HF 1732

as introduced - 87th Legislature (2011 - 2012) Posted on 05/19/2011 10:08am

A bill for an act
relating to public safety; providing a uniform use of force standard for peace
officers; amending Minnesota Statutes 2010, sections 609.06, by adding
subdivisions; 626.8452, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 609.06, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Reasonable force; determination. new text end

new text begin A determination as to whether a
use of force by a peace officer is reasonable shall be judged from the perspective of a
reasonable officer on the scene allowing for the fact that peace officers are often forced
to make split-second judgments in circumstances that are tense, uncertain, and rapidly
evolving, rather than in hindsight. A use of force by a peace officer may be reasonable
even though other force options were available that involved less force, employed better
tactics, or would have been more effective.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.06, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Force" means physical contact with another person by the actor's body or with a
weapon or device employed by the actor with the purpose of causing or which the actor
would reasonably know creates a substantial risk of causing pain or injury to that person.
new text end

new text begin (c) "Reasonable force" means force used by a peace officer that is objectively
reasonable in light of the totality of the facts and circumstances confronting the officer,
without regard to the officer's underlying intent or motivation.
new text end

Sec. 3.

Minnesota Statutes 2010, section 626.8452, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Deadly deleted text end Force policy.

deleted text begin By January 1, 1992, deleted text end The head of every local
and state law enforcement agency shall establish and enforce a written policy governing
the use of force deleted text begin , including deleted text end new text begin . Policies involving the use of new text end deadly force, as defined in section
609.066, by peace officers and part-time peace officers employed by the agency deleted text begin . The
policy deleted text end must be consistent with the provisions of section 609.066, subdivision 2, and
may not prohibit new text begin or subject the officer to discipline for new text end the use of deadly force under
circumstances in which that force is justified under section 609.066, subdivision 2.
new text begin Policies involving all uses of force other than deadly force by peace officers and part-time
peace officers must be consistent with section 609.06 and may not prohibit or subject the
officer to discipline for a use of reasonable force as defined in section 609.06.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall delete the
term "Deadly" in the section and subdivision headnotes of Minnesota Statutes, section
626.8452.
new text end