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HF 1263

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 03:29pm

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; clarifying law on use of force in self-defense; eliminating
the common law duty to retreat in cases of self-defense outside the home; expanding
the boundaries of dwelling for purposes of self-defense; creating presumption of
right to self-defense; amending Minnesota Statutes 2020, sections 609.06,
subdivision 1; 609.065; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

Minnesota Statutes 2020, section 609.06, subdivision 1, is amended to read:


Subdivision 1.

When authorized.

Except as otherwise provided in subdivisions 2 and
3new text begin and section 609.065new text end , reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(i) in effecting a lawful arrest; or

(ii) in the execution of legal process; or

(iii) in enforcing an order of the court; or

(iv) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to uses of
force occurring on or after that date.
new text end

Sec. 2.

new text begin [609.064] DEFINITIONS.
new text end

new text begin (a) For purposes of sections 609.065, 609.067, and 609.068, the terms in this section
have the meanings given them.
new text end

new text begin (b) "Crime of violence" has the meaning given in section 624.712, subdivision 5.
new text end

new text begin (c) "Dwelling" means a building defined under section 609.556, subdivision 3, an
overnight stopping accommodation of any kind, or a place of abode, that an individual
temporarily or permanently is occupying or intending to occupy as a habitation or home.
A dwelling includes but is not limited to a building or conveyance and that building's or
conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or other
structure, whether the building or conveyance is used temporarily or permanently for these
purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the
equivalent.
new text end

new text begin (d) "Forcible felony" means any crime punishable by imprisonment exceeding one year,
the elements of which include the use or threatened use of physical force or a deadly weapon
against the person of another including but not limited to: murder in the first degree under
section 609.185; murder in the second degree under section 609.19; manslaughter in the
first degree under section 609.20; assault in the first degree under section 609.221; assault
in the second degree under section 609.222; assault in the third degree under section 609.223;
criminal sexual conduct in the first degree under section 609.342; criminal sexual conduct
in the second degree under section 609.343; arson in the first degree under section 609.561;
burglary in the first, second, and third degrees under section 609.582; robbery under sections
609.24 and 609.245; and kidnapping under section 609.25.
new text end

new text begin (e) "Good faith" includes honesty in fact in the conduct of the act concerned.
new text end

new text begin (f) "Imminent" means the actor infers from all the facts and circumstances that the course
of conduct has commenced.
new text end

new text begin (g) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (h) "Reasonable force" means the use or threatened use of force that a reasonable person
would judge to be necessary to prevent an injury or loss and can include deadly force if a
person reasonably believes that using or threatening to use such force is necessary to avoid
injury or risk to the person's life or safety or the life or safety of another.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to uses of
force occurring on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.065, is amended to read:


609.065 JUSTIFIABLE deleted text begin TAKING OF LIFEdeleted text end new text begin USE OF FORCEnew text end .

new text begin Subdivision 1. new text end

new text begin Self-defense; no duty to retreat. new text end

deleted text begin The intentional taking of the life of
another is not authorized by section 609.06, except when necessary in resisting or preventing
an offense which the actor reasonably believes exposes the actor or another to great bodily
harm or death, or preventing the commission of a felony in the actor's place of abode.
deleted text end new text begin For
purposes of any section of law that creates a criminal offense, the following apply:
new text end

new text begin (1) a person who is not engaged in illegal activity has no duty to retreat from any place
where the person is lawfully present before using or threatening to use reasonable force,
including deadly force, in self-defense, defense of another, or defense of that person's
dwelling, as authorized under this section;
new text end

new text begin (2) except as provided in subdivision 3, a court or jury as trier of fact shall not consider
the possibility of retreat as a factor in determining whether a person who used or threatened
to use force, including deadly force, reasonably believed that such force was necessary to
prevent injury, loss, or risk to life or safety;
new text end

