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A bill for an act
relating to public safety; modifying procedures and training related to the treatment
of potentially suspicious deaths involving domestic violence; amending Minnesota
Statutes 2024, sections 390.11, by adding subdivisions; 626.8451, subdivisions 2,
3, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 390.11, is amended by adding a subdivision
to read:
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Subd. 1c.
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Domestic violence-related suspicious death investigations.
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(a) For purposes
of this subdivision, the following terms have the meanings given:
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(1) "domestic violence history" means incidents of domestic abuse as defined in section
518B.01, subdivision 2, or substantially similar conduct directed at the decedent;
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(2) "domestic violence-related suspicious death" means a death reported under subdivision
1 that is initially classified as suicide, overdose, accidental, or undetermined cause of death
where the decedent had a domestic violence history or where suspicious indicators suggest
the possibility of a staged or concealed homicide; and
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(3) "family member" means a parent, sibling, spouse, or child of the decedent.
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(b) In every suicide, overdose, and accidental death case, the coroner or medical examiner
must:
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(1) review available records to determine whether the decedent had a domestic violence
history;
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(2) flag the case as domestic violence-related suspicious death in relevant reports if
domestic violence history exists; and
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(3) coordinate with the law enforcement agency with jurisdiction to ensure investigative
steps consistent with section 626.99, subdivision 2.
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(c) Before issuing a final determination of cause or manner of death in a domestic
violence-related suspicious death case, the coroner or medical examiner must offer to
interview one or more family members to obtain relevant information regarding the decedent's
history, circumstances, and domestic abuse concerns.
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(d) In domestic violence-related suspicious death cases, the coroner or medical examiner
must consider whether a full autopsy or expanded forensic examination is warranted to rule
out homicide. The coroner or medical examiner must document the rationale for ordering
or declining an autopsy in the case file.
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(e) Coroners, medical examiners, and their investigative staff must receive training on
identifying and investigating domestic violence-related suspicious deaths, including staged
or concealed homicide indicators. Training must be provided through or in coordination
with the Board of Peace Officer Standards and Training.
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(f) In a suspected domestic violence-related suspicious death case, the coroner or medical
examiner must promptly share relevant findings and indicators of suspicious circumstances
with the law enforcement agency with jurisdiction.
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(g) In a domestic violence-related suspicious death case, a family member may, within
one year after the case is closed, submit a written request to the investigating agency, coroner,
or medical examiner for investigative records. Records must be provided within 60 days.
A family member making a request under this paragraph must be considered a crime victim
and is eligible for victim services.
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Sec. 2.
Minnesota Statutes 2024, section 390.11, is amended by adding a subdivision to
read:
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Subd. 1d.
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Predominant aggressor review.
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(a) For purposes of this subdivision, the
following terms have the meanings given:
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(1) "documented incidents of domestic abuse" means demonstrable past incidents of
being victimized by domestic violence that can be verified by prior police reports, written
or photographic documentation, restraining order declarations, eyewitness statements, or
other evidence that corroborates a history of such incidents;
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(2) "domestic violence-related suspicious death" has the meaning given in subdivision
1c; and
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(3) "predominant aggressor" means the person who, based on the totality of the
circumstances, was determined to be the primary perpetrator of domestic abuse rather than
a person who used force in self-defense or who was primarily subjected to abuse.
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(b) In a domestic violence-related suspicious death case involving a current or former
intimate partner, law enforcement must review available information to determine whether
there is a history of domestic abuse and, if so, identify the predominant aggressor.
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(c) When determining whether a person is the predominant aggressor, law enforcement
must consider:
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(1) prior documented incidents of domestic abuse involving the parties;
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(2) the relative severity, frequency, and recency of abusive conduct;
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(3) evidence of intimidation, isolation, or threats;
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(4) any history of strangulation, stalking, sexual violence, or escalating violence;
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(5) whether one party was acting in self-defense or was primarily the victim of abuse;
and
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(6) patterns of power and control, including financial, psychological, or technological
abuse.
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(d) Law enforcement must document the predominant aggressor review in the case file.
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Sec. 3.
Minnesota Statutes 2024, section 626.8451, subdivision 2, is amended to read:
Subd. 2.
Preservice training requirement.
An individual may not be licensed as a
peace officer unless the individual has received the training described in
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subdivision
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subdivisions
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1
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and 5
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. An individual is not eligible to take the peace officer licensing
examination after August 1, 1994, unless the individual has received the training described
in
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subdivision
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subdivisions
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1a
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and 5
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.
Sec. 4.
Minnesota Statutes 2024, section 626.8451, subdivision 3, is amended to read:
Subd. 3.
