HF 2546

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 03:55pm

A bill for an act
relating to public safety; prohibiting law enforcement from using tear gas, chemical
weapons, and kinetic energy munitions; amending Minnesota Statutes 2020, section
624.731, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes,
chapter 626.

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

Section 1.

Minnesota Statutes 2020, section 624.731, subdivision 4, is amended to read:

Subd. 4.

Prohibited use.

(a) No person shall knowingly, or with reason to know, use
tear gas, a tear gas compound, an authorized tear gas compound, or an electronic
incapacitation device on or against a peace officer who is in the performance of duties.

(b) No person shall use tear gas, a tear gas compound, an authorized tear gas compound,
or an electronic incapacitation device except as authorized in subdivision 2 or 6.

(c) Tear gas, a tear gas compound, or an electronic incapacitation device shall legally
constitute a weapon when it is used in the commission of a crime.

(d) No person shall use tear gas or a tear gas compound in an immobilizing concentration
against another person, except as otherwise permitted by subdivision 2.

new text begin (e) No peace officer shall use tear gas in the performance of the officer's duties. No law
enforcement agency shall supply tear gas to, or authorize the use of tear gas by, peace
officers employed by the agency.
new text end

Sec. 2.

Minnesota Statutes 2020, section 624.731, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

new text begin (a) new text end Nothing in this section shall prohibit the possession deleted text begin or use of
by, or the sale or deleted text end new text begin , use, sale, or new text end furnishing of deleted text begin , deleted text end tear gas deleted text begin , deleted text end new text begin or new text end a tear gas compound deleted text begin , an authorized
tear gas compound, or electronic incapacitation device to, a law enforcement agency, peace
officer, deleted text end new text begin to new text end the National Guard or reserves, or a member of the National Guard or reserves
for use in their official duties, except that counties and municipalities may impose licensing
requirements on sellers pursuant to subdivision 9.

new text begin (b) Nothing in this section shall prohibit the possession, use, sale, or furnishing of an
electronic incapacitation device to a law enforcement agency, a peace officer, the National
Guard or reserves, or a member of the National Guard or reserves for use in their official
duties, except that counties and municipalities may impose licensing requirements on sellers
pursuant to subdivision 9.
new text end

Sec. 3.

new text begin [626.8476] CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS
PROHIBITED; POLICIES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided.
new text end

new text begin (b) "Chemical weapons" means:
new text end

new text begin (1) toxic chemicals and their precursors, except where intended for purposes not
prohibited pursuant to this subdivision and where the types and quantities of such chemicals
are consistent with such purposes;
new text end

new text begin (2) munitions and devices specifically designed to cause death or other harm through
toxic properties of toxic chemicals as described in clause (1) which would be released as a
result of the employment of such munitions and devices; or
new text end

new text begin (3) any equipment specifically designed for use directly in connection with the
employment of munitions and devices as described in clause (2).
new text end

new text begin (c) "Toxic chemical" means any chemical which through its chemical action on life
processes can cause death, temporary incapacitation, or permanent harm to humans or
animals. Toxic chemicals include all chemicals defined as toxic chemicals pursuant to this
paragraph, regardless of the origin or method of production of the chemical and regardless
of whether the chemicals are produced in facilities, in munitions, or elsewhere.
new text end

new text begin (d) "Kinetic energy munitions" includes but is not limited to impact rounds, including
rubber baton rounds, and plastic, wax, wood, or rubber-coated projectiles.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Law enforcement agencies and peace officers are prohibited from
using chemical weapons and kinetic energy munitions on civilian populations.
new text end

new text begin Subd. 3. new text end

new text begin Model policy required. new text end

new text begin By November 15, 2021, the board must develop a
model policy for law enforcement agencies to implement the prohibition on law enforcement
agencies and peace officers from using chemical weapons and kinetic energy munitions on
civilian populations. The board must distribute the model policy to all chief law enforcement
officers.
new text end

new text begin Subd. 4. new text end

new text begin Agency policies required. new text end

new text begin By January 15, 2022, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy that is identical or substantially similar to the board's model policy described in
subdivision 3.
new text end