HF3744

1. Purpose

2. This bill aims to stop the use of pepper spray and other similar chemical agents by law enforcement, and to ban the use of certain weapons (chemical weapons and kinetic energy munitions) on civilians. It also creates a process for police agencies to adopt new policies that reflect this prohibition.

3. Main Provisions

4.1 Prohibited use and supplies - No person may knowingly use tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices on a peace officer performing duties. - No person may use tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices except as allowed in other parts of the bill. - Tear gas used in crime is treated as a weapon. - Tear gas or tear gas compounds cannot be used in an immobilizing concentration on another person unless allowed by other parts of the bill. - Peace officers are not allowed to use tear gas in the line of duty. - Law enforcement agencies may not supply tear gas to peace officers or authorize their use.

4.2 Exceptions and possession - It remains allowed for a law enforcement agency, peace officer, National Guard, or National Guard reserves to possess or use tear gas or electronic incapacitation devices for official duties, but counties and cities may require licenses to sell these items (per subdivision 9). - Possession, sale, or furnishing of an electronic incapacitation device to law enforcement agencies or officers for official duties is allowed, with licensing rules possible at the local level.

4.3 Definitions and prohibitions on chemical weapons and kinetic energy munitions - The bill defines chemical weapons as toxic chemicals and their precursors, and devices designed to cause death or harm through toxic effects, plus equipment used with those devices. - A toxic chemical is any chemical that can cause death, temporary incapacity, or permanent harm to humans or animals. - Kinetic energy munitions include things like impact rounds such as rubber, baton, plastic, wax, wood, or rubber-coated projectiles. - Law enforcement agencies and peace officers are prohibited from using chemical weapons or kinetic energy munitions on civilian populations.

4.4 Policy requirements and timelines - By November 15, 2026, the board must create a model policy banning chemical weapons and kinetic energy munitions and share it with all chief law enforcement officers. - By January 15, 2027, the chief law enforcement officer of every state and local agency must establish a written policy that is identical or substantially similar to the board’s model policy.

1. Significance and expected impact
2. The bill codifies a broad ban on certain crowd-control tools and places limits on who can possess or supply them.
3. It shifts police policy toward standardized, board-approved guidelines and requires local agencies to adopt similar rules within a set timeframe.
4. It strengthens protections for civilians by limiting the use of chemical weapons and certain projectiles in policing.

Relevant Terms tear gas tear gas compound authorized tear gas compound electronic incapacitation device peace officer law enforcement agency chemical weapons toxic chemical kinetic energy munitions impact rounds rubber baton rounds model policy National Guard reserves licensing subdivision 9 Minnesota Statutes 2024 624.731 Minnesota Statutes 2024 626.8438 civilian populations policy implementation timelines