new text begin (3) a person is justified in the use of or threat to use reasonable force, including deadly
force, when the person reasonably believes that such force is necessary to defend the person
or another from any actual or imminent use of unlawful force;
new text end

new text begin (4) a person is justified in the use of or threat to use reasonable force, including deadly
force, even if an alternative course of action is available; and
new text end

new text begin (5) a person may be wrong in the estimation of the danger or the force necessary to repel
the danger if there is a reasonable basis for the person's belief and the person acts reasonably
in response to that belief.
new text end

new text begin Subd. 2. new text end

new text begin Reasonable force justified in responding to a forcible felony. new text end

new text begin A person who:
new text end

new text begin (1) reasonably believes that another person is committing or is about to commit a forcible
felony; and
new text end

new text begin (2) uses or threatens to use reasonable force, including deadly force, as authorized under
this section, is justified in using or threatening to use reasonable force, including deadly
force, against the other person to prevent or halt the commission of the forcible felony.
new text end

new text begin Subd. 3. new text end

new text begin Loss of defense. new text end

new text begin (a) The affirmative defense of self-defense, defense of another,
or defense of that person's dwelling is not available in a criminal action in any of the
following circumstances:
new text end

new text begin (1) a person who uses force during the person's attempted commission, commission, or
escape after the commission or attempted commission of a crime of violence;
new text end

new text begin (2) a person who uses force against another, who is an aggressor, if the person initially
provoked the aggressor to use force or threat of force against the person, unless either of
the following apply:
new text end

new text begin (i) the use of force or threat of force by the aggressor is sufficient for the person's
reasonable belief that the person is in imminent danger of death or great bodily harm, and
the person exhausts all reasonable means of escape other than the use of force or threat of
force that is likely to cause death or great bodily harm to the aggressor; or
new text end

new text begin (ii) the use of force or threat of force by the aggressor continues or resumes after the
person, in good faith, withdraws from physical contact and clearly indicates the desire to
withdraw and terminate the use of force or threat of force by the person or the aggressor;
new text end

new text begin (3) a person who uses force to resist an unlawful arrest if the person uses the force against
a peace officer and the person using the force knows the person making the arrest is a peace
officer;
new text end

new text begin (4) a person who uses force to resist a lawful arrest if the person uses the force against
a person making the arrest or against a person assisting in making the arrest;
new text end

new text begin (5) a person who uses force against a peace officer or a person assisting a peace officer
if the peace officer is acting in the performance of the peace officer's official duties; or
new text end

new text begin (6) a person who:
new text end

new text begin (i) uses force;
new text end

new text begin (ii) is prohibited from possessing firearms under section 624.713; and
new text end

new text begin (iii) is in possession of a firearm when the force was used.
new text end

new text begin (b) When an affirmative defense is not available to a person under paragraph (a), the
person is not barred from raising any other statutory or common law affirmative defense
available to the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to uses of
force occurring on or after that date.
new text end

Sec. 4.

new text begin [609.067] SELF-DEFENSE; CRIMINAL IMMUNITY.
new text end

new text begin (a) A person who uses or threatens to use reasonable force, including deadly force, in
accordance with section 609.06 or 609.065 shall be immune from arrest, the filing of criminal
charges, or criminal prosecution arising from the person's use or threatened use of the
reasonable force, including deadly force.
new text end

new text begin (b) A law enforcement officer may use standard investigating procedures for investigating
the use or threatened use of force, including deadly force, but the law enforcement officer
shall not arrest a person for the person's use or threatened use of force, including deadly
force, unless the law enforcement officer has probable cause to believe that the person's use
or threatened use of force, including deadly force, was not justified under section 609.06
or 609.065.
new text end

new text begin (c) The court shall award reasonable attorney fees, court costs, compensation for loss
of income, and all expenses incurred by the defendant in defense of any civil action brought
by a plaintiff if the court finds that the defendant is immune from criminal prosecution as
provided in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to uses of
force occurring on or after that date.
new text end

