SF 4274

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/06/2026 01:57 p.m.

A bill for an act
relating to public safety; modifying the fleeing a peace officer in a motor vehicle
crime; authorizing certain actions by peace officers in police pursuits; addressing
civil liability; amending Minnesota Statutes 2024, sections 609.066, subdivisions
1a, 2; 609.487, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2024, section 609.066, subdivision 1a, is amended to read:

Subd. 1a.

Legislative intent.

The legislature hereby finds and declares the following:

(1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;

(2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life or to prevent great bodily harm. In
determining whether deadly force is necessary, officers shall evaluate each situation in light
of the particular circumstances of each case;

(3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force; deleted text begin and
deleted text end

(4) that peace officers should exercise special care when interacting with individuals
with known physical, mental health, developmental, or intellectual disabilities as an
individual's disability may affect the individual's ability to understand or comply with
commands from peace officers deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) that fleeing a peace officer in a motor vehicle in violation of section 609.487 poses
an actual and imminent threat of death or great bodily harm to the general public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, 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;

(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 (c) A peace officer is authorized to perform an intervention technique during a motor
vehicle pursuit under section 609.487 that results in death or great bodily harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 609.487, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Immunity. new text end

new text begin Neither a peace officer who engages in the pursuit of a person
fleeing in a motor vehicle under this section nor the officer's employer may be held criminally
or civilly liable for bodily injury to the person fleeing or a member of the general public or
for damage to any property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 609.487, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Civil liability. new text end

new text begin (a) A person who violates this section is civilly liable for any
bodily injury to another or damage to property resulting from the pursuit when an intervention
technique is employed by law enforcement.
new text end

new text begin (b) Paragraph (a) does not apply to a person who violates this section in a motor vehicle
that has fewer than four wheels, unless:
new text end

new text begin (1) the intervention technique involves only a box in or moving roadblock intended by
law enforcement to gradually slow the vehicle to a stop;
new text end

new text begin (2) the person is actively fleeing a violent crime that resulted in death or great bodily
harm to another; or
new text end

new text begin (3) the use of deadly force is authorized in section 609.066.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end