Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 4240

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

Line numbers 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

A bill for an act
relating to public safety; establishing crime of disarming a peace officer;
providing criminal penalties; amending Minnesota Statutes 2006, section 609.50,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2006, section 609.50, subdivision 2, is amended to read:


Subd. 2.

Penalty.

A person convicted of violating subdivision 1 may be sentenced
as follows:

(1) if (i) the person knew or had reason to know that the act created a risk of
death, substantial bodily harm, or serious property damage; or (ii) the act caused
death, substantial bodily harm, or serious property damage; deleted text beginor (iii) the act involved the
intentional disarming of a peace officer by taking or attempting to take the officer's firearm
from the officer's possession without the officer's consent;
deleted text end to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both;

(2) if the act was accompanied by force or violence or the threat thereof, and is
not otherwise covered by clause (1), to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both; or

(3) in other cases, to imprisonment for not more than 90 days or to payment of
a fine of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [609.504] DISARMING A PEACE OFFICER.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "defensive device" includes a
firearm; a dangerous weapon; an authorized tear gas compound, as defined in section
624.731, subdivision 1; an electronic incapacitation device, as defined in section 624.731,
subdivision 1; a club or baton; and any item issued by a peace officer's employer to the
officer to assist in the officer's protection.
new text end

new text begin Subd. 2. new text end

new text begin Crime described. new text end

new text begin Whoever intentionally takes possession of a defensive
device being carried by a peace officer or from the area within the officer's immediate
control or attempts to take the officer's firearm, while the officer is engaged in the
performance of official duties and without the officer's consent, is guilty of a crime and
may be sentenced as provided in subdivision 3.
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 felony and
may be sentenced to imprisonment for not more than five years, payment of a fine of
not more than $10,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end