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HF 1182

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/03/2023 04:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; modifying the grounds required for a peace officer to use
deadly force; amending Minnesota Statutes 2022, section 609.066, subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 609.066, subdivision 2, is amended to read:


Subd. 2.

Use of deadly force.

(a) 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 if an
objectively reasonable officer would believe, based on the totality of the circumstances
known to the officer at the time and without the benefit of hindsight, that such force is
necessary:

(1) to protect the peace officer or another from death or great bodily harm, provided that
the threat:

(i) can be articulated with specificity deleted text begin by the law enforcement officerdeleted text end ;

(ii) is reasonably likely to occur absent action by the law enforcement officer; and

(iii) must be addressed through the use of deadly force without unreasonable delay; or

(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 and the officer reasonably believes that the person will cause death or great bodily
harm to another person under the threat criteria in clause (1), items (i) to (iii), unless
immediately apprehended.

(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, based on the totality
of the circumstances known to the officer at the time and without the benefit of hindsight,
that the person does not pose a threat of death or great bodily harm to the peace officer or
to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end