| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; clarifying law on use of force in self-defense; eliminating |
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| 3 | 3 | | 1.3 the common law duty to retreat in cases of self-defense outside the home; expanding |
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| 4 | 4 | | 1.4 the boundaries of dwelling for purposes of self-defense; creating presumption of |
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| 5 | 5 | | 1.5 right to self-defense; amending Minnesota Statutes 2024, sections 609.06, |
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| 6 | 6 | | 1.6 subdivision 1; 609.065; proposing coding for new law in Minnesota Statutes, |
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| 7 | 7 | | 1.7 chapter 609. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. TITLE. |
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| 10 | 10 | | 1.10 This act shall be known as the "Minnesota Stand Your Ground Act." |
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| 11 | 11 | | 1.11 Sec. 2. Minnesota Statutes 2024, section 609.06, subdivision 1, is amended to read: |
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| 12 | 12 | | 1.12 Subdivision 1.When authorized.Except as otherwise provided in subdivisions 2 to 4 |
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| 13 | 13 | | 1.13and section 609.065, reasonable force may be used upon or toward the person of another |
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| 14 | 14 | | 1.14without the other's consent when the following circumstances exist or the actor reasonably |
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| 15 | 15 | | 1.15believes them to exist: |
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| 16 | 16 | | 1.16 (1) when used by a public officer or one assisting a public officer under the public |
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| 17 | 17 | | 1.17officer's direction: |
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| 18 | 18 | | 1.18 (i) in effecting a lawful arrest; or |
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| 19 | 19 | | 1.19 (ii) in the execution of legal process; or |
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| 20 | 20 | | 1.20 (iii) in enforcing an order of the court; or |
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| 21 | 21 | | 1.21 (iv) in executing any other duty imposed upon the public officer by law; or |
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| 22 | 22 | | 1Sec. 2. |
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| 23 | 23 | | REVISOR KLL/RC 25-0441303/03/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 3130 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Roach, Dippel, Gordon, Perryman, Rymer and others04/07/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (2) when used by a person not a public officer in arresting another in the cases and in |
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| 32 | 32 | | 2.2the manner provided by law and delivering the other to an officer competent to receive the |
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| 33 | 33 | | 2.3other into custody; or |
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| 34 | 34 | | 2.4 (3) when used by any person in resisting or aiding another to resist an offense against |
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| 35 | 35 | | 2.5the person; or |
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| 36 | 36 | | 2.6 (4) when used by any person in lawful possession of real or personal property, or by |
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| 37 | 37 | | 2.7another assisting the person in lawful possession, in resisting a trespass upon or other |
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| 38 | 38 | | 2.8unlawful interference with such property; or |
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| 39 | 39 | | 2.9 (5) when used by any person to prevent the escape, or to retake following the escape, |
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| 40 | 40 | | 2.10of a person lawfully held on a charge or conviction of a crime; or |
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| 41 | 41 | | 2.11 (6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise |
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| 42 | 42 | | 2.12of lawful authority, to restrain or correct such child; or |
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| 43 | 43 | | 2.13 (7) when used by a teacher, school principal, school employee, school bus driver, or |
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| 44 | 44 | | 2.14other agent of a district in the exercise of lawful authority, to restrain a child or pupil to |
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| 45 | 45 | | 2.15prevent bodily harm or death to the child, pupil, or another; or |
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| 46 | 46 | | 2.16 (8) when used by a common carrier in expelling a passenger who refuses to obey a lawful |
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| 47 | 47 | | 2.17requirement for the conduct of passengers and reasonable care is exercised with regard to |
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| 48 | 48 | | 2.18the passenger's personal safety; or |
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| 49 | 49 | | 2.19 (9) when used to restrain a person with a mental illness or a person with a developmental |
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| 50 | 50 | | 2.20disability from self-injury or injury to another or when used by one with authority to do so |
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| 51 | 51 | | 2.21to compel compliance with reasonable requirements for the person's control, conduct, or |
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| 52 | 52 | | 2.22treatment; or |
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| 53 | 53 | | 2.23 (10) when used by a public or private institution providing custody or treatment against |
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| 54 | 54 | | 2.24one lawfully committed to it to compel compliance with reasonable requirements for the |
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| 55 | 55 | | 2.25control, conduct, or treatment of the committed person. |
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| 56 | 56 | | 2.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of |
