What Minnesota laws and policies changed after George Floyd? Here are 9 topics
The killing of George Floyd in Minneapolis five years ago led to action at the Capitol in St Paul There were changes to what training officers receive when they can use deadly force and the board that licenses officers in Minnesota State Rep Cedrick Frazier co-vice chair of the House Judiciary Finance and Civil Law committee commented laws and policies that were enacted were not new ideas nor were the efforts to move them forward but with Floyd s death captured on video and widely shared the world was watching The civil unrest and protests we saw not just in this country but around the world was the vitality and motivation to put certain of these policies in place to prevent a few of these things and have selected actual accountability announced Frazier DFL-New Hope He explained he sees what s happened in the past five years as incremental movement and added I still think we have a long way to go Paul Gazelka then the Minnesota Senate majority leader viewed the time as intense pressure by selected to defund the police or dismantle the police Gazelka a Republican who represented a district in central Minnesota before he resigned to run for governor explained he worked to find reforms that both sides could agree to But he noted he was determined not to go too far as a knee-jerk reaction to the terrible moments first the death of George Floyd and then the riots that followed Here are nine laws and protocol changes by the Minnesota Legislature and Gov Tim Walz since Floyd s death on May and a look at one that didn t pass Stricter threshold for using deadly force Laura Stevens center of Charlotte N C an aunt of George Floyd sings a hymn during a remembrance of Floyd in Minneapolis on Friday May John Autey Pioneer Press Before legislators revised state law which went into effect in March Minnesota officers were allowed to use deadly force to protect the peace officer or another from apparent death or great bodily harm The revised statute dropped the word apparent and added three requirements to justify the use of deadly force saying the threat must be articulated with specificity reasonably likely to occur absent action by the law enforcement officer and such that it had to be addressed through the use of deadly force without unreasonable delay The previous standard really rested with the individual police officer s state of mind at that time reported Carlos Mariani Rosa who at the time was chair of the House Masses Safety and Criminal Justice Improvement Finance and Guidelines Committee I don t think you can have enough accountability when it comes to having the ultimate power to take a life Since the law changed then-Brooklyn Park officer Kim Potter was convicted of manslaughter in the fatal shooting of Daunte Wright in April She announced she mistook her Taser for her gun State Patrol trooper Ryan Londregan was charged with murder in the shooting of Ricky Cobb II during a traffic stop in July The charges were later dismissed POST Board changes A memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press The Legislature in expanded the Board of Peace Officer Standards and Training from to members allowing the two members of the general residents to be increased to four members The law also revealed that if the board formed a subcommittee to investigate actions against a peace officer s license it must have one voting member from the general general and three voting members who are current or former officers The police licensing accountability system was very weak disclosed Mariani Rosa DFL-St Paul who was first elected in and didn t run for re-election in We thought there was no serious review and oversight over the behavior of state licensed individuals That was left to local law enforcement the agencies they worked for We were looking for a modern accountability system with direct expectations of the POST Board Kelly McCarthy POST Board chair from to and Mendota Heights police chief noted the board underwent a detailed process to change its administrative rules It was the largest rewriting of the board s rules since the board was formed in the s In the past a person s peace officer license would be automatically revoked if he or she was convicted of a felony Beginning in June changes to POST Board rules gave the board more authority to take action on an officer s license for violations of standards of conduct including in cases they aren t charged in but that involve domestic assault sexual harassment theft prostitution and drug offenses among other types of cases Related Articles Photo Gallery George Floyd s murder shook Twin Cities five years ago Alternatives to defunding Who goes to help when police aren t needed Defund the Police five years later What did the movement accomplish Joe Soucheray George Floyd Square is an embarrassment to the man it s supposed to honor Ex-Minneapolis police chief recalls absolutely gut-wrenching moment of seeing George Floyd video Officers can also face sanctions to their peace officer license for not interceding if they see another officer using force beyond what is objectively reasonable as defined by state law if they engage in unreasonable or excessive use of force unauthorized use of force or unauthorized use of deadly force if they engage in discriminatory conduct or if they are a member of a hate or extremist group the board s rules state Previously an officer might get a job at another department if a law enforcement agency disciplined them for misconduct or fired them because they