Committee debate over BCA authority to investigate deaths involving federal agents falls short in 10-9 vote

House File 3405, introduced by Chair Mueller, would have required the Bureau of Criminal Apprehension's (BCA) use-of-force unit to investigate deaths resulting from law enforcement use of force when federal agents are involved in Minnesota. The Public Safety Finance and Policy Committee discussed the proposal at length on March 1, 2026, and ultimately did not advance the bill after a 10-9 committee tally.

Chair Mueller told the committee the bill is intended to "close the loophole" that excludes certain federal agents from the BCA's statutory investigative responsibilities and to ensure that "if a Minnesotan dies during a use of force incident, we have a unit that does incredible work and they are going to come in and investigate that whether we get the cooperation that we desire or not."

Paul Schnell, Commissioner of the Minnesota Department of Corrections, described the measure as a narrow, state-focused change to clarify which deaths the state will investigate and said the proposal would not "force the federal government to comply nor does it interfere with a federal investigation." Deputy Superintendent Scott Mueller of the BCA told members the force investigative unit was established in mid-2020 and that the unit investigates an average of 16 to 24 deadly-use-of-force cases a year. He estimated the BCA has handled "somewhere in the ballpark of 6 to 8" investigations involving federal officers over the past eight years.

Dr. Bebe Neumann, a Saint Anthony Village resident testifying as a private citizen, told the committee Minnesota's existing statute "reflects a legislative determination that independence in use of force investigations enhances legitimacy and public confidence" and urged members to extend that independence to include a defined category of federal agents operating in the state. She recommended clarifying cooperation mechanisms and access to evidence so that state investigations would be "not only independent in name, but effective in practice."

Members pressed witnesses on whether the BCA had been denied access to scenes in the two high-profile incidents cited by supporters, and Deputy Superintendent Mueller confirmed that in at least one case the BCA had legal process to process a crime scene but was not allowed into the scene by federal personnel. Representative Curran pressed that testimony, saying the committee had heard that BCA access had been obstructed even when the agency sought warrants.

Opponents cautioned that the bill could duplicate existing practice or have limited effect if federal cooperation were withheld. Chair Novotny and others argued there is a risk the statute would not change federal behavior, while supporters said statute provides clarity for local jurisdictions and preserves the BCA's ability to act.

A roll call produced 10 ayes and 9 nays. Under the committee's rules for a divided House, the chair announced the measure did not pass out of committee.

What happens next: The committee did not advance HF3405; bill sponsors said they would continue to press the issue in future forums.

Sources: Testimony and questions in the Committee on Public Safety Finance and Policy hearing on March 1, 2026.