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| 57 | 57 | | 2.27force occurring on or after that date. |
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| 58 | 58 | | 2.28 Sec. 3. [609.064] DEFINITIONS. |
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| 59 | 59 | | 2.29 (a) For purposes of sections 609.065, 609.067, and 609.068, the terms in this section |
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| 60 | 60 | | 2.30have the meanings given. |
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| 61 | 61 | | 2.31 (b) "Crime of violence" has the meaning given in section 624.712, subdivision 5. |
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| 62 | 62 | | 2Sec. 3. |
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| 63 | 63 | | REVISOR KLL/RC 25-0441303/03/25 3.1 (c) "Dwelling" means a building defined under section 609.556, subdivision 3; an |
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| 64 | 64 | | 3.2overnight stopping accommodation of any kind; or a place of abode that an individual |
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| 65 | 65 | | 3.3temporarily or permanently is occupying or intending to occupy as a habitation or home. |
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| 66 | 66 | | 3.4A dwelling includes but is not limited to a building or conveyance and that building's or |
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| 67 | 67 | | 3.5conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or other |
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| 68 | 68 | | 3.6structure, whether the building or conveyance is used temporarily or permanently for these |
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| 69 | 69 | | 3.7purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the |
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| 70 | 70 | | 3.8equivalent. |
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| 71 | 71 | | 3.9 (d) "Forcible felony" means any crime punishable by imprisonment exceeding one year, |
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| 72 | 72 | | 3.10the elements of which include the use or threatened use of physical force or a deadly weapon |
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| 73 | 73 | | 3.11against the person of another including but not limited to: murder in the first degree under |
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| 74 | 74 | | 3.12section 609.185; murder in the second degree under section 609.19; manslaughter in the |
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| 75 | 75 | | 3.13first degree under section 609.20; assault in the first degree under section 609.221; assault |
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| 76 | 76 | | 3.14in the second degree under section 609.222; assault in the third degree under section 609.223; |
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| 77 | 77 | | 3.15robbery under sections 609.24 and 609.245; kidnapping under section 609.25; criminal |
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| 78 | 78 | | 3.16sexual conduct in the first degree under section 609.342; criminal sexual conduct in the |
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| 79 | 79 | | 3.17second degree under section 609.343; arson in the first degree under section 609.561; and |
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| 80 | 80 | | 3.18burglary in the first, second, and third degrees under section 609.582. |
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| 81 | 81 | | 3.19 (e) "Good faith" includes honesty in fact in the conduct of the act concerned. |
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| 82 | 82 | | 3.20 (f) "Imminent" means the actor infers from all the facts and circumstances that the course |
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| 83 | 83 | | 3.21of conduct has commenced. |
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| 84 | 84 | | 3.22 (g) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph |
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| 85 | 85 | | 3.23(c). |
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| 86 | 86 | | 3.24 (h) "Reasonable force" means the use or threatened use of force that a reasonable person |
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| 87 | 87 | | 3.25would judge to be necessary to prevent an injury or loss and can include deadly force if a |
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| 88 | 88 | | 3.26person reasonably believes that using or threatening to use such force is necessary to avoid |
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| 89 | 89 | | 3.27injury or risk to the person's life or safety or the life or safety of another. |
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| 90 | 90 | | 3.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of |
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| 91 | 91 | | 3.29force occurring on or after that date. |
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| 92 | 92 | | 3.30 Sec. 4. Minnesota Statutes 2024, section 609.065, is amended to read: |
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| 93 | 93 | | 3.31 609.065 JUSTIFIABLE TAKING OF LIFE USE OF FORCE. |
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| 94 | 94 | | 3.32 Subdivision 1.Self-defense; no duty to retreat.The intentional taking of the life of |
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| 95 | 95 | | 3.33another is not authorized by section 609.06, except when necessary in resisting or preventing |
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| 96 | 96 | | 3Sec. 4. |
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| 97 | 97 | | REVISOR KLL/RC 25-0441303/03/25 4.1an offense which the actor reasonably believes exposes the actor or another to great bodily |
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| 98 | 98 | | 4.2harm or death, or preventing the commission of a felony in the actor's place of abode. For |
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| 99 | 99 | | 4.3purposes of any section of law that creates a criminal offense, the following apply: |
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| 100 | 100 | | 4.4 (1) a person who is not engaged in illegal activity has no duty to retreat from any place |
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| 101 | 101 | | 4.5where the person is lawfully present before using or threatening to use reasonable force, |
