Subdivision 1. Deadly force policy. By January 1, 1992, the head of every local and state law enforcement agency shall establish and enforce a written policy governing the use of force, including deadly force, as defined in section 609.066, by peace officers and part-time peace officers employed by the agency. The policy must be consistent with the provisions of section 609.066, subdivision 2, and may not prohibit the use of deadly force under circumstances in which that force is justified under section 609.066, subdivision 2.
Subd. 1a. Updated policy required. (a) By September 1, 2020, the board, in consultation with interested parties, shall adopt an updated comprehensive written model policy on the use of force, including deadly force, by peace officers, and distribute this policy to the chief law enforcement officer of every law enforcement agency in the state. The model policy must recognize and respect the sanctity and value of all human life and the need to treat everyone with dignity and without prejudice. At a minimum, the policy must include:
(1) a duty for peace officers to intercede when present and observing another peace officer using force that is clearly beyond what is objectively reasonable under the law and the particular circumstances of the case, and in a position to do so;
(2) a duty for peace officers to report any illegal use of force by another peace officer to the officer's chief law enforcement officer; and
(3) a duty for peace officers to only use deadly force including techniques that are restricted by section 609.06, subdivision 3, as authorized in section 609.066. However, even in those circumstances, the policy must require that less lethal measures be considered first by the officer.
(b) The board shall incorporate all applicable standards in sections 609.06, subdivision 3, and 609.066, even if a standard has a delayed effective date. The revised model policy shall clearly identify the effective date of provisions with an effective date beyond September 1, 2020.
(c) By December 15, 2020, the chief law enforcement officer of every state and local law enforcement agency must update the policy required under subdivision 1 so that it is identical or substantially similar to the model policy developed by the board under this subdivision. The board must assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing policies under this subdivision.
Subd. 2. Deadly force and firearms use; initial instruction. Beginning January 1, 1992, the head of every local and state law enforcement agency shall provide instruction on the use of force, deadly force, and the use of firearms to every peace officer and part-time peace officer newly appointed by or beginning employment with the agency. This instruction must occur before the agency head issues a firearm to the officer or otherwise authorizes the officer to carry a firearm in the course of employment. The instruction must be based on the agency's written policy required in subdivision 1 and on the instructional materials required by the board for peace officer and part-time peace officer licensure.
Subd. 3. Deadly force and firearms use; continuing instruction. Beginning January 1, 1992, the head of every local and state law enforcement agency shall provide the instruction described in subdivision 2 to every peace officer and part-time peace officer currently employed by the agency. This instruction must be provided at least once a year.
Subd. 4. Record keeping required. The head of every local and state law enforcement agency shall maintain written records of the agency's compliance with the requirements of subdivisions 1a, 2, and 3.
Subd. 5. Licensing sanctions; injunctive relief. The board has authority to inspect state and local law enforcement agency policies to ensure compliance with this section. The board may conduct this inspection based upon a complaint it receives about a particular agency or through a random selection process. The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section.
1991 c 141 s 2; 2Sp2020 c 1 s 17-19
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting
Section 626.04 — Property; Seizure, Keeping, And Disposal.
Section 626.06 — Jurisdiction To Issue.
Section 626.07 — Grounds For Issuance.
Section 626.08 — Probable Cause.
Section 626.085 — Search Warrant Required For Electronic Communication Information.
Section 626.09 — Examination Of Parties Making Request.
Section 626.10 — Affidavit; Content.
Section 626.11 — Issuance Of Warrant.
Section 626.12 — Applicants; Names On Warrant.
Section 626.13 — Service; Persons Making.
Section 626.14 — Time And Manner Of Service; No-knock Search Warrants.
Section 626.15 — Execution And Return Of Warrant; Time.
Section 626.16 — Delivery Of Copy Of Warrant And Receipt.
Section 626.17 — Return And Inventory.
Section 626.19 — Use Of Unmanned Aerial Vehicles.
Section 626.21 — Return Of Property And Suppression Of Evidence.
Section 626.22 — Maliciously Procuring Search Warrant; Misconduct In Use.
Section 626.52 — Suspicious Wounds; Reporting By Health Professionals.
Section 626.53 — Report By Telephone And Letter.
Section 626.54 — Application Of Sections 626.52 To 626.55.
Section 626.553 — Gunshot Wounds; Peace Officers, Discharging Firearms; Investigations; Reports.
Section 626.5531 — Reporting Of Crimes Motivated By Bias.
Section 626.5532 — Pursuit Of Fleeing Suspects By Peace Officers.
Section 626.5533 — Reporting Potential Welfare Fraud.
Section 626.5534 — Use Of Force Reporting.
