1.1Senator Champion moved to amend
S.F. No. 104 as follows:
1.2Page 1, before line 6, insert:
1.3 "Section 1. Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision
1.4to read:
1.5 Subd. 1a. Legislative intent. The legislature hereby finds and declares the following:
1.6(1) that the authority to use deadly force, conferred on peace officers by this section,
is
1.7a critical responsibility that shall be exercised judiciously and with respect for
human rights
1.8and dignity and for the sanctity of every human life. The legislature further finds
and declares
1.9that every person has a right to be free from excessive use of force by officers acting
under
1.10color of law;
1.11(2) as set forth below, it is the intent of the legislature that peace officers use
deadly
1.12force only when necessary in defense of human life. In determining whether deadly
force
1.13is necessary, officers shall evaluate each situation in light of the particular circumstances
1.14of each case and shall use other available resources and techniques if reasonably
safe and
1.15feasible to an objectively reasonable officer;
1.16(3) that the decision by a peace officer to use deadly force shall be evaluated from
the
1.17perspective of a reasonable officer in the same situation, based on the totality of
the
1.18circumstances known to or perceived by the officer at the time, rather than with the
benefit
1.19of hindsight, and that the totality of the circumstances shall account for occasions
when
1.20officers may be forced to make quick judgments about using deadly force; and
1.21(4) that peace officers should exercise special care when interacting with individuals
1.22with physical, mental health, developmental, or intellectual disabilities as an individual's
1.23disability may affect the individual's ability to understand or comply with commands
from
1.24peace officers.
1.25 Sec. 2. Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:
1.26 Subd. 2.
Use of deadly force. (a) Notwithstanding the provisions of section
609.06 or
1.27609.065, the use of deadly force by a peace officer in the line of duty is justified only
when
1.28the officer reasonably believes, based on the totality of the circumstances, that
such force
1.29is necessary:
1.30(1) to protect the peace officer or another from
apparent imminent death or great bodily
1.31harm;
or
2.1(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
2.2officer knows or has reasonable grounds to believe has committed or attempted to commit
2.3a felony
involving the use or threatened use of deadly force; or and the officer reasonably
2.4believes that the person will cause death or great bodily harm to another person unless
2.5immediately apprehended.
2.6(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer
2.7knows or has reasonable grounds to believe has committed or attempted to commit a
felony
2.8if the officer reasonably believes that the person will cause death or great bodily
harm if
2.9the person's apprehension is delayed.
2.10(b) A peace officer shall not use deadly force against a person based on the danger
the
2.11person poses to self if an objectively reasonable officer would believe the person
does not
2.12pose an imminent threat of death or great bodily harm to the peace officer or to another
2.13person.
2.14 Sec. 3. Minnesota Statutes 2018, section 626.8452, subdivision 1, is amended to read:
2.15 Subdivision 1.
Deadly force policy. By January 1, 1992, the head of every local and
2.16state law enforcement agency shall establish and enforce a written policy governing
the use
2.17of force, including deadly force, as defined in section
609.066, by peace officers and part-time
2.18peace officers employed by the agency. The policy must be consistent with the provisions
2.19of section 609.066,
subdivision subdivisions 1a and 2, and may not prohibit the use of deadly
2.20force under circumstances in which that force is justified under section
609.066, subdivision
2.212."
2.22Renumber the sections in sequence and correct the internal references
2.23Amend the title accordingly
2.24The motion prevailed. #did not prevail. So the amendment was #not adopted.