Identifying and investigating hate incidents and hate crimes targeting persons of Asian or Asian Indian descent and Office of Ombudsperson for Anti-Asian, Anti- Asian Indian, and Anti-religious Hate Prevention Establishment and appropriation

A bill for an act

relating to state government; addressing gaps in identifying and investigating hate

incidents and hate crimes targeting persons of Asian and Asian Indian descent;

establishing Office of Ombudsperson for Anti-Asian, Anti-Asian Indian, and

Anti-Religious Hate Prevention; providing duties and authority; requiring reports;

appropriating money; proposing coding for new law in Minnesota Statutes, chapter

15.

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

Section 1.

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[15.05912] ANTI-ASIAN, ANTI-ASIAN INDIAN, AND ANTI-RELIGIOUS

HATE PREVENTION; OMBUDSPERSON.

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Subdivision 1.

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Purpose.

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This section shall serve to address gaps in identifying and

investigating hate incidents and hate crimes targeting persons of Asian and Asian Indian

descent. The intent is to:

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(1) prevent, monitor, and address incidents of anti-Asian and anti-Asian Indian bias,

discrimination, and hate;

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(2) prevent, monitor, and address incidents of anti-religious bias, discrimination, and

hate;

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(3) prevent, monitor, and address incidents of anti-immigration bias for all lawful

immigration categories; and

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(4) improve coordination among state agencies, law enforcement, schools, and community

organizations.

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Subd. 2.

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Definitions.

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(a) For purposes of this section, the following terms have the

meanings given.

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(b) "Asian descent" means individuals with ancestry in any Asian ethnic or national

group and explicitly includes persons of South Asian descent, including Asian Indians, and

all other Asian communities.

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(c) "Bias-motivated conduct" means conduct that is committed because of the actual or

perceived class of race; perceived race; ethnicity, including but not limited to individuals

of Asian descent; national origin; all religious faiths; or the immigration status of the victim.

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(d) "Hate crime" means a criminal offense motivated by bias-motivated conduct.

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(e) "Hate incident" means noncriminal bias-motivated conduct.

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(f) "Immigration status" means an individual's actual or perceived immigration

classification, including citizenship status, lawful permanent residency, work-authorized

visas and permits, refugees, asylum seekers, and any other immigration category.

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Subd. 3.

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Establishment.

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(a) The Office of the Ombudsperson for Anti-Asian, Anti-Asian

Indian, and Anti-Religious Hate Prevention is established. The ombudsperson operates

independently from and in collaboration with the Council of Asian-Pacific Minnesotans.

The ombudsperson is appointed by the Legislative Coordinating Commission and serves

for a four-year term and may be reappointed. The ombudsperson serves in the unclassified

service and may be removed only for just cause. The ombudsperson must be selected based

on experience in human rights, community engagement, hate-crime prevention, and other

related fields.

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(b) The ombudsperson may hire an assistant who the ombudsperson determines necessary

to discharge responsibilities of the office. The assistant serves in the unclassified service.

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Subd. 4.

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Duties.

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The ombudsperson shall:

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(1) receive and review complaints related to anti-Asian or anti-religious hate,

discrimination, and bias incidents;

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(2) assist individuals in navigating the complaint processes within state agencies, local

governments, and law enforcement;

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(3) provide advocacy for individuals navigating the complaint process;

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(4) identify systemic issues related to hate-motivated incidents and recommend policy

changes to the legislative committees with jurisdiction over human rights;

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(5) provide outreach, education, and training to communities, schools, and public

agencies;

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(6) develop and maintain a statewide disaggregated reporting system for bias and hate

incidents;

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(7) coordinate with the Department of Public Safety on hate-crime data collection and

response that is required under section 626.5531;

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(8) collaborate with Asian communities and organizations serving Asian Minnesotans

and religious minority communities; and

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(9) refer appropriate matters to authorities when necessary.

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Subd. 5.

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Bias-aware training.

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(a) The ombudsperson shall develop bias-aware

investigation training and cultural competency education modules for use by state agencies

and state and local law enforcement agencies. The modules must also be designed to be

used in kindergarten through grade 12 school curricula and community programs that address

stereotypes of persons due to perceived race, ethnicity, national origin, or religious affiliation.

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(b) Training must address bias, stereotyping, and misinformation related to immigration

status, work-authorized visas, and foreign-born professionals, including those in

employment-based immigration programs.

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(c) Training must address prosecution, prevention, and responding to hate incidents and

hate crimes, bias-motivated conduct, and discrimination by individuals or entities targeting

individuals based on race and ethnicity, including Asian descent and religious faith and

practices in order to promote education; community engagement; and collaboration between

law enforcement, and the Minnesota Attorney General.

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Subd. 6.

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Victim services.

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(a) In addition to victim services under chapter 611A, the

ombudsperson shall create a program for community-specific organizations that offer support

and culturally competent services to victims of bias-motivated conduct, hate incidents, and

hate crimes. The ombudsperson shall create a resource directory of culturally specific

organizations that can be accessed by community organizations and all interested

organizations.

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(b) The ombudsperson shall assist immigrant workers, including holders of

employment-based visas, in accessing culturally competent victim services.

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Subd. 7.

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Authority.

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To carry out the duties of this section, the ombudsperson shall:

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(1) access nonconfidential data held by state agencies that is relevant to a complaint;

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(2) request cooperation from state and local agencies;

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(3) convene interagency working groups to further the purposes of the office;

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(4) issue nonbinding recommendations to agencies, schools, and law enforcement; and

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(5) partner with community organizations to support outreach and education.

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Subd. 8.

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Data practices.

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(a) Data collected by the ombudsperson is governed by chapter

13.

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(b) Identifying information about complainants is private data on individuals unless the

complainant consents to disclosure. Information used in reports must deidentify the

complainant.

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Subd. 9.

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Reports.

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Information collected by the ombudsperson shall be reported quarterly

to the chairs and ranking minority members of the legislative committees with jurisdiction

over human rights and criminal law. The information collected must be used to strengthen

laws to prosecute hate crimes and used to provide resources for educational initiatives in

state agencies and educational systems to address bias-motivated hate incidents and crimes.

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Subd. 10.

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Civil actions.

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The ombudsperson and the ombudsperson's designee are not

civilly liable for any actions taken under this section if the action was taken in good faith,

was within the scope of the ombudsperson's authority, and did not constitute willful or

reckless conduct.

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Sec. 2.
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APPROPRIATION.
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(a) $....... in fiscal year 2027 is appropriated from the general fund to the ombudsperson

for anti-Asian, anti-Asian Indian, and anti-religious hate prevention for operation of the

ombudsperson's office, collection of hate incidents and hate crime occurrences, support for

victims of hate incidents and hate crimes against people of Asian descent, development of

education and training tools for bias awareness, and support for community organizations

dealing with bias awareness training and education. The ombudsperson shall coordinate

with community-specific organizations for people of Asian and Asian Indian descent.

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(b) The general fund base for this appropriation is $....... in fiscal year 2028 and $.......

in fiscal year 2029.

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