HF 839

2nd Engrossment - 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 the duty to retreat 
  1.4             before using deadly force; amending Minnesota Statutes 
  1.5             1998, sections 609.06, subdivision 2; and 609.065. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 609.06, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DEADLY FORCE USED AGAINST PEACE OFFICERS.] 
  1.10  Deadly force may not be used against peace officers who have 
  1.11  announced their presence and are:  (1) executing a search 
  1.12  warrant or an arrest warrant; or (2) performing official duties 
  1.13  at a location where a person is committing a crime or an act 
  1.14  that would be a crime if committed by an adult. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 609.065, is 
  1.16  amended to read: 
  1.17     609.065 [JUSTIFIABLE TAKING OF LIFE.] 
  1.18     The intentional taking of the life of another is not 
  1.19  authorized by section 609.06, except: 
  1.20     (1) when necessary in resisting or preventing an offense 
  1.21  which the actor reasonably believes exposes the actor or another 
  1.22  to great bodily harm or death,; or 
  1.23     (2) when necessary in preventing the commission of a felony 
  1.24  in the actor's place of abode. 
  1.25     An actor who uses deadly force as authorized by clause (2) 
  2.1   to prevent or respond to an unlawful entry into the actor's 
  2.2   place of abode does not have a duty to retreat before using the 
  2.3   force if the actor reasonably believes there is a threat of 
  2.4   bodily harm or death to the actor or another person.