d still have their license Now those cases also go to the POST Board which makes a finding about whether the officer violated standards of conduct and decides whether their license should stay in place or be suspended or revoked It is in my opinion one of the more effective methods to hold officers accountable announced Justin Terrell Minnesota Justice Research Center executive director He was appointed to the POST Board in Ban on chokeholds St Paul Mayor Melvin Carter lays a yellow rose at a memorial to George Floyd during a remembrance in Minneapolis on Friday May John Autey Pioneer Press Minneapolis officer Derek Chauvin pressed his knee on or close to Floyd s neck for what prosecutors revealed was as long as minutes That wasn t allowed under Minneapolis protocol though Minnesota law had not previously addressed chokeholds The new law says officers cannot use chokeholds including any pressure to the neck throat or windpipe that may prevent or hinder breathing They may use such restraints when state law allows the use of deadly force to protect the peace officer or another from death or great bodily harm the statute also says The law codified what was already in practice for greater part law enforcement agencies in the state stated James Stuart Minnesota Sheriffs Association executive director Stuart who retired as the Anoka County sheriff stated when he was hired in Anoka County in we were trained to stay away from the face or neck unless it was a deadly force situation Communities United Against Police Brutality still gets hotline complaints about law enforcement using neck restraints the group says Duty to intercede Yellow roses are placed at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press Minneapolis police already had a duty to intervene framework when Floyd was killed Three other officers were present with Chauvin and were also convicted New state law required the Minnesota Board of Peace Officer Standards and Training to adopt an updated comprehensive written model program on the use of force including deadly force by peace officers The law commented every state and local law enforcement agency must update its approach to be identical or substantially similar to the model guidelines by Dec The law required that the strategy include a duty for peace officers to intercede when present and observing another peace officer using force that is clearly beyond what is objectively reasonable under the law and the particular circumstances of the episode and to review illegal use of force to the officer s chief law enforcement officer Before Floyd s death St Paul police had already been planning workshops in moral courage the concept of doing what s right in the face of fears or challenges especially in the heat of the moment Officers went through that training in along with a peer-intervention project St Paul Police Chief Axel Henry revealed they didn t need to make major agenda changes because the department had long focused on district policing In parts of the country George Floyd tore police and society apart and for us it sealed us even tighter and it made us appreciate both sides of the equation Henry declared BCA creates Use of Force Investigations Unit People lay yellow roses at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press It was already the practice for local law enforcement agencies to request the Minnesota Bureau of Criminal Apprehension conduct investigations when officers used deadly force State law made it official and appropriated funds for the BCA to establish and operate the independent Use of Force Investigations Unit Area advocates commented that still amounted to law enforcement reviewing themselves Mariani Rosa explained The point was to have multiple measuring points and expectations spread across different parts of state establishment he stated In the Senate was controlled by Republicans and the House by Democrats so much negotiation was needed in reaching consensus in all their work Mariani Rosa added No excited delirium or warrior training A sign at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press The issue of the disputed term excited delirium described as someone being in an agitated state and having extreme aggression came up at trial in Floyd s death The term is not listed in the standard classification system for mental disorders A law enacted in says a law enforcement agency may not provide directly or through a third party to a peace officer any lesson that includes training on the detection or use of excited delirium This section does not prohibit peace officer training in responding to and the proper care of a person in dilemma In the Legislature banned warrior-style training for officers which they commented dehumanizes people or encourages aggressive conduct by peace officers during encounters with others in a manner that deemphasizes the value of human life or constitutional rights the aftermath of which increases a peace officer s likelihood or willingness to use deadly force More power for civilian oversight of complaints against officers A mural of George Floyd in Minneapolis on Friday May John Autey Pioneer Press Complaints against officers could be taken up by local civilian review boards previously though they didn t have the power to make findings of fact We got that undone and it now allows for having civilian review that genuinely can adjudicate these cases properly disclosed Michelle Gross president of Communities United Against Police Brutality The law changed in says a civilian oversight council can retain an investigator