HF 42

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:34pm

A bill for an act
relating to public safety; modifying a peace officer's authority to use deadly force;
amending Minnesota Statutes 2018, sections 609.066, subdivision 2, by adding a
subdivision; 626.8452, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Legislative intent. new text end

new text begin The legislature hereby finds and declares the following:
new text end

new text begin (1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;
new text end

new text begin (2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life. In determining whether deadly force
is necessary, officers shall evaluate each situation in light of the particular circumstances
of each case and shall use other available resources and techniques if reasonably safe and
feasible to an objectively reasonable officer;
new text end

new text begin (3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force; and
new text end

new text begin (4) that peace officers should exercise special care when interacting with individuals
with physical, mental health, developmental, or intellectual disabilities as an individual's
disability may affect the individual's ability to understand or comply with commands from
peace officers.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:

Subd. 2.

Use of deadly force.

new text begin (a) new text end Notwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only when
new text begin the officer reasonably believes, based on the totality of the circumstances, that such force
is new text end necessary:

(1) to protect the peace officer or another from deleted text begin apparent deleted text end new text begin imminent new text end death or great bodily
harm; new text begin or
new text end

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
officer knows or has reasonable grounds to believe has committed or attempted to commit
a felony deleted text begin involving the use or threatened use of deadly force; or deleted text end new text begin and the officer reasonably
believes that the person will cause death or great bodily harm to another person unless
immediately apprehended.
new text end

deleted text begin (3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
knows or has reasonable grounds to believe has committed or attempted to commit a felony
if the officer reasonably believes that the person will cause death or great bodily harm if
the person's apprehension is delayed.
deleted text end

new text begin (b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self if an objectively reasonable officer would believe the person does not
pose an imminent threat of death or great bodily harm to the peace officer or to another
person.
new text end

Sec. 3.

Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:

Subdivision 1.

Deadly force policy.

By January 1, 1992, the head of every local and
state law enforcement agency shall establish and enforce a written policy governing the use
of force, including deadly force, as defined in section 609.066, by peace officers and part-time
peace officers employed by the agency. The policy must be consistent with the provisions
of section 609.066, deleted text begin subdivision deleted text end new text begin subdivisions 1a and new text end 2, and may not prohibit the use of deadly
force under circumstances in which that force is justified under section 609.066, subdivision
2.