HF 538

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 04:36pm

A bill for an act
relating to public safety; modifying use of deadly force by peace officer to protect
person from death; amending Minnesota Statutes 2024, section 609.066, subdivision
2.

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

Section 1.

Minnesota Statutes 2024, 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 an
objectively reasonable officer would believe, based on the totality of the circumstances
known to new text begin or perceived by new text end the officer at the time and without the benefit of hindsight, that
such force is necessary:

(1) to protect the peace officer or another from death or great bodily harm, provided that
the threat:

(i) can be articulated with specificity;

(ii) is reasonably likely to occur absent action by the law enforcement officer; and

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

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
officer knows or has reasonable grounds to believe has committed or attempted to commit
a felony and the officer 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), unless
immediately apprehended.

(b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self 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).