SF 2560

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/18/2021 09:46am

A bill for an act
relating to public safety; modifying the police use of deadly force law; amending
Minnesota Statutes 2020, section 609.066, subdivisions 1a, 2.

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

Section 1.

Minnesota Statutes 2020, section 609.066, subdivision 1a, is amended to read:

Subd. 1a.

Legislative intent.

The legislature hereby finds and declares the following:

(1) that the authority to use deadly force, conferred on peace officers by this section, is
a critical responsibility that shall be exercised judiciously and with respect for human rights
and dignity and for the sanctity of every human life. The legislature further finds and declares
that every person has a right to be free from excessive use of force by officers acting under
color of law;

(2) as set forth below, it is the intent of the legislature that peace officers use deadly
force only when necessary in defense of human life or to prevent great bodily harm. In
determining whether deadly force is necessary, officers shall evaluate each situation in light
of the particular circumstances of each case;

(3) that the decision by a peace officer to use deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the benefit
of hindsight, and that the totality of the circumstances shall account for occasions when
officers may be forced to make quick judgments about using deadly force new text begin in tense, uncertain,
and rapidly evolving circumstances new text end ; and

(4) that peace officers should exercise special care when interacting with individuals
with known physical, mental health, developmental, or intellectual disabilities as an
individual's disability may affect the individual's ability to understand or comply with
commands from peace officers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.066, subdivision 2, is amended to read:

Subd. 2.

Use of deadly force.

(a) Notwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only if deleted text begin an deleted text end
objectively reasonable deleted text begin officer would believe, based on the totality of the circumstances
known to the officer at the time and without the benefit of hindsight, that such force is
necessary deleted text end new text begin . The reasonableness of the use of deadly force is based upon the totality of the
circumstances known to or perceived by the peace officer at the time, and the use of deadly
force is not to be judged on the basis of hindsight. Deadly force is justified new text end :

(1) to protect the peace officer or another from new text begin a reasonably perceived risk of new text end death or
great bodily harm, provided deleted text begin that the threat deleted text end :

(i) deleted text begin can be articulated with specificity by the law enforcement officer;
deleted text end

deleted text begin (ii) deleted text end new text begin the perceived risk of death or great bodily harm new text end is reasonably likely to occur absent
deleted text begin action by the law enforcement officer deleted text end new text begin the peace officer's use of deadly force new text end ; and

new text begin (ii) in light of the perceived risk of death or great bodily harm, the use of deadly force
could not have been reasonably delayed;
new text end

deleted text begin (iii) must be addressed through the use of deadly force without unreasonable delay; deleted text end or

(2) to deleted text begin effect deleted text end new text begin effectuate new text end the arrest or capture, or prevent the escape, of a person deleted text begin whom
the peace officer knows or has reasonable grounds to believe deleted text end new text begin where there is probable cause
to believe the person new text end has committed or attempted to commit a felony and the new text begin peace new text end officer
deleted text begin reasonably believes that the person will cause death or great bodily harm to another person
under the threat criteria in clause (1), items (i) to (iii) deleted text end new text begin reasonably perceives the person poses
a risk of death or great bodily harm to the peace officer or another new text end , unless immediately
apprehended.

(b) A peace officer shall not use deadly force against a person based new text begin only new text end on the danger
the person poses to self deleted text begin if an objectively reasonable officer would believe, based on the
totality of the circumstances known to the officer at the time and without the benefit of
hindsight, that the person does not pose a threat of death or great bodily harm to the peace
officer or to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii) deleted text end new text begin ,
provided the individual does not meet the risk criteria in paragraph (a), clause (1), items (i)
and (ii), as a threat to a peace officer or another new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2021.
new text end