HF 140

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/19/2020 01:11am

A bill for an act
relating to public safety; requiring peace officers to receive training on interceding
when another officer is using unreasonable force; amending Minnesota Statutes
2018, section 626.8452.

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

Section 1.

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

626.8452 DEADLY FORCE AND FIREARMS USE; new text begin INTERCESSION TRAINING;
new text end POLICIES AND INSTRUCTION REQUIRED.

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, new text begin and interceding when another
peace officer is using unreasonable force new text end by peace officers and part-time peace officers
employed by the agency. The policy must be consistent with the provisions of section
609.066, subdivision 2, and may not prohibit the use of deadly force under circumstances
in which that force is justified under section 609.066, subdivision 2.

Subd. 2.

Deadly force and firearms use; initial instruction.

Beginning January 1,
1992, the head of every local and state law enforcement agency shall provide instruction
on the use of force, deadly force, deleted text begin and deleted text end the use of firearms new text begin , and interceding when another
peace officer is using unreasonable force new text end to every peace officer and part-time peace officer
newly appointed by or beginning employment with the agency. This instruction must occur
before the agency head issues a firearm to the officer or otherwise authorizes the officer to
carry a firearm in the course of employment. The instruction must be based on the agency's
written policy required in subdivision 1 and on the instructional materials required by the
board for peace officer and part-time peace officer licensure.

Subd. 3.

Deadly force and firearms use; continuing instruction.

Beginning January
1, 1992, the head of every local and state law enforcement agency shall provide the
instruction described in subdivision 2 to every peace officer and part-time peace officer
currently employed by the agency. This instruction must be provided at least once a year.

Subd. 4.

Record keeping required.

The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivisions 2 and 3.

Subd. 5.

Licensing sanctions; injunctive relief.

The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.