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| 102 | 102 | | 4.6including deadly force, in self-defense, defense of another, or defense of that person's |
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| 103 | 103 | | 4.7dwelling, as authorized under this section; |
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| 104 | 104 | | 4.8 (2) except as provided in subdivision 3, a court or jury as trier of fact shall not consider |
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| 105 | 105 | | 4.9the possibility of retreat as a factor in determining whether a person who used or threatened |
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| 106 | 106 | | 4.10to use force, including deadly force, reasonably believed that such force was necessary to |
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| 107 | 107 | | 4.11prevent injury, loss, or risk to life or safety; |
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| 108 | 108 | | 4.12 (3) a person is justified in the use of or threat to use reasonable force, including deadly |
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| 109 | 109 | | 4.13force, when the person reasonably believes that such force is necessary to defend the person |
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| 110 | 110 | | 4.14or another from any actual or imminent use of unlawful force; |
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| 111 | 111 | | 4.15 (4) a person is justified in the use of or threat to use reasonable force, including deadly |
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| 112 | 112 | | 4.16force, even if an alternative course of action is available; and |
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| 113 | 113 | | 4.17 (5) a person may be wrong in the estimation of the danger or the force necessary to repel |
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| 114 | 114 | | 4.18the danger if there is a reasonable basis for the person's belief and the person acts reasonably |
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| 115 | 115 | | 4.19in response to that belief. |
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| 116 | 116 | | 4.20 Subd. 2.Reasonable force justified in responding to a forcible felony.A person who: |
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| 117 | 117 | | 4.21 (1) reasonably believes that another person is committing or is about to commit a forcible |
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| 118 | 118 | | 4.22felony; and |
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| 119 | 119 | | 4.23 (2) uses or threatens to use reasonable force, including deadly force, as authorized under |
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| 120 | 120 | | 4.24this section, is justified in using or threatening to use reasonable force, including deadly |
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| 121 | 121 | | 4.25force, against the other person to prevent or halt the commission of the forcible felony. |
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| 122 | 122 | | 4.26 Subd. 3.Loss of defense.(a) The affirmative defense of self-defense, defense of another, |
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| 123 | 123 | | 4.27or defense of that person's dwelling is not available in a criminal action in any of the |
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| 124 | 124 | | 4.28following circumstances: |
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| 125 | 125 | | 4.29 (1) a person who uses force during the person's commission, attempted commission, or |
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| 126 | 126 | | 4.30escape after the commission or attempted commission of a crime of violence; |
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| 127 | 127 | | 4Sec. 4. |
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| 128 | 128 | | REVISOR KLL/RC 25-0441303/03/25 5.1 (2) a person who uses force against another who is an aggressor, if the person initially |
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| 129 | 129 | | 5.2provoked the aggressor to use force or threat of force against the person, unless either of |
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| 130 | 130 | | 5.3the following apply: |
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| 131 | 131 | | 5.4 (i) the use of force or threat of force by the aggressor is sufficient for the person's |
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| 132 | 132 | | 5.5reasonable belief that the person is in imminent danger of death or great bodily harm, and |
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| 133 | 133 | | 5.6the person exhausts all reasonable means of escape other than the use of force or threat of |
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| 134 | 134 | | 5.7force that is likely to cause death or great bodily harm to the aggressor; or |
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| 135 | 135 | | 5.8 (ii) the use of force or threat of force by the aggressor continues or resumes after the |
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| 136 | 136 | | 5.9person, in good faith, withdraws from physical contact and clearly indicates the desire to |
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| 137 | 137 | | 5.10withdraw and terminate the use of force or threat of force by the person or the aggressor; |
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| 138 | 138 | | 5.11 (3) a person who uses force to resist an unlawful arrest if the person uses the force against |
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| 139 | 139 | | 5.12a peace officer and the person using the force knows the person making the arrest is a peace |
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| 140 | 140 | | 5.13officer; |
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| 141 | 141 | | 5.14 (4) a person who uses force to resist a lawful arrest if the person uses the force against |
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| 142 | 142 | | 5.15a person making the arrest or against a person assisting in making the arrest; |
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| 143 | 143 | | 5.16 (5) a person who uses force against a peace officer or a person assisting a peace officer |
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| 144 | 144 | | 5.17if the peace officer is acting in the performance of the peace officer's official duties; or |
