Minnesota Session Laws - 1991, Regular Session

  

                         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.