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HF 1819

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/04/2004

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to the military; clarifying the civil and 
  1.3             criminal protections provided to members of the 
  1.4             Minnesota National Guard or other United States armed 
  1.5             forces who apply reasonable force while acting in 
  1.6             accordance with official military orders; amending 
  1.7             Minnesota Statutes 2002, section 192.27. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 192.27, is 
  1.10  amended to read: 
  1.11     192.27 [NOT LIABLE FOR ACTS PERFORMED UNDER ORDERS.] 
  1.12     The commanding officer of any of the military forces 
  1.13  engaged in the suppression of an insurrection, the dispersion of 
  1.14  a mob or the enforcement of the laws shall exercise discretion 
  1.15  as to the propriety of firing upon or otherwise attacking any 
  1.16  mob or other unlawful assembly; and, if that officer exercises 
  1.17  honest judgment thereon, neither the officer nor the military 
  1.18  personnel acting under the officer's direction shall not be 
  1.19  liable in either a civil or criminal action for any act done 
  1.20  while on such duty.  No officer or enlisted member shall be held 
  1.21  liable in either a civil or a criminal action, for any act done 
  1.22  under lawful orders and in the performance of duty.  For 
  1.23  purposes of this section, lawful orders include, but are not 
  1.24  limited to, orders given pursuant to acts, regulations, and 
  1.25  other applicable authority governing military forces of the 
  1.26  United States. 
  2.1      [EFFECTIVE DATE.] This section is effective the day 
  2.2   following final enactment.