SF1196

Purpose

• Clarify how force can be used in self-defense, remove the common-law duty to retreat outside the home, expand what counts as a lawful dwelling for self-defense, and create a presumption that self-defense is allowed in certain situations. The bill would amend Minnesota law to codify these concepts and broaden the situations in which force may be used.

Main Provisions

• Codifies when reasonable force may be used against another person, based on circumstances the actor believes exist.
• Applies to both public officers and private individuals, with specific allowances in various scenarios.
• Amends Minnesota Statutes 2024 sections 609.06 subdivision 1 and 609.065 to implement these changes.

Specific Provisions on Use of Force (typical scenarios)

• In effecting a lawful arrest, executing legal process, enforcing a court order, or performing other duties imposed by law by a public officer or someone assisting a public officer.
• By a private person in arresting another or delivering the person to an officer.
• By any person in resisting or aiding another to resist an offense against the person.
• By a person in lawful possession of real or personal property or by someone helping them to resist trespass or unlawful interference with the property.
• To prevent the escape or retake someone lawfully held on a charge or conviction.
• By a parent, guardian, or other lawful custodian to restrain or correct a child.
• By a teacher, school principal, school employee, school bus driver, or other school district agent to restrain a child or pupil to prevent bodily harm or death.
• By a common carrier to expel a passenger who refuses to obey a lawful conduct rule, with reasonable care for passenger safety.
• To restrain a person with a mental illness or developmental disability from self-injury or harming others, or to compel compliance with reasonable control, conduct, or treatment requirements.
• By a public or private institution providing custody or treatment against a person lawfully committed to it to compel compliance with reasonable control, conduct, or treatment requirements.

Changes to Law

• Elimination of the common-law duty to retreat when facing a threat outside the home.
• Expansion of the boundaries of what counts as a “dwelling” for self-defense purposes.
• Creation of a presumption of the right to self-defense in qualifying situations.
• Codification of many additional circumstances under which reasonable force may be used, including roles and responsibilities of public officers, teachers and school personnel, custodians, guardians, common carriers, and care institutions.

Potential Effects and Considerations

• Broadens who may lawfully use force and in what contexts, potentially affecting how self-defense cases are evaluated.
• Increases scenarios where force may be used to restrain or control others (e.g., students, guardians, care providers), which could raise questions about safety, training, and accountability.
• Signals a shift toward a more preventive and proactive approach to self-defense across a wide range of settings.

Relevant Terms - reasonable force - self-defense - duty to retreat - dwelling - presumption of right to self-defense - public officer - reasonable belief - arrest - lawful possession - trespass - restrain - prevent escape - retake - custodian - parent - guardian - teacher - school employee - common carrier - mental illness - developmental disability - custody or treatment