1.1Senator Kreun moved to amend the Kreun (A-9) amendment to
S.F. No. 3699 as
1.2follows (A52):
1.3Page 1, delete lines 2 to 4 and insert:
1.4"Delete everything after the enacting clause and insert:
1.5 "Section 1. Minnesota Statutes 2024, section 299C.80, subdivision 1, is amended to read:
1.6 Subdivision 1.
Definitions. (a) As used in this section, the following terms have the
1.7meanings provided.
1.8(b) "Federal agent" means an officer or employee of the Federal Bureau of Investigation,
1.9the Drug Enforcement Administration, the United States Marshal Service, the Secret
Service,
1.10the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland
1.11Security, or the United States Postal Inspection Service, or their successor agencies.
1.12(b) (c) "Law enforcement agency" has the meaning given in section
626.84, subdivision
1.131, paragraph (f).
1.14(c) (d) "Officer-involved death" means the death of another that results from a
federal
1.15agent or a peace officer's use of force while the
agent or officer is on duty or off duty but
1.16performing activities that are within the scope of the
agent or officer's law enforcement
1.17duties.
1.18(d) (e) "Peace officer" has the meaning given in section
626.84, subdivision 1, paragraph
1.19(c).
1.20(e) (f) "Superintendent" means the superintendent of the Bureau of Criminal
1.21Apprehension.
1.22(f) (g) "Unit" means the independent Use of Force Investigations Unit.
1.23EFFECTIVE DATE.This section is effective the day following final enactment and
1.24applies retroactively to officer-involved deaths that occurred on or after December
1, 2025.
1.25 Sec. 2. Minnesota Statutes 2024, section 471.59, subdivision 8, is amended to read:
1.26 Subd. 8.
Services performed by county or sheriff, commonality of powers. (a)
1.27Notwithstanding the provisions of subdivision 1 requiring commonality of powers between
1.28parties to any agreement the board of county commissioners of any county may by resolution
1.29enter into agreements with any other governmental unit as defined in subdivision 1
to
1.30perform on behalf of that unit any service or function which that unit would be authorized
1.31to provide for itself.
2.1(b) Notwithstanding the provisions of subdivision 1 requiring commonality of powers,
2.2a county sheriff must enter into an agreement under United States Code, title 8, section
2.31357(g), with the federal agency to perform services or functions that the federal
agency
2.4would be authorized to provide for itself. A county sheriff does not require authorization
2.5from a county board of commissioners before entering into the agreement.
2.6 Sec. 3.
[471.9999] SEPARATION ORDINANCES.
2.7 Subdivision 1. Definition. For the purposes of this section, "municipality" means a city,
2.8however organized, or a county or a township.
2.9 Subd. 2. Certain ordinances prohibited. (a) A municipality must not adopt, enforce,
2.10or endorse an ordinance or policy under which the municipality or its instrumentalities
2.11prohibit or materially limit the enforcement of immigration laws. Policies prohibited
under
2.12this section include, but are not limited to, any policy that limits or prohibits
any employee
2.13or agent of a municipality from:
2.14(1) communicating or cooperating with federal agencies or officials to verify or report
2.15the immigration status of any person; or
2.16(2) soliciting or inquiring about a person's immigration status in the course of their
duties.
2.17(b) Any policy or ordinance adopted in violation of this section is invalid as of
the date
2.18of its adoption and has no force or effect.
2.19 Sec. 4.
[604.51] CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THE STATE
2.20AND FEDERAL CONSTITUTIONS.
2.21 Subdivision 1. Minnesota Constitution. Any person who, under color of any statute,
2.22ordinance, regulation, custom, or usage of this state, or any other state or territory
or the
2.23District of Columbia, subjects or causes to be subjected any United States citizen
or lawful
2.24permanent resident residing in this state or within the jurisdiction of this state
to the
2.25deprivation of any rights, privileges, or immunities secured by the Minnesota Constitution
2.26shall be liable to the party injured in an action at law, suit in equity, or other
proper
2.27proceedings for redress.
