HF3782

Purpose

• The bill requires disclosure about the use of chemical irritants in buildings during certain law enforcement activities. It aims to increase transparency and accountability when chemical irritants, smoke screens, or distraction devices are deployed inside a building.

Main Provisions

• Section 626.745 adopts a new requirement for disclosure:
  • a) Notwithstanding any privacy rules in chapter 13, a law enforcement agency or local government unit must disclose, to the relevant parties, the name, product, product number, and the total number of all chemical irritants, smoke screens, and distraction devices used within a building by a peace officer during specific actions.
  • b) Upon request, this disclosure must be provided to the building owner, any tenant in the building, any insurer, and any person hired to provide cleaning or remediation services related to the deployment.
  • c) For purposes of this section, “building” has the meaning given in section 609.581 subdivision 2.

What the Bill Seeks to Accomplish

• Create a formal process to document and share exactly what chemical irritants are used, how many were used, and which products were involved during law enforcement operations inside buildings.
• Ensure that those affected by the deployment (owners, tenants, insurers, and cleanup/remediation contractors) are informed.

Significant Changes to Existing Law

• Establishes a new mandatory disclosure requirement in Minnesota Statutes, adding a specific section (626.745).
• Overrides existing data privacy/classification rules for these disclosures, at least in the context of the deployments described.
• Broadens the audience for disclosure to include building owners, tenants, insurers, and remediation professionals.

Definitions and Key Terms

• Chemical irritants, smoke screens, and distraction devices.
• Peace officer.
• Building (as defined in section 609.581 subdivision 2).
• Notwithstanding (explicitly overrides conflicting data privacy classifications under chapter 13).

Practical Implications

• This bill would require law enforcement agencies to maintain and share detailed information about the chemical irritants used during certain operations.
• Recipients (owners, tenants, insurers, cleaning/remediation contractors) would have access to product names, numbers, and counts, which could inform safety planning and remediation.

Potential Considerations

• Privacy and safety concerns about sharing specific chemical products and quantities.
• Administrative burden on agencies to collect and provide disclosures.
• How “building” is defined could affect which operations are covered.

Relevant Terms

• chemical irritants
• smoke screens
• distraction devices
• disclosure
• building
• peace officer
• search warrant
• apprehending
• Notwithstanding
• data classification
• chapter 13
• Minnesota Statutes 626.745
• section 609.581 subdivision 2
• product number
• name
• total number
• cleaning or remediation services
• insurer