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| 145 | 145 | | 5.18 (6) a person who: |
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| 146 | 146 | | 5.19 (i) uses force; |
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| 147 | 147 | | 5.20 (ii) is prohibited from possessing firearms under section 624.713; and |
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| 148 | 148 | | 5.21 (iii) is in possession of a firearm when the force was used. |
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| 149 | 149 | | 5.22 (b) When an affirmative defense is not available to a person under paragraph (a), the |
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| 150 | 150 | | 5.23person is not barred from raising any other statutory or common law affirmative defense |
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| 151 | 151 | | 5.24available to the person. |
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| 152 | 152 | | 5.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of |
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| 153 | 153 | | 5.26force occurring on or after that date. |
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| 154 | 154 | | 5.27 Sec. 5. [609.067] SELF-DEFENSE; CRIMINAL IMMUNITY. |
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| 155 | 155 | | 5.28 (a) A person who uses or threatens to use reasonable force, including deadly force, in |
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| 156 | 156 | | 5.29accordance with section 609.06 or 609.065 shall be immune from arrest, the filing of criminal |
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| 157 | 157 | | 5.30charges, or criminal prosecution arising from the person's use or threatened use of the |
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| 158 | 158 | | 5.31reasonable force, including deadly force. |
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| 159 | 159 | | 5Sec. 5. |
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| 160 | 160 | | REVISOR KLL/RC 25-0441303/03/25 6.1 (b) A law enforcement officer may use standard investigating procedures for investigating |
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| 161 | 161 | | 6.2the use or threatened use of force, including deadly force, but the law enforcement officer |
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| 162 | 162 | | 6.3shall not arrest a person for the person's use or threatened use of force, including deadly |
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| 163 | 163 | | 6.4force, unless the law enforcement officer has probable cause to believe that the person's use |
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| 164 | 164 | | 6.5or threatened use of force, including deadly force, was not justified under section 609.06 |
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| 165 | 165 | | 6.6or 609.065. |
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| 166 | 166 | | 6.7 (c) The court shall award reasonable attorney fees, court costs, compensation for loss |
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| 167 | 167 | | 6.8of income, and all expenses incurred by the defendant in defense of any civil action brought |
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| 168 | 168 | | 6.9by a plaintiff if the court finds that the defendant is immune from criminal prosecution as |
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| 169 | 169 | | 6.10provided in paragraph (a). |
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| 170 | 170 | | 6.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of |
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| 171 | 171 | | 6.12force occurring on or after that date. |
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| 172 | 172 | | 6.13 Sec. 6. [609.068] PRESUMPTION OF IMMUNITY; PRETRIAL CRIMINAL |
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| 173 | 173 | | 6.14IMMUNITY; HEARING. |
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| 174 | 174 | | 6.15 Subdivision 1.Presumption of immunity.Subject to subdivision 3, a person is presumed |
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| 175 | 175 | | 6.16to have acted in self-defense or defense of another when using or threatening to use deadly |
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| 176 | 176 | | 6.17force that is intended or likely to cause death or great bodily harm to another if any of the |
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| 177 | 177 | | 6.18following apply: |
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| 178 | 178 | | 6.19 (1) the person against whom the deadly force is used or threatened is in the process of |
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| 179 | 179 | | 6.20unlawfully and without privilege to do so entering, or has unlawfully and without privilege |
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| 180 | 180 | | 6.21to do so entered, the dwelling, occupied vehicle, place of business or employment of the |
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| 181 | 181 | | 6.22person using or threatening to use the deadly force, or any other place in which the person |
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| 182 | 182 | | 6.23using or threatening to use the deadly force is lawfully present; |
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| 183 | 183 | | 6.24 (2) the person against whom the deadly force is used or threatened is by force or threat |
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| 184 | 184 | | 6.25removing or attempting to unlawfully remove another person against the other person's will |
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| 185 | 185 | | 6.26from any place that the person using or threatening to use the deadly force is lawfully present; |
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| 186 | 186 | | 6.27or |
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| 187 | 187 | | 6.28 (3) the person using or threatening to use the deadly force knows or has reason to believe |
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| 188 | 188 | | 6.29that any of the conditions set forth in clause (1) or (2) are occurring or have occurred. |
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| 189 | 189 | | 6.30 Subd. 2.Presumption rebuttable.The presumption set forth in subdivision 1 may be |
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| 190 | 190 | | 6.31rebutted by a preponderance of the evidence, provided that the prosecution's burden of proof |
