HF 4189

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; firearms; clarifying and extending the castle doctrine
regarding the authorized use of deadly force in self defense; amending Minnesota
Statutes 2004, section 609.065.

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

Section 1.

Minnesota Statutes 2004, section 609.065, is amended to read:

609.065 JUSTIFIABLE TAKING OF LIFE USE OF DEADLY FORCE IN
SELF DEFENSE.

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.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings assigned to them.

(b) The terms "substantial bodily harm" and "great bodily harm" have the meanings
assigned to them in section 609.02, subdivisions 7a and 8, respectively.

(c) "Court order" means an order for protection or no contact order issued under
section 518B.01, or a restraining order or no contact order issued under section 609.748,
or a substantively similar order issued by any court in any state.

(d) "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, so long as the individual's
objective is limited to creating an expectation that the individual will use deadly force if
authorized by law.

(e) "Dwelling" means a building or a conveyance of any kind, designed to be
occupied by one or more persons lodging therein, including its curtilage and any attached
deck, porch, appurtenance, or connected structure, whether the building or conveyance is
used temporarily or permanently, is mobile or immobile, or is a tent.

(f) "Felony" has the meaning assigned in section 609.02, subdivision 2.

(g) "Vehicle" means a conveyance of any kind, whether motorized or not, which is
designed to transport persons or property.

Subd. 2.

Circumstances when authorized.

The use of deadly force by an
individual in self defense is authorized by this section when the act is undertaken:

(1) to resist or prevent an offense or attempted offense by an assailant, which the
individual reasonably believes constitutes an imminent threat that exposes the individual
or another person to substantial or great bodily harm or death; or

(2) to resist or prevent the commission, in the individual's dwelling or occupied
vehicle, of an offense or attempted offense that the individual reasonably believes is
a felony.

Subd. 3.

Degree of force; retreat.

An individual using defensive force under
circumstances described in subdivision 2 may stand the individual's ground in any place
where the individual has a legal right to be, and may use all force and means, including
deadly force, which the individual actually believes is required to succeed in defense.
The individual may meet force with superior force, so long as the individual's objective
is defense. The individual is not required to retreat, and may continue defensive actions
against an assailant until the assailant is no longer an imminent threat.

Subd. 4.

Presumptions.

(a) A person who enters or attempts to enter by force or by
stealth the dwelling or occupied vehicle of another person is presumed to do so with the
intent to commit an unlawful act involving a life-threatening level of force.

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

(1) the person against whom the defensive force is being used is entering or
attempting to enter by force or by stealth, or has entered by force or by stealth and remains
within, the dwelling or occupied vehicle of the individual or other person; or

(2) the person against whom the defensive force is being used is in the process of
removing or attempting to remove by force the individual or another person from the
dwelling or occupied vehicle of the individual or other person.

(c) The individual is not entitled to the benefit of the presumption set forth in
paragraph (b) if the individual knows that the person against whom the defensive force
is being used:

(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

(2) is the parent, grandparent, or guardian, or another person who has lawful custody
of the person being removed or being sought to be removed from the dwelling or vehicle.

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.

Subd. 5.

Criminal investigation; immunity from prosecution.

(a) An individual
who uses deadly force in accordance with this section is justified in using such force and is
immune from any criminal prosecution for that act.

(b) A law enforcement agency may arrest a person using force under circumstances
described in this section only after considering any claims or circumstances supporting
self defense.

EFFECTIVE DATE.

This section is effective August 1, 2006, and applies to
qualifying uses of deadly force occurring on or after that date.