HF 1993

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 03:47pm

A bill for an act
relating to firearms; clarifying law on use of force in defense of home and
person; codifying and extending Minnesota's self-defense and defense of home
laws; eliminating the common law duty to retreat in cases of self-defense outside
the home; expanding the boundaries of dwelling for purposes of self-defense;
creating a presumption in the case of a person entering a dwelling or occupied
vehicle by stealth or force; extending the rights available to a person in that
person's dwelling to a person defending against entry of that person's occupied
vehicle; amending Minnesota Statutes 2014, section 609.065.

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

Section 1.

Minnesota Statutes 2014, section 609.065, is amended to read:

609.065 JUSTIFIABLE deleted text begin TAKING OF LIFE deleted text end new text begin USE OF DEADLY FORCE IN
DEFENSE OF HOME AND PERSON new text end .

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

deleted text begin The intentional taking of the life of another is not
authorized by section 609.06, except when necessary in resisting or preventing an offense
which the actor reasonably believes exposes the actor or another to great bodily harm or
death, or preventing the commission of a felony in the actor's place of abode. deleted text end new text begin (a) For
purposes of this section, the terms in this subdivision have the meanings given them.
new text end

new text begin (b) "Court order" means an order for protection issued under section 518B.01, a
restraining order issued under section 609.748, a no contact order issued under section
629.75, or a substantively similar order issued by any court in this state, another state, the
United States, or any subordinate jurisdiction of the United States.
new text end

new text begin (c) "Deadly force" means force used by an individual with the purpose of causing, or
which the individual should reasonably know creates a substantial risk of causing, great
bodily harm or death. The intentional discharge of a firearm by an individual at another
person, or at a vehicle in which another person is believed to be, constitutes deadly force.
A threat to cause great bodily harm or death, by the production of a weapon or otherwise,
constitutes reasonable force and not deadly force, when the individual's objective is limited
to creating an expectation that the individual will use deadly force only if authorized by law.
new text end

new text begin (d) "Dwelling" means a building defined under section 609.556, subdivision 3, an
overnight stopping accommodation of any kind, or a place of abode, that an individual
temporarily or permanently is occupying or intending to occupy as a habitation or home.
A dwelling includes, but is not limited to, a building or conveyance and that building's
or conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or
other structure, whether the building or conveyance is used temporarily or permanently
for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home,
tent, or the equivalent.
new text end

new text begin (e) "Forcible felony" means any crime punishable by imprisonment exceeding one
year the elements of which include the use or threatened use of physical force or a deadly
weapon against the person of another, including but not limited to: murder in the first degree
under section 609.185; murder in the second degree under section 609.19; manslaughter in
the first degree under section 609.20; assault in the first degree under section 609.221;
assault in the second degree under section 609.222; assault in the third degree under section
609.223; criminal sexual conduct in the first degree under section 609.342; criminal sexual
conduct in the second degree under section 609.343; arson in the first degree under section
609.561; burglary in the first, second, and third degrees under section 609.582; robbery
under sections 609.24 and 609.245; and kidnapping under section 609.25.
new text end

new text begin (f) "Good faith" includes honesty in fact in the conduct of the act concerned.
new text end

new text begin (g) "Great bodily harm" has the meaning given in section 609.02, subdivision 8.
new text end

new text begin (h) "Imminent" means the actor infers from all the facts and circumstances that the
course of conduct has commenced.
new text end

new text begin (i) "Substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.
new text end

new text begin (j) "Vehicle" means a conveyance of any type.
new text end

new text begin Subd. 2. new text end

new text begin Circumstances when authorized. new text end

new text begin (a) The use of deadly force by an
individual is justified under this section when the act is undertaken:
new text end

new text begin (1) to resist or prevent the commission of a felony in the individual's dwelling;
new text end

new text begin (2) to resist or prevent what the individual reasonably believes is an offense or
attempted offense that imminently exposes the individual or another person to substantial
bodily harm, great bodily harm, or death; or
new text end

new text begin (3) to resist or prevent what the individual reasonably believes is the commission or
imminent commission of a forcible felony.
new text end

new text begin (b) The use of deadly force is not authorized under this section if the individual
knows that the person against whom force is being used is a licensed peace officer from
this state, another state, the United States, or any subordinate jurisdiction of the United
States, who is acting lawfully.
new text end

new text begin Subd. 3. new text end

new text begin Degree of force; retreat. new text end

new text begin An individual taking defensive action pursuant
to subdivision 2 may use all force and means, including deadly force, that the individual
in good faith believes is required to succeed in defense. The individual may meet force
with superior force when the individual's objective is defensive; the individual is not
required to retreat; and the individual may continue defensive actions against an assailant
until the danger has ended.
new text end

new text begin Subd. 4. new text end

new text begin Presumptions. new text end

new text begin (a) An individual using deadly force is presumed to possess
a reasonable belief that there exists an imminent threat of substantial bodily harm, great
bodily harm, or death to the individual or another person, if the individual knows or
has reason to know that:
new text end

new text begin (1) the person against whom the defensive action is being taken is unlawfully
entering or attempting to enter by force or by stealth, or has unlawfully entered by force or
by stealth and remains within, the dwelling or occupied vehicle of the individual; or
new text end

new text begin (2) the person against whom the defensive action is being taken is in the process of
removing, or attempting to remove, the individual or another person from the dwelling or
occupied vehicle of the individual.
new text end

new text begin (b) An individual is not entitled to the benefit of the presumption in paragraph (a) if
the individual knows that the person against whom the defensive action is being taken:
new text end

new text begin (1) is a lawful resident of the dwelling or a lawful possessor of the vehicle, or is
otherwise lawfully permitted to enter the dwelling or vehicle; or
new text end

new text begin (2) is a person who has lawful custody of the person being removed from the
dwelling or vehicle or whose removal from the dwelling or vehicle is being attempted.
A person who is prohibited by a court order from contacting another individual or from
entering a dwelling or possessing a vehicle of another individual is not a lawful resident of
that individual's dwelling and is not a lawful possessor of that individual's vehicle.
new text end

new text begin (c) An individual using defensive force is not entitled to the benefit of the
presumption in paragraph (a) if the individual is presently engaged in a crime or attempting
to escape from the scene of a crime, or is presently using the dwelling or occupied vehicle
in furtherance of a crime.
new text end

new text begin (d) An individual is not entitled to the benefit of the presumption in paragraph (a) if
the individual knows or has reason to know that the person against whom the defensive
action is being taken is a licensed peace officer from this state, another state, the United
States, or any subordinate jurisdiction of the United States, who is acting lawfully.
new text end

new text begin Subd. 5. new text end

new text begin Criminal investigation; immunity from prosecution. new text end

new text begin (a) An individual
who uses force, including deadly force, according to this section or as otherwise provided
by law in defense of the individual, the individual's dwelling, or another individual is
justified in using such force and is immune from any criminal prosecution for that act.
new text end

new text begin (b) A law enforcement agency may arrest an individual using force under
circumstances described in this section only after considering any claims or circumstances
supporting self-defense or lawful defense of another individual.
new text end

new text begin Subd. 6. new text end

new text begin Justifiable use of force; burden of proof. new text end

new text begin In a criminal trial, when there
is any evidence of justifiable use of force under this section or section 609.06, the state
has the burden of proving beyond a reasonable doubt that the defendant's actions were
not justifiable.
new text end

new text begin Subd. 7. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Defense of Dwelling and
Person Act of 2015."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to uses
of deadly force occurring on or after that date.
new text end