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| 191 | 191 | | 6.32remains by clear and convincing evidence as described in subdivision 4, paragraph (d). |
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| 192 | 192 | | 6Sec. 6. |
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| 193 | 193 | | REVISOR KLL/RC 25-0441303/03/25 7.1 Subd. 3.Loss of presumption.The presumption set forth in subdivision 1 does not |
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| 194 | 194 | | 7.2apply if, at the time the deadly force is used or threatened, any of the following circumstances |
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| 195 | 195 | | 7.3are present: |
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| 196 | 196 | | 7.4 (1) the person against whom the deadly force is used or threatened has a right to be in |
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| 197 | 197 | | 7.5the place where the person used or threatened to use the deadly force and a protective or no |
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| 198 | 198 | | 7.6contact order is not in effect against the person against whom the deadly force is used or |
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| 199 | 199 | | 7.7threatened; |
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| 200 | 200 | | 7.8 (2) the person sought to be removed as described in subdivision 1, clause (2), is a child |
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| 201 | 201 | | 7.9or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the |
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| 202 | 202 | | 7.10person against whom the deadly force is used or threatened; |
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| 203 | 203 | | 7.11 (3) the person who uses or threatens to use the deadly force uses or threatens to use it |
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| 204 | 204 | | 7.12while engaged in a criminal offense, while attempting to escape from the scene of a criminal |
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| 205 | 205 | | 7.13offense that the person has committed, or while using the dwelling, place of business or |
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| 206 | 206 | | 7.14employment, or occupied vehicle to further a criminal offense; or |
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| 207 | 207 | | 7.15 (4) the person against whom the deadly force is used or threatened is a law enforcement |
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| 208 | 208 | | 7.16officer who has entered or is attempting to enter a dwelling, place of business or employment, |
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| 209 | 209 | | 7.17or occupied vehicle in the lawful performance of the law enforcement officer's official |
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| 210 | 210 | | 7.18duties, and either the officer identified himself or herself as a law enforcement officer in |
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| 211 | 211 | | 7.19accordance with any applicable law or the person using or threatening to use the deadly |
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| 212 | 212 | | 7.20force knows or reasonably should know that the person who has entered or is attempting to |
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| 213 | 213 | | 7.21enter is a law enforcement officer. |
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| 214 | 214 | | 7.22 Subd. 4.Right to hearing; burden of proof; standard of proof.(a) A person accused |
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| 215 | 215 | | 7.23of an offense that involved the person's use or threatened use of force, including deadly |
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| 216 | 216 | | 7.24force, against another has a right to a pretrial immunity hearing regarding a claim of immunity |
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| 217 | 217 | | 7.25from criminal prosecution based on self-defense, defense of another, or defense of that |
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| 218 | 218 | | 7.26person's dwelling. |
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| 219 | 219 | | 7.27 (b) A person eligible for hearing under paragraph (a) may file a pretrial motion claiming |
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| 220 | 220 | | 7.28that the person used or threatened to use the force, including deadly force, in self-defense, |
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| 221 | 221 | | 7.29defense of another, or defense of that person's dwelling. |
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| 222 | 222 | | 7.30 (c) The filing of the motion establishes a prima facie claim of self-defense, defense of |
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| 223 | 223 | | 7.31another, or defense of that person's dwelling. |
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| 224 | 224 | | 7.32 (d) Upon the filing of a motion, the court shall hold a pretrial immunity hearing and |
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| 225 | 225 | | 7.33shall grant the motion and hold that the person used or threatened to use the force, including |
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| 226 | 226 | | 7Sec. 6. |
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| 227 | 227 | | REVISOR KLL/RC 25-0441303/03/25 8.1deadly force, in self-defense, defense of another, or defense of that person's dwelling unless |
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| 228 | 228 | | 8.2the state proves by clear and convincing evidence that the person did not use or threaten to |
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| 229 | 229 | | 8.3use the force, including deadly force, in self-defense, defense of another, or defense of that |
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| 230 | 230 | | 8.4person's dwelling, as the case may be. |
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| 231 | 231 | | 8.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of |
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| 232 | 232 | | 8.6force occurring on or after that date. |
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| 233 | 233 | | 8Sec. 6. |
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| 234 | 234 | | REVISOR KLL/RC 25-0441303/03/25 |
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