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MN HF5368
Bill
Status
4/15/2024
Primary Sponsor
John Petersburg
Click for details
AI Summary
H.F. No. 5368 - Defense of Dwelling and Person Act of 2024
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Eliminates the common law duty to retreat when using deadly force in self-defense outside the home, allowing individuals to use superior force and meet force with force when their objective is defensive.
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Expands the definition of "dwelling" to include buildings, overnight stopping accommodations, mobile structures, motor vehicles, watercraft, motor homes, tents, and their curtilage, decks, porches, and appurtenances.
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Creates a presumption of reasonable belief in imminent threat of great bodily harm or death when a person unlawfully enters or attempts to enter a dwelling or occupied vehicle by force or stealth, or attempts to remove someone from such locations.
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Grants immunity from criminal prosecution to individuals who use force, including deadly force, in justifiable defense of themselves, their dwelling, or another person, and shifts the burden to the state to prove actions were not justifiable in criminal trials.
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Takes effect August 1, 2024, and applies to all uses of deadly force occurring on or after that date.
Legislative Description
Law on use of force in defense of home and person clarified, Minnesota's self-defense and defense of home laws codified and extended, common law duty to retreat in cases of self-defense outside the home eliminated, boundaries of dwelling expanded for purposes of self-defense, and other self defense provisions modified.
Last Action
Introduction and first reading, referred to Public Safety Finance and Policy
4/15/2024