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SF 2298

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2016 08:43am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; clarifying the justifiable taking of a life statute;
amending Minnesota Statutes 2014, section 609.065.

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

Section 1.

Minnesota Statutes 2014, section 609.065, is amended to read:


609.065 JUSTIFIABLE TAKING OF LIFEnew text begin ; USE OF DEADLY FORCEnew text end .

new text begin Subdivision 1. new text end

new text begin General principle. new text end

The intentional taking of the life of another is not
authorized by section 609.06, except when necessary in resisting or preventingnew text begin :
new text end

new text begin (1) the commission ofnew text end an offense deleted text begin whichdeleted text end new text begin thatnew text end the deleted text begin actordeleted text end new text begin personnew text end reasonably believes
exposes the deleted text begin actordeleted text end new text begin personnew text end or another to great bodily harm or death, deleted text begin or preventingdeleted text end new text begin regardless
of the location where this occurs; or
new text end

new text begin (2) new text end the commission of a felony in the deleted text begin actor'sdeleted text end new text begin person'snew text end place of abode.

new text begin Subd. 2. new text end

new text begin Degree of force; retreat. new text end

new text begin A person acting in accordance with subdivision 1
may use all force and means, including deadly force, that the person in good faith believes
is required to succeed in defense. The person may meet force with superior force when the
person's objective is defensive, the person is not required to retreat, and the person may
continue defensive actions against an assailant until the danger has ended.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to acts committed on or after that date.
 new text end