With their seats on the line, some DFL lawmakers are hesitant on police reforms

The police killing of George Floyd sparked police reforms across the nation and Minnesota, where last year the Democratic-controlled Legislature signed off on an overhaul of the state’s criminal justice system that tightened police oversight, curtailed police powers and approved a broadly less punitive approach to public safety.

The Legislature also approved new gun restrictions; allowed prisoners to get out earlier if they participate in rehabilitation programs; capped probation at five years for most felonies; made it easier for some people to get their criminal records expunged; and gave the state’s police licensing board more power to take problem cops off the streets.

But the upcoming November election — where control of the House will be decided — has slowed the pace of police and public safety reform this year.

Sen. Ron Latz, DFL-St. Louis Park, chair of the Judiciary and Public Safety Committee, said last year was “hard to top.”

“We just got so many big things done last session (there’s) not a lot of big stuff left,” he said.

But criminal justice reformers say there are big issues still to pursue, but little action so far this session, including on ending cash bail, or making Minnesota a sanctuary state, or ending mandatory minimum sentences for felony gun possession. 

Justin Terrell, executive director for the Minnesota Justice Research Center, said the House DFL is being even more hesitant than the Senate.

“My suspicion is that the election coming is what they’re concerned about,” Terrell said. “They don’t want to pass bills that might seem controversial … Usually, it’s the other way around. But on the Senate side, they’re feeling more confident.”

This was on display when lawmakers scaled back a school resource officer bill passed last year, Terrell said, rolling back a ban on school cops using “prone,” e.g. face down restraints. 

A bill (HF4424/SF4411) that would make information about police misconduct more accessible to prosecutors is also likely dead. And a bill (HF4277, SF4324) that would eliminate the mandatory minimum sentence of five years for felony weapon possession is also likely dead.

Both of those bills were supported by Hennepin County Attorney Mary Moriarty, the former public defender turned progressive prosecutor who has become a favorite target of Republicans eager to show their pro-police bona fides. 

Freshman Senator Clare Oumou Verbeten, DFL-St. Paul, continues to advocate for better treatment of prisoners and against racial disparities in policing. Among her bills: decriminalizing “residual amounts” of illegal drugs (SF3663/HF3952); free video calls to complement the free prison phone calls passed last year; a bill (SF3694/HF3671) that would raise the age when a child can be put into the juvenile justice system from 10 to 13; repealing a tax on illegal drugs that nobody actually pays; and a bill to make any suspect’s statement inadmissible in court if the police lied during the interrogation (HF2319/SF2495).

Oumou Verbeten, who is Black, grew up near where Philando Castile was shot and killed by a police officer during a traffic stop. She ran for office on a promise to reform policing.

She said even though her counterparts in the House aren’t hearing as many public safety bills, she hopes the Senate bills will get picked up in conference committees, where the House and Senate iron out their differences — and dead bills can come back to life. 

Oumou Verbeten also co-authored a bill (SF2232) limiting pretextual traffic stops, which is when police stop people for minor traffic offenses like a broken taillight so they can look for evidence of other crimes. Castile was pulled over for a cracked taillight. 

Rep. Cedrick Frazier, DFL-New Hope, sponsored the House version (HF1832), but amended it significantly, setting up a work group to come up with recommendations.

While Derek Chauvin was on trial for the killing of George Floyd, a 20-year-old Black man, Daunte Wright, was killed by a cop during a traffic stop after he was pulled over for signaling wrong, expired registration tabs and having an air freshener hanging from the rearview mirror, which is technically illegal. Then officers discovered a warrant for his arrest, and he tried to flee.

Frazier said that’s what inspired the bill.

“He was pulled over for tabs and an angel hanging from the rearview mirror,” Frazier said during a committee hearing. “We are trying to figure out a way to prevent those situations from happening … That was a very trying time for that community and all of Minnesota.”

Frazier also sponsored a post-conviction bill that creates a longer window for appeals if new evidence is found.

Rep. Kelly Moller, DFL-Shoreview, chair of a public safety committee, said during a hearing on the bill it was life-altering for her when she learned Castile had been pulled over by police 49 times in 13 years. 

Republicans have a long list of public safety bills that won’t go anywhere in the DFL-controlled Legislature, but they and their allies have had some success stopping the DFL agenda. Rep. Paul Novotny, R-Elk River, said during a press conference that “pressure is helping” deter or water down bills like Frazier’s pretext stop bill.

Some DFL lawmakers want to do more, like eliminate cash bail, but Terrell — whose nonprofit was given a grant last year to study cash bail — said that’s unlikely to happen this session. Instead, they’ll come back with a full report on the topic next year.

“We’ll give people a roadmap as to how to overhaul the system,” he said. “We’re gonna do that without consideration of losing control of government.”

Of course, if House control switches to the Republicans, that report is likely to be shelved.