Minnesota Legislature
HF 1726
as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 02:34pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/27/2017 |
Current Version - as introduced
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A bill for an act
relating to public safety; establishing a statewide policy for use of force and deadly
force by state and local law enforcement agencies; amending Minnesota Statutes
2016, sections 624.714, subdivision 2a; 626.8452, subdivisions 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 624.714, subdivision 2a, is amended to read:
Subd. 2a.
Training in safe use of a pistol.
(a) An applicant must present evidence that
the applicant received training in the safe use of a pistol within one year of the date of an
original or renewal application. Training may be demonstrated by:
(1) employment as a peace officer in the state of Minnesota within the past year; or
(2) completion of a firearms safety or training course providing basic training in the safe
use of a pistol and conducted by a certified instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of pistol use;
(2) successful completion of an actual shooting qualification exercise; deleted text begin and
deleted text end
(3) instruction in the fundamental legal aspects of pistol possession, carry, and use,
including self-defense and the restrictions on the use of deadly forcedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) instruction on the use of force and deadly force by peace officers.
new text end
(c) The certified instructor must issue a certificate to a person who has completed a
firearms safety or training course described in paragraph (b). The certificate must be signed
by the instructor and attest that the person attended and completed the course.
(d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past five years by an organization or government entity that has been
approved by the Department of Public Safety in accordance with the department's standards.
(e) A sheriff must accept the training described in this subdivision as meeting the
requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff
may also accept other satisfactory evidence of training in the safe use of a pistol.
Sec. 2.
Minnesota Statutes 2016, section 626.8452, subdivision 1, is amended to read:
Subdivision 1.
Deadly force policy.
By January 1, deleted text begin 1992deleted text end new text begin 2018new text end , the deleted text begin head of every local
and state law enforcement agencydeleted text end new text begin Department of Public Safetynew text end shall establish and enforce
a new text begin statewide new text end written policy governing the use of force, including deadly force, as defined in
section 609.066, by deleted text begin peace officers and part-time peacedeleted text end new text begin law enforcementnew text end officers employed
by deleted text begin the agencydeleted text end new text begin state and local law enforcement agenciesnew text end . The policy must be consistent with
the provisions of section 609.066, subdivision 2, and may not prohibit the use of deadly
force under circumstances in which that force is justified under section 609.066, subdivision
2.
Sec. 3.
Minnesota Statutes 2016, section 626.8452, subdivision 2, is amended to read:
Subd. 2.
Deadly force and firearms use; initial instruction.
Beginning January 1,
deleted text begin 1992,deleted text end new text begin 2018, the Department of Public Safety shall provide instruction on the use of force
and deadly force andnew text end the head of every local and state law enforcement agency shall provide
instruction on deleted text begin the use of force, deadly force, anddeleted text end the use of firearms to every deleted text begin peace officer
and part-time peace officerdeleted text end new text begin law enforcement officernew text end newly appointed by or beginning
employment with the deleted text begin agencydeleted text end new text begin state or local law enforcement agencynew text end . This instruction must
occur before the agency head issues a firearm to the officer or otherwise authorizes the
officer to carry a firearm in the course of employment. The instruction must be based on
the deleted text begin agency'sdeleted text end new text begin statewidenew text end written policy required in subdivision 1 and on the instructional
materials required by the board fordeleted text begin peace officer and part-time peacedeleted text end new text begin state and local law
enforcementnew text end officer licensure.
Sec. 4.
Minnesota Statutes 2016, section 626.8452, subdivision 3, is amended to read:
Subd. 3.
Deadly force and firearms use; continuing instruction.
Beginning January
1, deleted text begin 1992deleted text end new text begin 2018new text end , the new text begin Department of Public Safety shall provide instruction on the use of force
and deadly force and the new text end head of every local and state law enforcement agency shall provide
the instruction described in subdivision 2 to every deleted text begin peace officer and part-time peacedeleted text end new text begin state
and local law enforcement new text end officer currently employed by the agency. This instruction must
be provided at least once a year.