HF 4

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:24pm

A bill for an act
relating to public safety; prohibiting the use of certain restraints; requiring law
enforcement agencies to update policies regarding the use of force; amending
Minnesota Statutes 2018, sections 609.06, subdivision 1, by adding a subdivision;
626.8452, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Except as otherwise provided in deleted text begin subdivision deleted text end new text begin
subdivisions new text end 2 new text begin and 3 new text end , 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.

Sec. 2.

Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Limitations on the use of certain restraints. new text end

new text begin (a) A peace officer may not use
any of the following restraints:
new text end

new text begin (1) lateral vascular neck restraint;
new text end

new text begin (2) choke holds;
new text end

new text begin (3) neck holds;
new text end

new text begin (4) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (5) securing a person in any way that results in transporting the person face down in a
vehicle.
new text end

new text begin (b) A peace officer may not use any other restraint that restricts free movement of a
person's neck or head for any purpose other than to protect the peace officer or another from
imminent harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Prohibition on use of certain restraints. new text end

new text begin By January 1, 2021, the head of
every local and state law enforcement agency shall update and enforce the written policy
described in subdivision 1 to prohibit:
new text end

new text begin (1) the use of lateral vascular neck restraint;
new text end

new text begin (2) the use of choke holds;
new text end

new text begin (3) the use of neck holds;
new text end

new text begin (4) tying all of a person's limbs together behind the person's back to render the person
immobile;
new text end

new text begin (5) transporting a person face down in a vehicle; and
new text end

new text begin (6) the use of any other restraint that restricts free movement of a person's neck or head
for any purpose other than to protect the peace officer or another from imminent harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end