In-service training; board requirements.
The board must provide to chief
law enforcement officers instructional materials patterned after the materials developed by
the board under subdivisions 1
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and
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,
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1a
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, and 5
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. These materials must meet board requirements
for continuing education credit and be updated periodically as the board considers
appropriate. The board must also seek funding for an educational conference to inform and
sensitize chief law enforcement officers and other interested persons to the law enforcement
issues associated with bias crimes and crimes of violence. If funding is obtained, the board
may sponsor the educational conference on its own or with other public or private entities.
Sec. 5.
Minnesota Statutes 2024, section 626.8451, is amended by adding a subdivision
to read:
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Subd. 5.
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Training course; child deaths, staged crime scenes, and domestic homicide
indicators.
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(a) In consultation with the Bureau of Criminal Apprehension, county coroners
and medical examiners, domestic violence experts, and organizations representing families
affected by sudden or suspicious deaths, the board must prepare a training course to assist
peace officers in:
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(1) identifying and detecting staged crime scenes, including circumstances in which a
death may have been falsely presented as suicide or accident;
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(2) working with multidisciplinary teams to investigate domestic violence-related deaths
and suspicious child deaths; and
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(3) recognizing indicators of domestic homicide and suspicious deaths, including but
not limited to:
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(i) the decedent died prematurely or in an untimely manner;
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(ii) the scene of death gives the appearance of death due to suicide, overdose, or accident;
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(iii) one partner wanted to end the relationship;
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(iv) a history of domestic abuse as defined in section 518B.01, subdivision 2, or a history
of repeated behavior that controlled, manipulated, or intimidated the deceased individual;
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(v) the decedent is found dead in a home or residence;
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(vi) the decedent is found by a current or former intimate partner;
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(vii) there is a history of strangulation or suffocation;
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(viii) the current or former intimate partner, or their child, is the last to see the decedent
alive;
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(ix) the partner had control of the scene before law enforcement arrived; and
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(x) the body or scene has been altered in some way.
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(b) The training course must also include instruction on culturally responsive,
trauma-informed communication with surviving family members, coordination with coroners
and medical examiners under section 390.11, and understanding of familial rights related
to autopsy notice and observation.
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(c) The board must approve one or more courses that meet the requirements of this
subdivision and review the approved courses every three years.
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(d) The board must create and adopt a model policy for law enforcement agencies
covering standard procedures for the training topics described in paragraph (a) and requiring
law enforcement agencies to search for documented incidents of domestic abuse, as defined
in section 390.11, subdivision 1d, in incidents of suicide, accidental death, or overdose when
conducting investigations.
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Sec. 6.
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[626.99] LAW ENFORCEMENT INVESTIGATION.
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Subdivision 1.
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Definition.
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For purposes of this section, "domestic violence-related
suspicious death" has the meaning giving in section 390.11, subdivision 1c.
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Subd. 2.
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Investigation.
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(a) In incidents of suicide, accidental death, or overdose that
may meet the criteria for domestic violence-related suspicious death, a law enforcement
agency must investigate to determine whether the decedent had a history of being a victim
of domestic violence. This investigation must include, at a minimum:
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(1) a review of the indicators of domestic homicide and suspicious death described in
section 626.8451, subdivision 5, paragraph (a), clause (3);
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(2) a review of police reports, restraining order records, prior calls for service, and any
other documented incidents of domestic abuse as defined in section 390.11, subdivision 1d;
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(3) inquiries to identify prior allegations, reports, or evidence of controlling, coercive,
or violent behavior by a current or former intimate partner; and
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(4) written documentation in the case file of all steps taken to identify and evaluate any
domestic violence history and results of the review.
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(b) If the investigator determines, upon review in accordance with paragraph (a) and in
considering the totality of the circumstances, that the death is a domestic violence-related
suspicious death, the case must be submitted to the coroner or medical examiner as a domestic
violence-related suspicious death case.
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Subd. 3.
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Medical examiner's review.
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A law enforcement agency may not close, classify
as inactive, or otherwise terminate an investigation into a domestic violence-related suspicious
death case until:
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(1) the coroner or medical examiner has completed the review and any autopsy or forensic
examination and provided the agency with notice that the review is complete; and
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(2) the agency has completed any follow-up investigative steps reasonably necessary to
resolve issues raised by the coroner or medical examiner.
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Subd. 4.
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Required coordination.
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A law enforcement agency must share with the coroner
or medical examiner all information relevant to a suspicious death, including reports,
statements, digital evidence, and scene documentation, and must consider any indicators of
domestic violence-related suspicious death identified by the coroner or medical examiner
under section 390.11, subdivision 1c.
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