1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; eliminating the duty to retreat before using reasonable |
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3 | 3 | | 1.3 force in defense of self or others; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 609.06, subdivision 1. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 609.06, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.When authorized.(a) Except as otherwise provided in subdivisions 2 |
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8 | 8 | | 1.8to 4, reasonable force may be used upon or toward the person of another without the other's |
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9 | 9 | | 1.9consent when the following circumstances exist or the actor reasonably believes them to |
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10 | 10 | | 1.10exist: |
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11 | 11 | | 1.11 (1) when used by a public officer or one assisting a public officer under the public |
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12 | 12 | | 1.12officer's direction: |
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13 | 13 | | 1.13 (i) in effecting a lawful arrest; or |
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14 | 14 | | 1.14 (ii) in the execution of legal process; or |
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15 | 15 | | 1.15 (iii) in enforcing an order of the court; or |
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16 | 16 | | 1.16 (iv) in executing any other duty imposed upon the public officer by law; or |
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17 | 17 | | 1.17 (2) when used by a person not a public officer in arresting another in the cases and in |
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18 | 18 | | 1.18the manner provided by law and delivering the other to an officer competent to receive the |
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19 | 19 | | 1.19other into custody; or |
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20 | 20 | | 1.20 (3) when used by any person in resisting or aiding another to resist an offense against |
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21 | 21 | | 1.21the person; or |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-00677 as introduced11/21/24 REVISOR KLL/BM |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 624NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: HOWE, Pratt and Draheim) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading01/27/2025 |
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30 | 30 | | Referred to Judiciary and Public Safety 2.1 (4) when used by any person in lawful possession of real or personal property, or by |
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31 | 31 | | 2.2another assisting the person in lawful possession, in resisting a trespass upon or other |
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32 | 32 | | 2.3unlawful interference with such property; or |
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33 | 33 | | 2.4 (5) when used by any person to prevent the escape, or to retake following the escape, |
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34 | 34 | | 2.5of a person lawfully held on a charge or conviction of a crime; or |
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35 | 35 | | 2.6 (6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise |
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36 | 36 | | 2.7of lawful authority, to restrain or correct such child; or |
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37 | 37 | | 2.8 (7) when used by a teacher, school principal, school employee, school bus driver, or |
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38 | 38 | | 2.9other agent of a district in the exercise of lawful authority, to restrain a child or pupil to |
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39 | 39 | | 2.10prevent bodily harm or death to the child, pupil, or another; or |
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40 | 40 | | 2.11 (8) when used by a common carrier in expelling a passenger who refuses to obey a lawful |
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41 | 41 | | 2.12requirement for the conduct of passengers and reasonable care is exercised with regard to |
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42 | 42 | | 2.13the passenger's personal safety; or |
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43 | 43 | | 2.14 (9) when used to restrain a person with a mental illness or a person with a developmental |
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44 | 44 | | 2.15disability from self-injury or injury to another or when used by one with authority to do so |
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45 | 45 | | 2.16to compel compliance with reasonable requirements for the person's control, conduct, or |
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46 | 46 | | 2.17treatment; or |
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47 | 47 | | 2.18 (10) when used by a public or private institution providing custody or treatment against |
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48 | 48 | | 2.19one lawfully committed to it to compel compliance with reasonable requirements for the |
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49 | 49 | | 2.20control, conduct, or treatment of the committed person. |
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50 | 50 | | 2.21 (b) An actor may use reasonable force under the circumstances described in paragraph |
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51 | 51 | | 2.22(a), clause (3), regardless of whether a reasonable possibility of retreat to avoid the danger |
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52 | 52 | | 2.23exists. |
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53 | 53 | | 2.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to acts |
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54 | 54 | | 2.25committed on or after that date. |
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55 | 55 | | 2Section 1. |
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56 | 56 | | 25-00677 as introduced11/21/24 REVISOR KLL/BM |
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