Law funds public safety and judiciary, makes policy updates and changes

Supplemental biennial funding for the state’s public safety, judiciary, and corrections departments and agencies adds up to $53.9 million.

A new law has several big-ticket items, including $9.47 million for organizations and programs providing services to crime victims, $7.9 million to hire more staff at the state’s 11 prisons and boost their salaries, and $7 million from the 911 emergency telecommunications services account (e911 fund) to create a digital geographic information system mapping data of school facilities.

All appropriations are from the General Fund and are for fiscal year 2025, unless otherwise noted.

The law also contains dozens of policy updates and changes, including an increase in penalties for “swatting” and new rules for peace officers making traffic stops.

Rep. Kelly Moller (DFL-Shoreview) and Sen. Ron Latz (DFL-St. Louis Park) sponsor the law that takes effect July 1, 2024, unless otherwise noted.

HF5216*/SF5337/CH123

Judiciary appropriations

The grand total for judiciary items in the law is $36 million.

District courts will receive $30.34 million, mostly in fiscal year 2024, with $22.34 million for hiring more courtroom forensic examiners and boosting their hourly pay from $125 to $136. They provide mental health examinations in civil commitment and criminal proceedings.

Other district court appropriations are $5.57 million to hire more certified courtroom interpreters for non-English speakers, increase their hourly pay from $65 to $75, and reimburse them for travel time; $2.38 million for increased costs of jury programs ($20,000 of which is for fiscal year 2024); and $25,000 each fiscal year to provide vicarious trauma services for jurors.

The Supreme Court will receive $5.66 million: $5.16 million to enhance cybersecurity in all state judiciary system courts; and $500,000 to fund a competitive grant program for courthouse safety and security improvements. (Art. 1, Secs. 2-3)

Public safety and corrections appropriations

The total appropriation to the Department of Public Safety and Department of Corrections items in the law is $24.75 million. (Art. 1, Secs. 4-5)

Public safety and corrections appropriations include:

• $9.47 million for the Office of Justice Programs within the Department of Public Safety to distribute to organizations and programs providing services to crime victims;

• $5.9 million in fiscal year 2024 and $2 million in fiscal year 2025 for the corrections department to hire more staff at the state’s 11 prisons and boost their salaries;

• $7 million in fiscal year 2024 from the 911 emergency telecommunications services account to create a digital geographic information system mapping data of school facilities;

• $986,000 for the Clemency Review Commission, of which $200,000 is for grants to support outreach and clemency application assistance;

• $133,000 for a task force on traffic stops;

• $100,000 for therapy dogs for first responders;

• $50,000 for a mediation and restorative justice grant;

• $50,000 for a task force domestic violence and firearms; and

• $50,000 for a violence against Latina women report.

Board of Civil Legal Aid

Duties of the Supreme Court’s legal services advisory committee will be transferred to a standalone 11-member Board of Civil Legal Aid that begins July 1, 2025, to serve clients financially unable to afford legal assistance.

The law states that the new board “is a part of but is not subject to the administrative control of the judicial branch of government.”

The law appropriates $34.17 million beginning in fiscal year 2026 and ongoing years for staffing and other costs needed to establish and perform the duties of the board. (Art. 1, Sec. 1; Art. 11, Secs. 1-8)

Up to $50 million for disasters

Effective May 25, 2024, an appropriation of up to $50 million is also included in the law; however, hopes are it is never used. It would only be spent to replenish the disaster assistance contingency account if that reserve fund dipped below $50 million and there is enough of a budget surplus at end of a biennium to restore it to $50 million. (Art. 1, Sec. 8)

Traffic stops and swatting

A peace officer making a traffic stop for a violation of the traffic code or failing to have a current vehicle registration will be prohibited from asking if the driver can identify the reason for the stop. Instead, an officer must first inform the driver of the reason for the stop before engaging in questioning related to the suspected violation. Failure of a peace officer to comply cannot serve as the basis for exclusion of evidence or dismissal of a charge or citation, and there is no penalty for noncompliance.

A peace officer will be prohibited from using the perception of the odor of cannabis as the sole basis to search a motor vehicle.

Effective Aug. 1, 2024, the charge for making a fictitious emergency call that a serious crime is underway will rise from a gross misdemeanor to a felony when a “swatting” call sends first responders to the home of an elected official, judge, prosecuting attorney, employee of a correctional facility or peace officer. (Art. 3, Secs. 1, 5; Art. 6, Sec. 17)

Other changes in the law include:

• railroads can employ licensed railroad peace officers;

• the Use of Force Investigations Unit within the Bureau of Criminal Apprehension will be required to investigate any officer-involved death unless the subject of the investigation is a peace officer employed by the bureau;

• law enforcement agencies will be prohibited from providing to a peace officer any course that includes training on the detection or use of excited delirium (Art. 3, Sec. 9);

• prohibit a biological specimen for the purpose of DNA analysis from being taken from a minor without the consent of the minor’s parent or custodian, a court order, or a warrant;

• making it a misdemeanor to interfere with a mandatory reporter making a report on child abuse;

• effective Jan. 1, 2025, creating a presumption that any confession by a juvenile obtained using deception is inadmissible in court;

• a private company providing guards or other personnel to transport a person arrested on a warrant will be required to have a protective agent license and for the state to revoke the license of any employee who commits an act of criminal sexual conduct;

• effective Aug. 1, 2024, eliminating as a potential legal defense that a defendant’s actions were based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sexual orientation, gender identity, or gender expression;

• prohibiting the sale of human remains for commercial purposes;

• effective May 25, 2024; restorative justice programs can access a grant to pay restitution on behalf of juveniles convicted of a crime if they participate in a local restorative process established by the Office of Restorative Practices;

• effective Aug.1, 2024, making it a misdemeanor to knowingly publicly publish personal information of a judicial official with the intent to threaten, intimidate, harass, or physically injure. It’d be a felony if actions result in bodily harm;

• effective Aug. 1, 2024, a court-appointed guardian will be personally liable for acts or omissions made in a discharge that results in harm to the person subject to guardianship and that constitute reckless or willful misconduct, or gross negligence;

• an individual’s health-related documents and data included in court files kept by the Office of Administrative Hearings, Tax Court, and Workers’ Compensation Court of Appeals are private data;

• specifications for how the state must respond to cybersecurity incidents (Art. 17, Sec. 24); and

• effective May 25, 2024, the “Uniform Public Expression Protection Act” is enacted to prevent an abusive type of litigation called a “SLAPP,” or “strategic lawsuit against public participation.” (Art. 3, Secs. 3, 6, 9; Art. 4, Sec. 4, 6-7, 16; Art. 6, Secs. 5-6, 19; Art. 9, Secs. 1-2; Art. 12, Secs. 1-4; Art. 15, Sec. 11; Art. 17, Secs. 1, 24; Art. 18, Secs. 1-17)

HF5216* / SF5337 / CH123