1.1.................... moves to amend S. F. No. 970, the third engrossment, as amended, as
1.2follows:
1.3Page 310, after line 12, insert:
1.4 "Sec. 25. Minnesota Statutes 2020, section 609.065, is amended to read:
1.5609.065 JUSTIFIABLE TAKING OF LIFE USE OF DEADLY FORCE IN
1.6DEFENSE OF HOME AND PERSON.
1.7 Subdivision 1. Definitions. The intentional taking of the life of another is not authorized
1.8by section
609.06, except when necessary in resisting or preventing an offense which the
1.9actor reasonably believes exposes the actor or another to great bodily harm or death,
or
1.10preventing the commission of a felony in the actor's place of abode (a) For purposes of this
1.11section, the terms in this subdivision have the meanings given them.
1.12(b) "Court order" means an order for protection issued under section 518B.01, a
1.13restraining order issued under section 609.748, a no contact order issued under section
1.14629.75, or a substantively similar order issued by any court in this state, another
state, the
1.15United States, or any subordinate jurisdiction of the United States.
1.16(c) "Deadly force" means force used by an individual with the purpose of causing,
or
1.17which the individual should reasonably know creates a substantial risk of causing,
great
1.18bodily harm or death. The intentional discharge of a firearm by an individual at another
1.19person, or at a vehicle in which another person is believed to be, constitutes deadly
force.
1.20A threat to cause great bodily harm or death, by the production of a weapon or otherwise,
1.21constitutes reasonable force and not deadly force, when the individual's objective
is limited
1.22to creating an expectation that the individual will use deadly force only if authorized
by
1.23law.
2.1(d) "Dwelling" means a building defined under section 609.556, subdivision 3, an
2.2overnight stopping accommodation of any kind, or a place of abode, that an individual
2.3temporarily or permanently is occupying or intending to occupy as a habitation or
home.
2.4A dwelling includes but is not limited to a building or conveyance and that building's
or
2.5conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or
other
2.6structure, whether the building or conveyance is used temporarily or permanently for
these
2.7purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent,
or the
2.8equivalent.
2.9(e) "Forcible felony" means any crime punishable by imprisonment exceeding one year
2.10the elements of which include the use or threatened use of physical force or a deadly
weapon
2.11against the person of another, including but not limited to: murder in the first degree
under
2.12section 609.185; murder in the second degree under section 609.19; manslaughter in
the
2.13first degree under section 609.20; assault in the first degree under section 609.221;
assault
2.14in the second degree under section 609.222; assault in the third degree under section
609.223;
2.15criminal sexual conduct in the first degree under section 609.342; criminal sexual
conduct
2.16in the second degree under section 609.343; arson in the first degree under section
609.561;
2.17burglary in the first, second, and third degrees under section 609.582; robbery under
sections
2.18609.24 and 609.245; and kidnapping under section 609.25.
2.19(f) "Good faith" includes honesty in fact in the conduct of the act concerned.
2.20(g) "Great bodily harm" has the meaning given in section 609.02, subdivision 8.
2.21(h) "Imminent" means the actor infers from all the facts and circumstances that the
course
2.22of conduct has commenced.
2.23(i) "Substantial bodily harm" has the meaning given in section 609.02, subdivision
7a.
2.24(j) "Vehicle" means a conveyance of any type.
2.25 Subd. 2. Circumstances when authorized. (a) The use of deadly force by an individual
2.26is justified under this section when the act is undertaken:
2.27(1) to resist or prevent the commission of a felony in the individual's dwelling;
2.28(2) to resist or prevent what the individual reasonably believes is an offense or
attempted
2.29offense that imminently exposes the individual or another person to substantial bodily
harm,
2.30great bodily harm, or death; or
2.31(3) to resist or prevent what the individual reasonably believes is the commission
or
2.32imminent commission of a forcible felony.
3.1(b) The use of deadly force is not authorized under this section if the individual
knows
3.2that the person against whom force is being used is a licensed peace officer from
this state,
3.3another state, the United States, or any subordinate jurisdiction of the United States,
who
3.4is acting lawfully.
3.5 Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant to
3.6subdivision 2 may use all force and means, including deadly force, that the individual
in
3.7good faith believes is required to succeed in defense. The individual may meet force
with
3.8superior force when the individual's objective is defensive; the individual is not
required to
3.9retreat; and the individual may continue defensive actions against an assailant until
the
3.10danger has ended.
3.11 Subd. 4. Presumptions. (a) An individual using deadly force is presumed to possess a
3.12reasonable belief that there exists an imminent threat of substantial bodily harm,
great bodily
3.13harm, or death to the individual or another person, if the individual knows or has
reason to
3.14know that:
3.15(1) the person against whom the defensive action is being taken is unlawfully entering
3.16or attempting to enter by force or by stealth, or has unlawfully entered by force
or by stealth
3.17and remains within, the dwelling or occupied vehicle of the individual; or
3.18(2) the person against whom the defensive action is being taken is in the process
of
3.19removing, or attempting to remove, the individual or another person from the dwelling
or
3.20occupied vehicle of the individual.
3.21(b) An individual is not entitled to the benefit of the presumption in paragraph (a)
if the
3.22individual knows that the person against whom the defensive action is being taken:
3.23(1) is a lawful resident of the dwelling or a lawful possessor of the vehicle, or
is otherwise
3.24lawfully permitted to enter the dwelling or vehicle; or
3.25(2) is a person who has lawful custody of the person being removed from the dwelling
3.26or vehicle or whose removal from the dwelling or vehicle is being attempted. A person
who
3.27is prohibited by a court order from contacting another individual or from entering
a dwelling
3.28or possessing a vehicle of another individual is not a lawful resident of that individual's
3.29dwelling and is not a lawful possessor of that individual's vehicle.
3.30(c) An individual using defensive force is not entitled to the benefit of the presumption
3.31in paragraph (a) if the individual is presently engaged in a crime or attempting to
escape
3.32from the scene of a crime, or is presently using the dwelling or occupied vehicle
in
3.33furtherance of a crime.
4.1(d) An individual is not entitled to the benefit of the presumption in paragraph (a)
if the
4.2individual knows or has reason to know that the person against whom the defensive
action
4.3is being taken is a licensed peace officer from this state, another state, the United
States, or
4.4any subordinate jurisdiction of the United States, who is acting lawfully.
4.5 Subd. 5. Criminal investigation; immunity from prosecution. (a) An individual who
4.6uses force, including deadly force, according to this section or as otherwise provided
by
4.7law in defense of the individual, the individual's dwelling, or another individual
is justified
4.8in using such force and is immune from any criminal prosecution for that act.
4.9(b) A law enforcement agency may arrest an individual using force under circumstances
4.10described in this section only after considering any claims or circumstances supporting
4.11self-defense or lawful defense of another individual.
4.12 Subd. 6. Justifiable use of force; burden of proof. In a criminal trial, when there is
4.13any evidence of justifiable use of force under this section or section 609.06, the
state has
4.14the burden of proving beyond a reasonable doubt that the defendant's actions were
not
4.15justifiable.
4.16 Subd. 7. Short title. This section may be cited as the "Defense of Dwelling and Person
4.17Act of 2021."
4.18EFFECTIVE DATE.This section is effective August 1, 2021, and applies to uses of
4.19deadly force occurring on or after that date."
4.20Renumber the sections in sequence and correct the internal references
4.21Amend the title accordingly