Sec. 5.

new text begin [609.068] PRESUMPTION OF IMMUNITY; PRETRIAL CRIMINAL
IMMUNITY; HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Presumption of immunity. new text end

new text begin Subject to subdivision 3, a person is presumed
to have acted in self-defense or defense of another when using or threatening to use deadly
force that is intended or likely to cause death or great bodily harm to another if any of the
following apply:
new text end

new text begin (1) the person against whom the deadly force is used or threatened is in the process of
unlawfully and without privilege to do so entering, or has unlawfully and without privilege
to do so entered, the dwelling, occupied vehicle, or place of business or employment of the
person using or threatening to use the deadly force, or any other place in which the person
using or threatening to use the deadly force is lawfully present;
new text end

new text begin (2) the person against whom the deadly force is used or threatened is by force or threat
removing or attempting to unlawfully remove another person against the other person's will
from any place that the person using or threatening to use the deadly force is lawfully present;
or
new text end

new text begin (3) the person using or threatening to use the deadly force knows or has reason to believe
that any of the conditions set forth in clause (1) or (2) are occurring or have occurred.
new text end

new text begin Subd. 2. new text end

new text begin Presumption rebuttable. new text end

new text begin The presumption set forth in subdivision 1 may be
rebutted by a preponderance of the evidence, provided that the prosecution's burden of proof
remains by clear and convincing evidence as described in subdivision 4, paragraph (d).
new text end

new text begin Subd. 3. new text end

new text begin Loss of presumption. new text end

new text begin The presumption set forth in subdivision 1 does not
apply if, at the time the deadly force is used or threatened, any of the following circumstances
are present:
new text end

new text begin (1) the person against whom the deadly force is used or threatened has a right to be in
the place where the person used or threatened to use the deadly force and a protective or no
contact order is not in effect against the person against whom the deadly force is used or
threatened;
new text end

new text begin (2) the person sought to be removed as described in subdivision 1, clause (2), is a child
or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the
person against whom the deadly force is used or threatened;
new text end

new text begin (3) the person who uses or threatens to use the deadly force uses or threatens to use it
while engaged in a criminal offense, while attempting to escape from the scene of a criminal
offense that the person has committed, or while using the dwelling, place of business or
employment, or occupied vehicle to further a criminal offense; or
new text end

new text begin (4) the person against whom the deadly force is used or threatened is a law enforcement
officer who has entered or is attempting to enter a dwelling, place of business or employment,
or occupied vehicle in the lawful performance of the law enforcement officer's official
duties, and either the officer identified himself or herself as a law enforcement officer in
accordance with any applicable law or the person using or threatening to use the deadly
force knows or reasonably should know that the person who has entered or is attempting to
enter is a law enforcement officer.
new text end

new text begin Subd. 4. new text end

new text begin Right to hearing; burden of proof; standard of proof. new text end

new text begin (a) A person accused
of an offense that involved the person's use or threatened use of force, including deadly
force, against another has a right to a pretrial immunity hearing regarding a claim of immunity
from criminal prosecution based on self-defense, defense of another, or defense of that
person's dwelling.
new text end

new text begin (b) A person eligible for hearing under paragraph (a) may file a pretrial motion claiming
that the person used or threatened to use the force, including deadly force, in self-defense,
defense of another, or defense of that person's dwelling.
new text end

new text begin (c) The filing of the motion establishes a prima facie claim of self-defense, defense of
another, or defense of that person's dwelling.
new text end

new text begin (d) Upon the filing of a motion, the court shall hold a pretrial immunity hearing and
shall grant the motion and hold that the person used or threatened to use the force, including
deadly force, in self-defense, defense of another, or defense of that person's dwelling unless
the state proves by clear and convincing evidence that the person did not use or threaten to
use the force, including deadly force, in self-defense, defense of another, or defense of that
person's dwelling, as the case may be.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to uses of
force occurring on or after that date.
new text end