Bill Text: MN HF1732 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Uniform use of force standard for peace officers provided.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-19 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF1732 Detail]
Download: Minnesota-2011-HF1732-Introduced.html
1.2relating to public safety; providing a uniform use of force standard for peace
1.3officers;amending Minnesota Statutes 2010, sections 609.06, by adding
1.4subdivisions; 626.8452, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.06, is amended by adding a
1.7subdivision to read:
1.8 Subd. 1a. Reasonable force; determination. A determination as to whether a
1.9use of force by a peace officer is reasonable shall be judged from the perspective of a
1.10reasonable officer on the scene allowing for the fact that peace officers are often forced
1.11to make split-second judgments in circumstances that are tense, uncertain, and rapidly
1.12evolving, rather than in hindsight. A use of force by a peace officer may be reasonable
1.13even though other force options were available that involved less force, employed better
1.14tactics, or would have been more effective.
1.15 Sec. 2. Minnesota Statutes 2010, section 609.06, is amended by adding a subdivision
1.16to read:
1.17 Subd. 3. Definitions. (a) For the purposes of this section, the terms in this
1.18subdivision have the meanings given them.
1.19(b) "Force" means physical contact with another person by the actor's body or with a
1.20weapon or device employed by the actor with the purpose of causing or which the actor
1.21would reasonably know creates a substantial risk of causing pain or injury to that person.
2.1(c) "Reasonable force" means force used by a peace officer that is objectively
2.2reasonable in light of the totality of the facts and circumstances confronting the officer,
2.3without regard to the officer's underlying intent or motivation.
2.4 Sec. 3. Minnesota Statutes 2010, section 626.8452, subdivision 1, is amended to read:
2.5 Subdivision 1.Deadly Force policy. By January 1, 1992, The head of every local
2.6and state law enforcement agency shall establish and enforce a written policy governing
2.7the use of force, including. Policies involving the use of deadly force, as defined in section
2.8609.066
, by peace officers and part-time peace officers employed by the agency. The
2.9policy must be consistent with the provisions of section
609.066, subdivision 2 , and
2.10may not prohibit or subject the officer to discipline for the use of deadly force under
2.11circumstances in which that force is justified under section609.066, subdivision 2 .
2.12Policies involving all uses of force other than deadly force by peace officers and part-time
2.13peace officers must be consistent with section 609.06 and may not prohibit or subject the
2.14officer to discipline for a use of reasonable force as defined in section 609.06.
2.15 Sec. 4. REVISOR'S INSTRUCTION.
2.16In the next edition of Minnesota Statutes, the revisor of statutes shall delete the
2.17term "Deadly" in the section and subdivision headnotes of Minnesota Statutes, section
2.18626.8452.
1.3officers;amending Minnesota Statutes 2010, sections 609.06, by adding
1.4subdivisions; 626.8452, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.06, is amended by adding a
1.7subdivision to read:
1.8 Subd. 1a. Reasonable force; determination. A determination as to whether a
1.9use of force by a peace officer is reasonable shall be judged from the perspective of a
1.10reasonable officer on the scene allowing for the fact that peace officers are often forced
1.11to make split-second judgments in circumstances that are tense, uncertain, and rapidly
1.12evolving, rather than in hindsight. A use of force by a peace officer may be reasonable
1.13even though other force options were available that involved less force, employed better
1.14tactics, or would have been more effective.
1.15 Sec. 2. Minnesota Statutes 2010, section 609.06, is amended by adding a subdivision
1.16to read:
1.17 Subd. 3. Definitions. (a) For the purposes of this section, the terms in this
1.18subdivision have the meanings given them.
1.19(b) "Force" means physical contact with another person by the actor's body or with a
1.20weapon or device employed by the actor with the purpose of causing or which the actor
1.21would reasonably know creates a substantial risk of causing pain or injury to that person.
2.1(c) "Reasonable force" means force used by a peace officer that is objectively
2.2reasonable in light of the totality of the facts and circumstances confronting the officer,
2.3without regard to the officer's underlying intent or motivation.
2.4 Sec. 3. Minnesota Statutes 2010, section 626.8452, subdivision 1, is amended to read:
2.5 Subdivision 1.
2.6and state law enforcement agency shall establish and enforce a written policy governing
2.7the use of force
2.9
2.10may not prohibit or subject the officer to discipline for the use of deadly force under
2.11circumstances in which that force is justified under section
2.12Policies involving all uses of force other than deadly force by peace officers and part-time
2.13peace officers must be consistent with section 609.06 and may not prohibit or subject the
2.14officer to discipline for a use of reasonable force as defined in section 609.06.
2.15 Sec. 4. REVISOR'S INSTRUCTION.
2.16In the next edition of Minnesota Statutes, the revisor of statutes shall delete the
2.17term "Deadly" in the section and subdivision headnotes of Minnesota Statutes, section
2.18626.8452.
