as introduced - 94th Legislature (2025 - 2026) Posted on 03/06/2025 04:39pm
A bill for an act
relating to public safety; eliminating the duty to retreat before using reasonable
force in defense of self or others; amending Minnesota Statutes 2024, section
609.06, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 609.06, subdivision 1, is amended to read:
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to 4, reasonable force may be used upon or toward the person of another without the other's
consent when the following circumstances exist or the actor reasonably believes them to
exist:
(1) when used by a public officer or one assisting a public officer under the public
officer's direction:
(i) in effecting a lawful arrest; or
(ii) in the execution of legal process; or
(iii) in enforcing an order of the court; or
(iv) in executing any other duty imposed upon the public officer by law; or
(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or
(3) when used by any person in resisting or aiding another to resist an offense against
the person; or
(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or
(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or
(6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise
of lawful authority, to restrain or correct such child; or
(7) when used by a teacher, school principal, school employee, school bus driver, or
other agent of a district in the exercise of lawful authority, to restrain a child or pupil to
prevent bodily harm or death to the child, pupil, or another; or
(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or
(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or
(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.
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(b) An actor may use reasonable force under the circumstances described in paragraph
(a), clause (3), regardless of whether a reasonable possibility of retreat to avoid the danger
exists.
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This section is effective August 1, 2025, and applies to acts
committed on or after that date.
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