Minnesota lawmakers consider change to deadly use-of-force law
Minnesota lawmakers are debating a change to the language laid out in the state statute governing the use of deadly force by a law enforcement officer.
Currently, the law reads, in part, “…that such force is necessary (1) to protect the peace officer, or another, from death or great bodily harm.”
A proposed bill would add one word, “apparent,” to that statute so it would then read like this: “…that such force is necessary (1) to protect the peace officer, or another, from apparent death or great bodily harm.”
Minnesota Police and Peace Officers Association general counsel Imran Ali told a House Committee last week the current language does not take into account split-second decisions.
“In other words, law enforcement had to be practically certain of death or great bodily harm before using deadly force,” said Ali.
Rep. Dave Pinto (DFL-St. Paul) expressed concern that the one-word addition could change the legal standard in the minds of judges across the state.
“If it’s not to change the standard at all, I guess I get concerned that when we add words, you know, that courts are going to believe that, in fact, we intended to make some sort of change because that’s why the legislature does things,” said Pinto. “And I think that makes me quite nervous.”
The bill was laid over for further action later in the legislative session.