, Index.
Section 299C.091 — Criminal Gang Investigative Data System.
Section 299C.093 — Database Of Registered Predatory Offenders.
Section 299C.095 — System For Identifying Juvenile Offenders.
Section 299C.10 — Identification Data Required.
Section 299C.105 — Dna Data Required.
Section 299C.106 — Sexual Assault Examination Kit Handling.
Section 299C.11 — Identification Data Furnished To Bureau.
Section 299C.111 — Suspense File Reporting.
Section 299C.115 — Warrant Information Provided To State.
Section 299C.12 — Record Kept By Peace Officer; Report.
Section 299C.13 — Information Furnished To Peace Officer.
Section 299C.14 — Information On Released Prisoner.
Section 299C.145 — Distinctive Physical Mark Identification System.
Section 299C.15 — Cooperation; Criminal Identification Organizations.
Section 299C.155 — Standardized Evidence Collection; Dna Analysis.
Section 299C.157 — Forensic Laboratories; Accreditation.
Section 299C.16 — Information Broadcast To Peace Officers.
Section 299C.17 — Report By Court Administrator.
Section 299C.18 — Bureau Operations Report.
Section 299C.21 — Penalty On Local Officer Refusing Information.
Section 299C.22 — Security Guard; Discharge Of Firearm; Report.
Section 299C.23 — Continuing Education Fee; Appropriation.
Section 299C.25 — Scrap Metal Dealers; Educational Materials.
Section 299C.35 — Bureau To Broadcast Criminal Information.
Section 299C.37 — Police Communication Equipment; Use, Sale.
Section 299C.38 — Priority Of Police Communications; Misdemeanor.
Section 299C.40 — Comprehensive Incident-based Reporting System.
Section 299C.405 — Subscription Service.
Section 299C.46 — Criminal Justice Data Communications Network.
Section 299C.48 — Connection By Authorized Agency; Fee, Appropriation.
Section 299C.50 — Transfer Of Functions.
Section 299C.52 — Minnesota Missing Children And Endangered Persons Program.
Section 299C.53 — Missing Persons Report; Duties Of Commissioner And Law Enforcement Agencies.
Section 299C.535 — Request For Additional Information On Missing Person.
Section 299C.54 — Missing Children Bulletin.
Section 299C.56 — Release Of Medical Data.
Section 299C.565 — Missing Person Report.
Section 299C.5655 — Missing Persons; Standardized Reports And Procedures.
Section 299C.582 — Powers With Relation To Compact.
Section 299C.61 — Definitions.
Section 299C.62 — Background Check.
Section 299C.63 — Exception; Other Laws.
Section 299C.64 — Bureau Immunity.
Section 299C.65 — Information Advisory Group.
Section 299C.67 — Definitions.
Section 299C.68 — Background Check On Residential Building Manager.
Section 299C.69 — Owner Duties If Manager Convicted Of Crime.
Section 299C.71 — Bureau Immunity.
Section 299C.72 — Minnesota Criminal History Checks.
Section 299C.75 — Background Checks; Indian Tribes.
Section 299C.76 — Background Check; Access To Federal Tax Information.
Section 299C.80 — Independent Use Of Force Investigations Unit.