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Capital IconMinnesota Legislature

HF 88

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 01:26am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; prohibiting law enforcement from using tear gas as a
means to control a crowd; amending Minnesota Statutes 2018, section 624.731,
subdivisions 4, 6.

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

Section 1.

Minnesota Statutes 2018, section 624.731, subdivision 4, is amended to read:


Subd. 4.

Prohibited use.

(a) No person shall knowingly, or with reason to know, use
tear gas, a tear gas compound, an authorized tear gas compound, or an electronic
incapacitation device on or against a peace officer who is in the performance of duties.

(b) No person shall use tear gas, a tear gas compound, an authorized tear gas compound,
or an electronic incapacitation device except as authorized in subdivision 2 or 6.

(c) Tear gas, a tear gas compound, or an electronic incapacitation device shall legally
constitute a weapon when it is used in the commission of a crime.

(d) No person shall use tear gas or a tear gas compound in an immobilizing concentration
against another person, except as otherwise permitted by subdivision 2.

new text begin (e) No peace officer shall use tear gas as a means to control or disperse a crowd in the
performance of the officer's duties. A chief law enforcement officer shall not authorize the
use of tear gas for crowd control.
new text end

Sec. 2.

Minnesota Statutes 2018, section 624.731, subdivision 6, is amended to read:


Subd. 6.

Exceptions.

new text beginExcept as provided in subdivision 4, paragraph (e), new text endnothing 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.