7-304 - Bias Crimes

Proper investigation of bias crime incidents is the responsibility of all Minneapolis Police Officers. The actions taken by the MPD after a bias crime has occurred are visible signs of our concern and our commitment to the community.

Report required for bias crimes

1. In accordance with MN Statute section 626.5531, officers shall complete a Police Report for violations of the MN Criminal Code (Chapter 609) or related Minneapolis Ordinances, if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim's race, religion, national origin, sex (including gender identity), age, disability, or characteristics identified as sexual orientation.
2. Sworn employees shall be aware of the following criteria which may also be used to determine whether a criminal act falls within the mandatory bias (prejudice) crime reporting requirements:

• The motivation of the perpetrator, as expressed in statements made to the victim, (e.g., slurs, epithets).
• The victim’s stated viewpoint that the actor’s comment or conduct was motivated by bias.
• The nature of the symbols used to deface public or private property indicate bias or prejudice.
• The date and time of the occurrence corresponds to a holiday or date of significance.
• Observations made by the sworn employee and a commonsense review of the circumstances of the incident that indicate bias or prejudice. Such observations may include the group or groups involved, the manner and means of the crime committed, and recurring patterns of similar incidents in the same area or against the same victim.

Monthly agency report required on bias crimes

In accordance with MN Statute section 626.5531 subd. 2, MPD must file a monthly report describing crimes reported under this section with the Department of Public Safety, Bureau of Criminal Apprehension. The report shall be coordinated through the Commander who oversees the Business Technology Unit.

Public Accommodation denial

In accordance with MN Statute sections 363A.11 and 363A.30, it is a misdemeanor to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of race, color, creed, religion, disability, national origin, marital status, sexual orientation, or sex, or for a taxicab company to discriminate in the access to, full utilization of, or benefit from service because of a person's disability; or for a place of public accommodation not to make reasonable accommodation to the known physical, sensory, or mental disability of a disabled person based on factors in MN Statute section 363A.11. In determining whether an accommodation is reasonable, the factors to be considered may include:

• the frequency and predictability with which members of the public will be served by the accommodation at that location;
• the size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees;
• the extent to which disabled persons will be further served from the accommodation;
• the type of operation;
• the nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation; and
• the extent to which any persons may be adversely affected by the accommodation.

On-scene officer in bias crime incidents

When an on-scene officer makes a determination that an incident is a criminal act in accordance with the section of this policy regarding bias crimes [II-A], the officer shall:

1. Provide necessary assistance to the victims.
2. Conduct a preliminary investigation.
3. Take enforcement action (including arresting suspects) as appropriate in accordance with existing laws and policy.
4. Protect and preserve the crime scene and evidence.
5. Notify a supervisor of the incident so the supervisor can respond to the scene.
6. Ensure the victims receive a Victim Assistance Card (Blue Card), in accordance with P&P 4-608.
7. Complete a detailed Police Report, and ensure that:

• The BIAS indicator on the Offenses section of the front page is set to the correct bias category, and
• The BIAS INFO section of the front page is completed.

Supervisor response in bias crime incidents

Upon notification of a bias crime incident, the supervisor shall:

1. Respond to the scene.
2. Determine the seriousness of the incident and make appropriate notifications (including possible notification of the Watch Commander in accordance with P&P 7-300).
3. When the nature of the incident may warrant it, request a Crime Lab response to photograph the scene and victims and recover any possible evidence.
4. Ensure that officers complete a canvas for witnesses and potential video evidence of the incident.
5. Complete a supplement in the Police Report.

On-scene officer in public accommodation denial incidents

Officers who receive information that an individual is denied public accommodation based on factors in MN Statute section 363A.11 shall:

1. Investigate the potential discrimination as a possible misdemeanor.
2. Notify a supervisor.
3. Ensure the victim receives a Victim Assistance Card (Blue Card), in accordance with P&P 4-608.
4. Complete a detailed Police Report with the offense code “DISCRP” documenting their investigation. The Police Report shall identify witnesses to the alleged discriminatory conduct.

Supervisor response in public accommodation denial incidents

Upon notification of a public accommodation denial incident, the supervisor shall:

1. Respond to the scene.
2. Determine the seriousness of the incident and make appropriate notifications (including possible notification of the Watch Commander in accordance with P&P 7-300).
3. Ensure that officers complete a canvas for witnesses and potential video evidence of the incident.
4. Complete a supplement in the Police Report.

• Gender Identity: A person's actual or perceived self-image or identity as expressed through dress, appearance, behavior, speech or similar characteristics, whether or not traditionally associated with the person's physical anatomy, chromosomal sex, or sex at birth.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Police Report: A report or statement in a report that sets forth the officer's account of an incident and is entered into the MPD's Records Management System.
• Sexual Orientation: Having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment.