SF 835

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:24am

A bill for an act
relating to public safety; expanding the authorized use of tear gas; amending
Minnesota Statutes 2010, section 624.731, subdivisions 1, 2, 6.

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

Section 1.

Minnesota Statutes 2010, section 624.731, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

new text begin (a) new text end For the purposes of this section deleted text begin : deleted text end new text begin , the terms in
paragraphs (b) and (c) have the meanings given.
new text end

deleted text begin (1) deleted text end new text begin (b) new text end "authorized tear gas compound" means a lachrymator or any
substance composed of a mixture of a lachrymator including chloroacetophenone,
alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or
oleoresin capsicum, commonly known as tear gas deleted text begin ; and deleted text end new text begin . The term also includes substances
employing a nonlethal PAVA (capsaicin II) pepper irritant.
new text end

deleted text begin (2) deleted text end new text begin (c) new text end "electronic incapacitation device" means a portable device which is designed
or intended by the manufacturer to be used, offensively or defensively, to temporarily
immobilize or incapacitate persons by means of electric pulse or current, including devices
operating by means of carbon dioxide propellant. "Electronic incapacitation device" does
not include cattle prods, electric fences, or other electric devices when used in agricultural,
animal husbandry, or food production activities.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 624.731, subdivision 2, is amended to read:

Subd. 2.

Authorized possession; use.

(a) A person may possess and use an
authorized tear gas compound in the exercise of reasonable force in defense of the person
or the person's property only if it is propelled from an aerosol container, labeled with or
accompanied by clearly written instructions as to its use and the dangers involved in its
use, and dated to indicate its anticipated useful life. new text begin A person may possess and use an
authorized tear gas compound employing a nonlethal PAVA (capsaicin II) pepper irritant,
regardless of its method of propulsion, limited to 15 rounds or less, in the exercise of
reasonable force in defense of the person or the person's property or in the reasonable
exercise of crowd control.
new text end

(b) A person may possess and use an electronic incapacitation device in the exercise
of reasonable force in defense of the person or the person's property only if the electronic
incapacitation device is labeled with or accompanied by clearly written instructions as to
its use and the dangers involved in its use.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 624.731, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

Nothing 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, new text begin
a person licensed as a protective agent under sections 326.32 to 326.339 or employed by a
licensed protective agent to perform services as a protective agent, new text end 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.

new text begin EFFECTIVE DATE. new text end

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