2.28 Subd. 2. Federal constitution. Any person who, under color of any statute, ordinance,
2.29regulation, custom, or usage of the United States, this state, or of any other state
or territory
2.30or the District of Columbia, subjects or causes to be subjected any United States
citizen or
2.31lawful permanent resident residing in this state or within the jurisdiction of this
state to the
2.32deprivation of any rights, privileges, or immunities secured by the United States
Constitution
3.1shall be liable to the party injured in an action at law, suit in equity, or other
proper
3.2proceedings for redress.
3.3 Subd. 3. Damages. In addition to any damages, injunctive relief, or other appropriate
3.4relief, in an action or proceeding brought under this section, the court may award
to a
3.5prevailing plaintiff reasonable attorney fees and costs.
3.6 Subd. 4. Statute of limitations. An action under this section may not be commenced
3.7later than three years after the cause of action accrues.
3.8 Subd. 5. Punitive damages. In an action brought under this section based on a cause of
3.9action that accrued before the effective date of this section, the plaintiff is not
entitled to an
3.10award of punitive damages under section 549.20.
3.11EFFECTIVE DATE.This section is effective the day following final enactment and
3.12applies to causes of action accruing on or after December 1, 2025.
3.13 Sec. 5. Minnesota Statutes 2024, section 609.50, subdivision 1, is amended to read:
3.14 Subdivision 1.
Crime. (a) Whoever intentionally does any of the following may be
3.15sentenced as provided in subdivision 2:
3.16(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil
or
3.17criminal, or apprehension of another on a charge or conviction of a criminal offense;
3.18(2) obstructs, resists, or interferes with a peace officer while the officer is engaged
in
3.19the performance of official duties;
3.20(3) interferes with or obstructs a firefighter while the firefighter is engaged in
the
3.21performance of official duties;
3.22(4) interferes with or obstructs a member of an ambulance service personnel crew,
as
3.23defined in section
144E.001, subdivision 3a, who is providing, or attempting to provide,
3.24emergency care; or
3.25(5) by force or threat of force endeavors to obstruct any employee of the Department
of
3.26Revenue, Department of Public Safety Driver and Vehicle Services Division, a driver's
3.27license agent appointed under section
171.061, or a deputy registrar appointed under section
3.28168.33 while the employee is lawfully engaged in the performance of official duties for
the
3.29purpose of deterring or interfering with the performance of those duties.
3.30(b) It is a crime punishable as provided in subdivision 2 for someone to approach
or
3.31remain within 25 feet of a peace officer:
4.1(1) while knowing or having reason to know of the officer's status and that the officer
4.2is actively engaged in:
4.3(i) a lawful arrest;
4.4(ii) the transportation or supervision of an arrested person;
4.5(iii) crowd control related to an arrest or potential arrest; or
4.6(iv) the investigation of a criminal act;
4.7(2) after having received a verbal warning from the officer, or another officer on
the
4.8scene, not to approach or to back away; and
4.9(3) with the intent to impede or interfere with the officer's ability to perform the
activity.
4.10EFFECTIVE DATE.This section is effective August 1, 2026, and applies to crimes
4.11committed on or after that date.
4.12 Sec. 6. Minnesota Statutes 2024, section 609.50, is amended by adding a subdivision to
4.13read:
4.14 Subd. 3. Definition. As used in this section, "peace officer" has the meaning given in
4.15section 626.84, subdivision 1, and also includes a federal law enforcement officer
as defined
4.16in section 626.77, subdivision 3.
4.17EFFECTIVE DATE.This section is effective August 1, 2026, and applies to crimes
4.18committed on or after that date.
4.19 Sec. 7.
[629.716] RELEASE ON IMMIGRATION DETAINER REQUEST; STAYED
4.20ORDER OF RELEASE.
