MN Legislature

Accessibility menu

Bills use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of HF 3045.

Menu

Revisor of Statutes Menu

HF 3045

as introduced - 90th Legislature (2017 - 2018) Posted on 05/02/2018 03:09pm

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

Pdf

Rtf

Version List Authors and Status

Current Version - as introduced

A bill for an act
relating to public safety; limiting criminal defenses and authorization for the use
of force relating to a victim's sexual orientation or identity; amending Minnesota
Statutes 2016, sections 609.06, subdivision 1, by adding a subdivision; 609.075;
609.20.

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

Section 1.

Minnesota Statutes 2016, section 609.06, subdivision 1, is amended to read:


Subdivision 1.

When authorized.

Except as otherwise provided in subdivision
subdivisions 2 and 3, reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 2.

Minnesota Statutes 2016, section 609.06, is amended by adding a subdivision to
read:


Subd. 3.

Use of force not authorized; reaction to victim's sexual orientation.

Force
may not be used against another based on the discovery of, knowledge about, or potential
disclosure of the victim's actual or perceived sexual orientation, including gender identity
and expression, including under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance towards the actor, or if the actor and victim dated
or had a romantic or sexual relationship.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 3.

Minnesota Statutes 2016, section 609.075, is amended to read:


609.075 DEFENSES; INTOXICATION AS DEFENSE , REACTION TO VICTIM'S
SEXUAL ORIENTATION
.

Subdivision 1.

Intoxication as defense.

An act committed while in a state of voluntary
intoxication is not less criminal by reason thereof, but when a particular intent or other state
of mind is a necessary element to constitute a particular crime, the fact of intoxication may
be taken into consideration in determining such intent or state of mind.

Subd. 2.

Reaction to victim's sexual orientation.

It is not a defense to a crime that the
defendant acted based on the discovery of, knowledge about, or potential disclosure of the
victim's actual or perceived sexual orientation, including gender identity and expression,
including under circumstances in which the victim made an unwanted nonforcible romantic
or sexual advance towards the defendant, or if the defendant and victim dated or had a
romantic or sexual relationship.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 4.

Minnesota Statutes 2016, section 609.20, is amended to read:


609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by
such words or acts of another as would provoke a person of ordinary self-control under like
circumstances, provided that:

(i) the crying of a child; or

(ii) the discovery of, knowledge about, or potential disclosure of the victim's actual or
perceived sexual orientation, including gender identity and expression, including under
circumstances in which the victim made an unwanted nonforcible romantic or sexual advance
towards the actor, or if the actor and victim dated or had a romantic or sexual relationship;

does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another
in committing or attempting to commit a misdemeanor or gross misdemeanor offense with
such force and violence that death of or great bodily harm to any person was reasonably
foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by
threats made by someone other than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the only means of preventing
imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly
or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing,
or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of
section 609.377 (malicious punishment of a child), and murder in the first, second, or third
degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person
under the influence of intoxicants or a controlled substance.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19
2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13
3.14 3.15
3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15 4.16

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569