HF 3648

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 12:43pm

A bill for an act
relating to public safety; prohibiting the use of electronic incapacitation cuffs on
persons who are in custody for a criminal offense; providing penalties; amending
Minnesota Statutes 2014, section 624.731, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2014, section 624.731, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

new text begin (a) Except as provided in paragraph (b), new text end nothing in this section
shall prohibit the possession or use of by, or the sale or furnishing of, tear gas, a tear
gas compound, an authorized tear gas compound, or electronic incapacitation device to,
a law enforcement agency, 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 begin (b) Section 624.7311 addresses the use of certain electronic incapacitation devices
on persons who are in custody for a criminal offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to acts
committed on or after that date.
new text end

Sec. 2.

new text begin [624.7311] ELECTRONIC INCAPACITATION CUFFS; USE
PROHIBITED; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
meanings given:
new text end

new text begin (1) "in custody" means the state of being detained, arrested, taken into physical
custody, charged, incarcerated, or otherwise supervised for a criminal offense, regardless
of whether a conviction has yet occurred; and
new text end

new text begin (2) "electronic incapacitation cuff" means a device that is designed or intended by
the manufacturer to be used to temporarily immobilize or incapacitate a person by means
of electric pulse or current and that is temporarily attached or placed on or in proximity to
a person's body to act as a restraining or controlling device.
new text end

new text begin Subd. 2. new text end

new text begin Acts prohibited. new text end

new text begin A person may not place or use an electronic
incapacitation cuff on someone who is in custody.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to acts
committed on or after that date.
new text end