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S.F. No. 1786 - Sexual Assault Provisions (First Engrossment)
Author: Senator Warren Limmer
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
Date: March 18, 2019


Section 1 requires each state and local law enforcement agency to report information on sexual assaults occurring within the agency’s jurisdiction to the Commissioner of Public Safety.  Required information includes:

  • the number of cases reported to the agency;
  • the number of cases assigned to an investigator;
  • the number of cases assigned to an investigator who had completed trauma-informed, victim-centered techniques;
  • the number of cases referred to a prosecutor;
  • the number of cases charged by a prosecutor;
  • the number of cases dismissed or not pursued by a prosecutor; and
  • the number of cases the resulted in a conviction.

The commissioner must publish the reports as summary data on the department’s website and submit them to the Legislature on an annual basis.

Section 2 expands the definition of “mentally incapacitated” to include a person significantly impaired by alcohol or another substance and who lacks the judgment to give a reasoned consent to sexual activity.

Section 3 allows a victim of sexual assault to initiate a law enforcement investigation by contacting any law enforcement agency, regardless of where the crime may have occurred.  The agency must prepare a summary of the allegation and provide the person with a copy of it.  The agency must then begin an investigation or refer the matter along with the summary of the allegation to the agency that has jurisdiction.  For reporting purposes under section 1 of the bill, a referral for investigation is not considered a crime within an agency’s jurisdiction.

Section 4 requires the chief law enforcement officer of every state and local law enforcement agency to establish and enforce a written policy addressing how the agency will respond to and investigate reports of sexual assault.  The policy must substantially incorporate the main items from the Peace Officer Standards and Training (POST) Board model policy.

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