Text of MN SF 1964 (2024)

1.1 A bill for an act​ 1.2 relating to public safety; limiting criminal defenses and authorization for the use​ 1.3 of force relating to a victim's sexual orientation or identity; amending Minnesota​ 1.4 Statutes 2022, sections 609.06, subdivision 1, by adding a subdivision; 609.075;​ 1.5 609.20.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2022, section 609.06, subdivision 1, is amended to read:​ 1.8 Subdivision 1. When authorized. Except as otherwise provided in subdivisions 2 and​ 1.9 3 to 4, reasonable force may be used upon or toward the person of another without the​ 1.10 other's consent when the following circumstances exist or the actor reasonably believes​ 1.11 them to exist:​ 1.12 (1) when used by a public officer or one assisting a public officer under the public​ 1.13 officer's direction:​ 1.14 (i) in effecting a lawful arrest; or​ 1.15 (ii) in the execution of legal process; or​ 1.16 (iii) in enforcing an order of the court; or​ 1.17 (iv) in executing any other duty imposed upon the public officer by law; or​ 1.18 (2) when used by a person not a public officer in arresting another in the cases and in​ 1.19 the manner provided by law and delivering the other to an officer competent to receive the​ 1.20 other into custody; or​ 1.21 (3) when used by any person in resisting or aiding another to resist an offense against​ 1.22 the person; or​ 1​ Section 1.​ 23-03829 as introduced​ 02/15/23 REVISOR KLL/AK​ SENATE​ STATE OF MINNESOTA​ S.F. No. 1964​ NINETY-THIRD SESSION​ (SENATE AUTHORS: DIBBLE, Oumou Verbeten, Latz and Carlson)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 02/20/2023​ Referred to Judiciary and Public Safety​ 2.1 (4) when used by any person in lawful possession of real or personal property, or by​ 2.2 another assisting the person in lawful possession, in resisting a trespass upon or other​ 2.3 unlawful interference with such property; or​ 2.4 (5) when used by any person to prevent the escape, or to retake following the escape,​ 2.5 of a person lawfully held on a charge or conviction of a crime; or​ 2.6 (6) when used by a parent, guardian, teacher, or other lawful custodian of a child or​ 2.7 pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or​ 2.8 (7) when used by a school employee or school bus driver, in the exercise of lawful​ 2.9 authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or​ 2.10 (8) when used by a common carrier in expelling a passenger who refuses to obey a lawful​ 2.11 requirement for the conduct of passengers and reasonable care is exercised with regard to​ 2.12 the passenger's personal safety; or​ 2.13 (9) when used to restrain a person with a mental illness or a person with a developmental​ 2.14 disability from self-injury or injury to another or when used by one with authority to do so​ 2.15 to compel compliance with reasonable requirements for the person's control, conduct, or​ 2.16 treatment; or​ 2.17 (10) when used by a public or private institution providing custody or treatment against​ 2.18 one lawfully committed to it to compel compliance with reasonable requirements for the​ 2.19 control, conduct, or treatment of the committed person.​ 2.20 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 2.21 committed on or after that date.​ 2.22 Sec. 2. Minnesota Statutes 2022, section 609.06, is amended by adding a subdivision to​ 2.23 read:​ 2.24 Subd. 4. Use of force not authorized; reaction to victim's sexual orientation. Force​ 2.25 may not be used against another based on the discovery of, knowledge about, or potential​ 2.26 disclosure of the victim's actual or perceived sexual orientation, including gender identity​ 2.27 and expression, including under circumstances in which the victim made an unwanted​ 2.28 nonforcible romantic or sexual advance towards the actor, or if the actor and victim dated​ 2.29 or had a romantic or sexual relationship.​ 2.30 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 2.31 committed on or after that date.​ 2​ Sec. 2.​ 23-03829 as introduced​ 02/15/23 REVISOR KLL/AK​ 3.1 Sec. 3. Minnesota Statutes 2022, section 609.075, is amended to read:​ 3.2 609.075 DEFENSES; INTOXICATION AS DEFENSE, REACTION TO VICTIM'S​ 3.3 SEXUAL ORIENTATION.​ 3.4 Subdivision 1. Intoxication as defense. An act committed while in a state of voluntary​ 3.5 intoxication is not less criminal by reason thereof, but when a particular intent or other state​ 3.6 of mind is a necessary element to constitute a particular crime, the fact of intoxication may​ 3.7 be taken into consideration in determining such intent or state of mind.​ 3.8 Subd. 2. Reaction to victim's sexual orientation. It is not a defense to a crime that the​ 3.9 defendant acted based on the discovery of, knowledge about, or potential disclosure of the​ 3.10 victim's actual or perceived sexual orientation, including gender identity and expression,​ 3.11 including under circumstances in which the victim made an unwanted nonforcible romantic​ 3.12 or sexual advance towards the defendant, or if the defendant and victim dated or had a​ 3.13 romantic or sexual relationship.​ 3.14 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 3.15 committed on or after that date.​ 3.16 Sec. 4. Minnesota Statutes 2022, section 609.20, is amended to read:​ 3.17 609.20 MANSLAUGHTER IN THE FIRST DEGREE.​ 3.18 Whoever does any of the following is guilty of manslaughter in the first degree and may​ 3.19 be sentenced to imprisonment for not more than 15 years or to payment of a fine of not​ 3.20 more than $30,000, or both:​ 3.21 (1) intentionally causes the death of another person in the heat of passion provoked by​ 3.22 such words or acts of another as would provoke a person of ordinary self-control under like​ 3.23 circumstances, provided that:​ 3.24 (i) the crying of a child; or​ 3.25 (ii) the discovery of, knowledge about, or potential disclosure of the victim's actual or​ 3.26 perceived sexual orientation, including gender identity and expression, including under​ 3.27 circumstances in which the victim made an unwanted nonforcible romantic or sexual advance​ 3.28 towards the actor, or if the actor and victim dated or had a romantic or sexual relationship;​ 3.29 does not constitute provocation;​ 3.30 (2) violates section 609.224 and causes the death of another or causes the death of another​ 3.31 in committing or attempting to commit a misdemeanor or gross misdemeanor offense with​ 3​ Sec. 4.​ 23-03829 as introduced​ 02/15/23 REVISOR KLL/AK​ 4.1 such force and violence that death of or great bodily harm to any person was reasonably​ 4.2 foreseeable, and murder in the first or second degree was not committed thereby;​ 4.3 (3) intentionally causes the death of another person because the actor is coerced by​ 4.4 threats made by someone other than the actor's coconspirator and which cause the actor​ 4.5 reasonably to believe that the act performed by the actor is the only means of preventing​ 4.6 imminent death to the actor or another;​ 4.7 (4) proximately causes the death of another, without intent to cause death by, directly​ 4.8 or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing,​ 4.9 or administering a controlled substance classified in Schedule III, IV, or V; or​ 4.10 (5) causes the death of another in committing or attempting to commit a violation of​ 4.11 section 609.377 (malicious punishment of a child), and murder in the first, second, or third​ 4.12 degree is not committed thereby.​ 4.13 As used in this section, a "person of ordinary self-control" does not include a person​ 4.14 under the influence of intoxicants or a controlled substance.​ 4.15 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 4.16 committed on or after that date.​ 4​ Sec. 4.​ 23-03829 as introduced​ 02/15/23 REVISOR KLL/AK​