for a misconduct review against an officer may subpoena or compel testimony may make a finding of misconduct and recommend discipline and must submit assessment reports that contain findings of peace officer misconduct to the chief law enforcement officer and the Peace Officer Standards and Training Board s complaint committee A chief law enforcement officer is under no obligation to agree with individual recommendations of the council and may oppose a recommendation the law also says Dilemma calls to mental robustness responders A photograph of George Floyd is displayed with yellow roses as people gather to honor his legacy in Minneapolis on Friday May John Autey Pioneer Press Travis Law passed in was named for Travis Jordan Minneapolis officers fatally shot Jordan who his mother says was in the throes of a mental medical emergency in State law previously declared a system may include a referral to mental healthcare dilemma teams where available The word may was changed to shall That s really big Gross stated of the change to getting mental fitness experts involved instead of defaulting to law enforcement when someone calls Though every county in Minnesota has a mental soundness dilemma response band Travis Law isn t followed throughout the state Gross explained We are working hard to make the law become a reality she added No-knock warrants Drie Matthews from Washington D C lays a yellow rose at a memorial to George Floyd before a remembrance in Minneapolis on Friday May The Minneapolis location at th Street East and Chicago Avenue South where George Floyd died under the knee of former Minneapolis police officer Derek Chauvin on May has become known as George Floyd Square His death sparked a nationwide reckoning on police use of force and racism John Autey Pioneer Press Laura Stevens center of Charlotte N C an aunt of George Floyd sings a hymn during a remembrance of Floyd in Minneapolis on Friday May John Autey Pioneer Press A memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press St Paul Mayor Melvin Carter lays a yellow rose at a memorial to George Floyd during a remembrance in Minneapolis on Friday May John Autey Pioneer Press Yellow roses are placed at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press People lay yellow roses at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press A sign at a memorial to George Floyd in Minneapolis on Friday May John Autey Pioneer Press A photograph of George Floyd is displayed with yellow roses as people gather to honor his legacy in Minneapolis on Friday May John Autey Pioneer Press A mural of George Floyd in Minneapolis on Friday May John Autey Pioneer Press Family friends and supporters chant Remember His Name during a remembrance of George Floyd in Minneapolis on Friday May The Minneapolis location at th St E and Chicago Ave S where George Floyd died under the knee of former Minneapolis police officer Derek Chauvin on May has become known as George Floyd Square His death sparked a nationwide reckoning on police brutality and racism prompted by unprecedented multiracial mass protests John Autey Pioneer Press Show Caption of Drie Matthews from Washington D C lays a yellow rose at a memorial to George Floyd before a remembrance in Minneapolis on Friday May The Minneapolis location at th Street East and Chicago Avenue South where George Floyd died under the knee of former Minneapolis police officer Derek Chauvin on May has become known as George Floyd Square His death sparked a nationwide reckoning on police use of force and racism John Autey Pioneer Press Expand Changes to state law in put regulations on the use of no-knock warrants Communities United Against Police Brutality craved more restrictions but kept hearing We ll scrutiny it Gross disclosed After Amir Locke was shot and killed by a Minneapolis officer carrying out a no-knock warrant in a St Paul homicide inspection in legislators further cracked down on such warrants in the session The law now says a court may not issue or approve a no-knock search warrant unless the judge determines that the applicant has articulated specific objective facts that establish probable cause for belief that the search cannot be executed while the premises is unoccupied and the occupant or occupants in the premises present an imminent threat of death or great bodily harm to the officers executing the warrant or other persons Officers don t need individual insurance policies Related Articles deadliest days on roads kick off Memorial Day weekend Shooter in St Croix County murder-suicide was arrested for domestic assault in Charges Hastings man put gun to woman s head and pulled the trigger but no bullet fired Inmate rights groups demand say in Stillwater prison closure plan St Paul faith-based nonprofit leader charged with possessing child pornography Police accountability groups have long yearned officers to be required to carry their own professional liability insurance Municipalities could choose to pay for that insurance but we want to ban the municipalities from paying for any overage in the premiums because of the officers history Gross commented What that would do is it would create a consequence for bad behavior and an incentive to not engage in that bad behavior Gazelka who works as an insurance agent noted he opposed any move to require officers to have their own insurance policies It would have been cost-prohibitive for them rather than the city or county or state that provides that for them he noted Police were leaving the workforce in record numbers and we didn t want to create more of that
