SF3660

Purpose

• Require the Bureau of Criminal Apprehension’s independent Use of Force Investigations Unit to conduct investigations of incidents involving federal agents. The bill defines key terms to clarify who falls under this scope and expands the unit’s duties to include certain sexual conduct and conflict-of-interest cases involving peace officers.

Key Definitions and Terms

• Federal agent: a federal agent employed directly by the United States Department of Homeland Security or employed by U.S. Immigration and Customs Enforcement, United States Customs and Border Protection, or United States Citizenship and Immigration Services.
• Peace officer: as defined in Minnesota law.
• Officer-involved death: the death of another person that results from a federal agent’s or a peace officer’s use of force, on duty or off duty but while performing duties within the scope of law enforcement.
• Unit: the independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension.
• Superintendent: the superintendent of the Bureau of Criminal Apprehension.
• Law enforcement agency: as defined in Minnesota law (section 626.84, subdivision 1).
• Criminal sexual conduct: reference to sexual offense cases, including those involving peace officers or federal agents.

Main Provisions

• Section 1 changes the definitions to create and empower the independent Use of Force Investigations Unit and to specify who counts as a federal agent and a peace officer, as well as the meaning of officer-involved death.
• Section 2 expands the unit’s duties:
  • The unit must investigate all criminal sexual conduct cases involving peace officers or federal agents, including cases involving chief law enforcement officers, and cases where the victim is a Minnesota National Guard member and the accused is also a Minnesota National Guard member in Minnesota.
  • The unit must assist another agency investigating an alleged sexual assault of a Minnesota National Guard member by another Minnesota National Guard member when the incident occurred outside Minnesota and the investigating agency asks for help.
  • The unit may investigate conflict-of-interest cases involving peace officers.

Significant Changes to Existing Law

• Expands the Use of Force Investigations Unit’s mandate to include investigations of incidents involving federal agents (not just incidents involving peace officers).
• Broadens the scope of “criminal sexual conduct” investigations to include federal agents and certain national guard scenarios, and adds cross-agency assistance for National Guard-related cases outside Minnesota.
• Introduces explicit authority for the unit to handle conflict-of-interest investigations involving peace officers.
• Clarifies terminology and duties related to the unit, the superintendent, and definitions of federal agents and officer-involved deaths within the context of Minnesota statutes.

Practical Impact

• Oversight of use-of-force incidents that involve federal agents will be handled by Minnesota’s independent unit, potentially increasing consistency and transparency in investigations.
• More cases, including certain sexual conduct and conflict-of-interest matters, will be investigated by the Use of Force Investigations Unit, potentially affecting how peace officers and federal agents are scrutinized.

Relevant Terms - Use of Force Investigations Unit - Federal agent - Department of Homeland Security - Immigration and Customs Enforcement - Customs and Border Protection - Citizenship and Immigration Services - Officer-involved death - Peace officer - Minnesota National Guard - Criminal sexual conduct - Conflict of interest - Bureau of Criminal Apprehension - Minnesota Statutes 2024 section 299C.80 - Superintendent