A bill for an act
relating to public safety; expanding the reporting of crimes motivated by bias;
amending the crimes of assault, property damage, and harassment motivated by
bias; requiring the Board of Peace Officer Standards and Training to update training
in recognizing, responding to, and reporting crimes of bias; appropriating money;
amending Minnesota Statutes 2020, sections 363A.06, subdivision 1; 609.2231,
subdivision 4; 609.2233; 609.595, subdivisions 1a, 2; 609.749, subdivision 3;
626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:


Subdivision 1.

Formulation of policies.

(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:

(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments
and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;

(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;

(12) make a written report of the activities of the commissioner to the governor each
year;

(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;

(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;

(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;

(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;

(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text beginand
deleted text end

(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7
deleted text begin.deleted text endnew text begin;
new text end

new text begin (20) collaborate and consult with the Board of Peace Officer Standards and Training
regarding the training of peace officers in identifying, responding to, and reporting crimes
motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including
but not limited to the duty of peace officers to report crimes motivated by bias under section
626.5531; and
new text end

new text begin (21) solicit, receive, and compile reports from community organizations, school districts
and charter schools, and individuals regarding crimes a community member or community
organization believes are motivated by the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, marital status, status with regard to public assistance, familial status,
or disability as defined in section 363A.03, or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, and develop data on the nature and extent
of crimes motivated by bias and include this information in the report required under clause
(12). The commissioner shall provide information on the department's website about when
and how a victim reports criminal conduct to a law enforcement agency.
new text end

In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.

(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.2231, subdivision 4, is amended to read:


Subd. 4.

Assaults motivated by bias.

(a) Whoever assaults anothernew text begin in whole or in partnew text end
because of the victim's or another's actual or perceived race, color, new text beginethnicity, new text endreligion, sex,
new text begin gender, new text endsexual orientation, new text begingender identity, gender expression, age, national origin, or
new text end disability as defined in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the victim's
actual or perceived association with another person or group of a certain actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
new text end may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.2233, is amended to read:


609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.

A person who violates section 609.221, 609.222, or 609.223 because of the victim's or
another person's actual or perceived race, color, new text beginethnicity, new text endreligion, sex, new text begingender, new text endsexual
orientation, new text begingender identity, gender expression, age, national origin, or new text enddisability as defined
in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03,
new text end is subject to a statutory maximum penalty
of 25 percent longer than the maximum penalty otherwise applicable.

Sec. 4.

Minnesota Statutes 2020, section 609.595, subdivision 1a, is amended to read:


Subd. 1a.

Criminal damage to property in the second degree.

(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), deleted text beginbecause of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origin
deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or bothdeleted text begin.deleted text endnew text begin, if the damage:
new text end

new text begin (1) was committed in whole or in part because of the property owner's or another's actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03;
new text end

new text begin (2) was committed in whole or in part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
new text end

new text begin (3) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals beca