4.21 Subdivision 1. Definition. As used in this section, "immigration detainer" means the
4.22United States Department of Homeland Security Form I-247 or successor forms.
4.23 Subd. 2. Stayed effectiveness of release orders. In any criminal proceeding where the
4.24defendant is the subject of an immigration detainer issued by the United States Immigration
4.25and Customs Enforcement prior to a first appearance or a bail hearing, the effectiveness
of
4.26release in an order of the court granting bail or pretrial release shall be deemed
to be stayed
4.27for a period of time necessary to facilitate the secure transfer of custody of the
person to
4.28federal authorities, not to exceed 48 hours, excluding Saturdays, Sundays, and holidays.
4.29 Subd. 3. No new seizure. The stay of release of a person pursuant to this section is
4.30presumptively reasonable due to compelling state and federal interests in public safety
and
5.1in the secure transfer of a person in custody. Any period of stay under this section
is a
5.2continuation of the original lawful custody of the state and does not constitute a
new arrest,
5.3a warrantless seizure, or an independent period of detention. The 48-hour stay period
shall
5.4not be construed as a denial of the right to bail.
5.5 Subd. 4. Continuation of judicial oversight. During the period of stayed execution of
5.6bail or release order, the person who is the subject of the bail or release order
remains under
5.7the jurisdiction of the issuing court, and a defendant may post bail during the stay
or while
5.8in federal custody.
5.9 Subd. 5. Book and release. Whenever a person has been arrested for an offense and is
5.10booked in a police station or county jail, the law enforcement agency having custody
of the
5.11person must continue the detention for a period not to exceed 48 hours after the person's
5.12time of arrest, excluding Saturdays, Sundays, and Holidays, if the person is the subject
of
5.13an immigration detainer issued by the United States Immigration and Customs Enforcement.
5.14The sole purpose of the continued detention under this subdivision shall be to securely
5.15transfer the custody of the person to the federal authorities within the time period.
5.16 Subd. 6. Compliance with federal immigration agency permitted. A law enforcement
5.17agency that has custody of a person subject to an immigration detainer issued by the
United
5.18States Immigration and Customs Enforcement is authorized to:
5.19(1) comply with, honor, and fulfill any request made in the immigration detainer provided
5.20by the federal government for the period authorized by this section;
5.21(2) inform the person that the person is being held pursuant to an immigration detainer
5.22issued by the United States Immigration and Customs Enforcement;
5.23(3) inform the United States Immigration and Customs Enforcement of the person's
5.24release date and time as soon as practical; and
5.25(4) securely transfer custody of the person to federal authorities within the time
period
5.26of the immigration detainer.
5.27 Subd. 7. No effect on persons with lawful status. This section does not apply to a
5.28person who is a United States citizen or an alien with lawful immigration status.
A person
5.29may prove that the person is a United States citizen or has lawful immigration status
in the
5.30United States by evidence including, but not limited to, a birth certificate, naturalization
5.31certificate, passport, valid United States visa, letters issued by the United States
Department
5.32of Homeland Security, or other similar government-issued identification.
6.1 Subd. 8. Mandatory release. If a federal agency has not assumed physical custody of
6.2the defendant within the period allowed under subdivision 5 or 6, or within the 48-hour
6.3stayed period pursuant to subdivision 2, the bail or release shall become effective
forthwith
6.4at the end of the stayed period, and the defendant shall be released provided all
other
6.5conditions of bail remain satisfied.
6.6 Subd. 9. Immunity. No county, or any official, agent, peace officer, or employee shall
6.7be held liable for the good-faith detention of a person during the period authorized
under
6.8this section. No county, or any official, agent, peace officer, or employee shall
be held liable
6.9for an incorrect determination of lawful status or release made in good faith pursuant
to
6.10subdivision 7 or 8.""
6.11The motion prevailed. #did not prevail. So the amendment to the amendment was #not
6.12adopted.