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Minnesota Legislature

Office of the Revisor of Statutes

SF 2633

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 08:25am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; limiting criminal defenses and authorization for the use
of force relating to a victim's sexual orientation or identity; amending Minnesota
Statutes 2016, sections 609.06, subdivision 1, by adding a subdivision; 609.075;
609.20.

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

Section 1.

Minnesota Statutes 2016, section 609.06, subdivision 1, is amended to read:


Subdivision 1.

When authorized.

Except as otherwise provided in deleted text beginsubdivisiondeleted text end
new text begin subdivisions new text end2new text begin and 3new text end, reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.06, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Use of force not authorized; reaction to victim's sexual orientation. new text end

new text begin Force
may not be used against another based on the discovery of, knowledge about, or potential
disclosure of the victim's actual or perceived sexual orientation, including gender identity
and expression, including under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance towards the actor, or if the actor and victim dated
or had a romantic or sexual relationship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.075, is amended to read:


609.075 new text beginDEFENSES; new text endINTOXICATION deleted text beginAS DEFENSEdeleted text endnew text begin, REACTION TO VICTIM'S
SEXUAL ORIENTATION
new text end.

new text begin Subdivision 1. new text end

new text begin Intoxication as defense. new text end

An act committed while in a state of voluntary
intoxication is not less criminal by reason thereof, but when a particular intent or other state
of mind is a necessary element to constitute a particular crime, the fact of intoxication may
be taken into consideration in determining such intent or state of mind.

new text begin Subd. 2. new text end

new text begin Reaction to victim's sexual orientation. new text end

new text begin It is not a defense to a crime that the
defendant acted based on the discovery of, knowledge about, or potential disclosure of the
victim's actual or perceived sexual orientation, including gender identity and expression,
including under circumstances in which the victim made an unwanted nonforcible romantic
or sexual advance towards the defendant, or if the defendant and victim dated or had a
romantic or sexual relationship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.20, is amended to read:


609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by
such words or acts of another as would provoke a person of ordinary self-control under like
circumstances, provided thatnew text begin:
new text end

new text begin (i)new text end the crying of a childnew text begin; or
new text end

new text begin (ii) the discovery of, knowledge about, or potential disclosure of the victim's actual or
perceived sexual orientation, including gender identity and expression, including under
circumstances in which the victim made an unwanted nonforcible romantic or sexual advance
towards the actor, or if the actor and victim dated or had a romantic or sexual relationship;
new text end

does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another
in committing or attempting to commit a misdemeanor or gross misdemeanor offense with
such force and violence that death of or great bodily harm to any person was reasonably
foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by
threats made by someone other than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the only means of preventing
imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly
or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing,
or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of
section 609.377 (malicious punishment of a child), and murder in the first, second, or third
degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person
under the influence of intoxicants or a controlled substance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end