language to be deleted (2) new language
Laws of Minnesota 1991 CHAPTER 141-H.F.No. 414 An act relating to peace officers; requiring reports on the discharge of firearms by peace officers to be sent to the board of peace officer standards and training; requiring law enforcement agencies to adopt written policies governing the use of deadly force; requiring initial and continuing peace officer training on deadly force and the use of firearms; amending Minnesota Statutes 1990, section 626.553, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 626. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, section 626.553, subdivision 2, is amended to read: Subd. 2. Whenever a peace officer discharges a firearm in the course of duty, other than for training purposes or the killing of an animal that is sick, injured, or dangerous, notification shall be filed within 30 days of the incident by the officer's department head with the commissioner of public safety. The commissioner of public safety shall forward a copy of the filing to the board of peace officer standards and training. The notification shall contain information concerning the reason for and circumstances surrounding discharge of the firearm. The commissioner of public safety shall file a report with the legislature by November 15 of each even-numbered year containing summary information concerning use of firearms by peace officers. Sec. 2. [626.8452] [DEADLY FORCE AND FIREARMS USE; POLICIES AND INSTRUCTION REQUIRED.] Subdivision 1. [DEADLY FORCE POLICY.] By January 1, 1992, the head of every local and state law enforcement agency shall establish and enforce a written policy governing the use of force, including deadly force, as defined in section 609.066, by peace officers and part-time peace officers employed by the agency. The policy must be consistent with the provisions of section 609.066, subdivision 2, and may not prohibit the use of deadly force under circumstances in which that force is justified under section 609.066, subdivision 2. Subd. 2. [DEADLY FORCE AND FIREARMS USE; INITIAL INSTRUCTION.] Beginning January 1, 1992, the head of every local and state law enforcement agency shall provide instruction on the use of force, deadly force, and the use of firearms to every peace officer and part-time peace officer newly appointed by or beginning employment with the agency. This instruction must occur before the agency head issues a firearm to the officer or otherwise authorizes the officer to carry a firearm in the course of employment. The instruction must be based on the agency's written policy required in subdivision 1 and on the instructional materials required by the board for peace officer and part-time peace officer licensure. Subd. 3. [DEADLY FORCE AND FIREARMS USE; CONTINUING INSTRUCTION.] Beginning January 1, 1992, the head of every local and state law enforcement agency shall provide the instruction described in subdivision 2 to every peace officer and part-time peace officer currently employed by the agency. This instruction must be provided at least once a year. Subd. 4. [RECORD KEEPING REQUIRED.] The head of every local and state law enforcement agency shall maintain written records of the agency's compliance with the requirements of subdivisions 2 and 3. Subd. 5. [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section. Presented to the governor May 20, 1991 Signed by the governor May 22, 1991, 5:40 p.m.