HF 839

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; clarifying that the "defense of 
  1.3             dwelling" defense does not include a duty to retreat 
  1.4             before using deadly force; limiting the duty to 
  1.5             retreat in self-defense situations; amending Minnesota 
  1.6             Statutes 1998, section 609.065; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.065, is 
  1.10  amended to read: 
  1.11     609.065 [JUSTIFIABLE TAKING OF LIFE.] 
  1.12     The intentional taking of the life of another is not 
  1.13  authorized by section 609.06, except: 
  1.14     (1) when necessary in resisting or preventing an offense 
  1.15  which the actor reasonably believes exposes the actor or another 
  1.16  to great bodily harm or death,; or 
  1.17     (2) when necessary in preventing the commission of a felony 
  1.18  in the actor's place of abode. 
  1.19     An actor who uses deadly force as authorized by clause (2) 
  1.20  to prevent or respond to an unlawful entry into the actor's 
  1.21  place of abode does not have a duty to retreat before using the 
  1.22  force. 
  1.23     Sec. 2.  [609.0651] [SELF-DEFENSE; DUTY TO RETREAT.] 
  1.24     A person who has been attacked and is using force in 
  1.25  defense of self under section 609.06, subdivision 1, clause (3), 
  1.26  or section 609.065, clause (1), is not required to retreat, but 
  2.1   may defend against the attack if that course appears reasonably 
  2.2   necessary to the actor and would appear reasonably necessary to 
  2.3   a reasonable person in the same situation, even if the actor 
  2.4   might have gained safety more easily by withdrawing from the 
  2.5   scene.