Section 626.557 — Reporting Of Maltreatment Of Vulnerable Adults.
Section 626.5571 — Multidisciplinary Adult Protection Team.
Section 626.5572 — Definitions.
Section 626.5573 — Negligence Actions.
Section 626.65 — Uniform Act On Fresh Pursuit; Reciprocal.
Section 626.66 — Arrest; Hearing.
Section 626.67 — Construction Of Section 626.65.
Section 626.68 — State Includes District Of Columbia.
Section 626.69 — Fresh Pursuit.
Section 626.70 — Citation; Uniform Act On Fresh Pursuit.
Section 626.71 — Fresh Pursuit In Nonfelony Situations.
Section 626.72 — Peace Officers; Transportation For Law Enforcement Purposes.
Section 626.76 — Rules And Regulations; Aiding Other Officers; Exchange Programs.
Section 626.77 — Peace Officers From Adjoining States; Federal Law Enforcement Officers.
Section 626.84 — Definitions And Scope.
Section 626.841 — Board; Members.
Section 626.842 — Terms; Meetings; Compensation; Removal; Vacancies.
Section 626.843 — Rules, Standards; Executive Director.
Section 626.8431 — Automatic License Revocation.
Section 626.8432 — Revocation; Suspension; Denial.
Section 626.8433 — Eyewitness Identification Policies Required.
Section 626.8434 — Warrior-style Training Prohibited.
Section 626.8435 — Ensuring Police Excellence And Improving Community Relations Advisory Council.
Section 626.8442 — Policies On Sexual Assaults.
Section 626.845 — Powers And Duties.
Section 626.8451 — Training In Identifying And Responding To Certain Crimes.
Section 626.8452 — Deadly Force And Firearms Use; Policies And Instruction Required.
Section 626.8455 — Training In Community Policing.
Section 626.8456 — Training In Fire Scene Response And Arson Awareness.
Section 626.8457 — Professional Conduct Of Peace Officers.
Section 626.8458 — Vehicle Pursuits; Policies And Instruction Required.
Section 626.8459 — Post Board; Compliance Reviews Required.
Section 626.846 — Attendance, Forfeiture Of Position.
Section 626.8461 — Part-time Peace Officers; Policy.
Section 626.8463 — Part-time Peace Officers.
Section 626.8465 — Part-time Officers; Limitations.
Section 626.8466 — Reserve Officers.
Section 626.8468 — Part-time Peace Officers; Continued Employment.
Section 626.8469 — Training In Crisis Response, Conflict Management, And Cultural Diversity.
Section 626.847 — Compulsory Program; Exemptions.
Section 626.8471 — Avoiding Racial Profiling; Policies And Learning Objectives Required.
Section 626.8472 — Automated License Plate Reader Policy.
Section 626.8473 — Portable Recording Systems Adoption; Written Policy Required.
Section 626.8474 — Autism Training.
Section 626.8475 — Duty To Intercede And Report.
Section 626.8476 — Confidential Informants; Required Policy And Training.
Section 626.8477 — Mental Health And Health Records; Written Policy Required.
Section 626.848 — Training Courses, Locations.
Section 626.85 — Instructors; Donations.
Section 626.851 — Eligibility Of Officers.
Section 626.8515 — Certain Baccalaureate Degree Holders Eligible To Take Licensing Examination.
Section 626.8517 — Eligibility For Reciprocity Examination Based On Relevant Military Experience.
Section 626.852 — Tuition; Salary And Expenses.
Section 626.8555 — Peace Officer Education Programs.
Section 626.856 — School Of Law Enforcement.
Section 626.862 — Powers Of Law Enforcement Officers.
Section 626.863 — Unauthorized Practice.
Section 626.87 — Law Enforcement Background Investigations.
Section 626.88 — Uniforms; Peace Officers, Security Guards; Color.
Section 626.89 — Peace Officer Discipline Procedures Act.
Section 626.891 — Cooperation With Postsecondary Institutions.
Section 626.892 — Peace Officer Grievance Arbitration Selection Procedure.
Section 626.90 — Law Enforcement Authority; Mille Lacs Band Of Chippewa.
Section 626.91 — Law Enforcement Authority; Lower Sioux Indian Community Peace Officers.
Section 626.92 — Enforcement Authority; Fond Du Lac Band Of Lake Superior Chippewa.
Section 626.93 — Law Enforcement Authority; Tribal Peace Officers.
Section 626.94 — Conservation Law Enforcement Authority.
Section 626.9514 — Toll-free Telephone Number.
Section 626.9517 — Grant Program For Installation Of Video Cameras In Police Vehicles.