lip balms.39 Other changes to this statute essentially
<br />mirror those made to section 609.685.40
<br />A person under 21 does not violate the prohibitions
<br />against using false ID when attempting to purchase
<br />tobacco or related products, or tobacco delivery
<br />products, "under the direct supervision of a
<br />responsible adult for training, education, research or
<br />enforcement purposes."a'
<br />Expiration of driver's licenses, ID cards, and
<br />disability parking permits:
<br />The Legislature has extended the expiration date for
<br />valid state ID cards and drivers' licenses, including
<br />but not limited to instructional permits and
<br />provisional licenses, until the last day of the second
<br />month after the current COVID peacetime
<br />emergency is terminated.42 This extension also
<br />applies to noncommercial licenses from another
<br />state or jurisdiction held by persons who have
<br />relocated to Minnesota,43 and to the expiration of
<br />disability parking permits and certificates.'
<br />USE OF FORCE
<br />Force investi atg ions: A new statute, section
<br />299C.80, establishes an independent force
<br />investigations unit within the Bureau of Criminal
<br />Apprehension to conduct officer -involved death
<br />investigations."
<br />Authorized use of force: Section 609.06 is
<br />amended, effective July 24, to restrict the use of
<br />certain methods of restraint.46 Restricted methods
<br />are the use of choke holds, securing a person's
<br />limbs together behind the back (i.e., "hog-tying"),
<br />and securing people such that they are transported
<br />face -down in a vehicle .41 "Choke hold" is defined
<br />as the application of pressure to a person—not just
<br />to a person's neck—to make it impossible or more
<br />39 See Minn. Stat. § 609.6855, subd. 1(a) (specifying
<br />that the statute does not cover products within the scope
<br />of section 609.685); see also Michael Freiberg, Options
<br />for State and Local Governments to Regulate Non -
<br />Cigarette Tobacco Products, 21 Annals Health L. 407,
<br />434 (2012) (describing section 609.6855 as covering
<br />such products as nicotine balms and nicotine lollipops).
<br />40 2020 Minn. Laws Ch. 88, sec. 12.
<br />41 Minn. Stat. §§ 609.685, subd. 15(b), 609.6855, subd.
<br />2.
<br />42 2020 Minn. Laws Ch. 71, Art. 2, sec. 15, subds. 1, 2.
<br />difficult to breathe.48 Carotid neck restraint is
<br />explicitly included within the definition of "choke
<br />hold. ,4' These methods may only be used when
<br />an officer is authorized to use deadly force under
<br />section 609.066 to protect the officer or another
<br />from death or great bodily harm.so
<br />Deadly force: Section 609.066, the deadly force
<br />statute, is amended effective March 1, 2021.51
<br />PATROL intends to provide in-depth training
<br />regarding these new standards prior to the
<br />effective date. In short:
<br />The Legislature added a preamble of
<br />declarations (subdivision 1 a) to section
<br />609.066, stating that the authority to use
<br />deadly force must be "exercised judiciously
<br />and with respect for human rights and dignity
<br />and for the sanctity of every human life"; that
<br />it intends for officers to use deadly force
<br />"only when necessary in defense of human
<br />life or to prevent great bodily harm"; that
<br />officers should exercise special care when
<br />dealing with individuals known to have
<br />disabilities that could affect their ability to
<br />understand and comply with commands; and
<br />that the evaluation of officer actions must be
<br />made from the perspective of a reasonable
<br />officer on the scene, rather than on
<br />hindsight.sz
<br />• Officers may use deadly force when
<br />necessary to protect themselves or another
<br />from death or great bodily harm, but the
<br />threat is to be evaluated based on the
<br />following three criteria ("threat criteria"): the
<br />threat must be one that the officer can
<br />articulate with specificity; it must be
<br />reasonably likely to materialize unless the
<br />officer acts; and the threat is one that "must
<br />43 Id. Ch. 71, Art. 2, sec. 15, subd. 3.
<br />44 Id. Ch. 71, Art. 2, sec. 15, subd. 4.
<br />45 2020 Minn. Laws 2nd Special Session, Ch. 1, sec. 5.
<br />46 Id. Ch. 1, secs. 7-8.
<br />47 Minn. Stat. § 609.06, subd. 3(a)(1)-(3).
<br />48 Id. § 609.06, subd. 3(b).
<br />49 Id.
<br />51 Id. § 609.06, subd. 3(a).
<br />51 2020 Minn. Laws 2nd Special Session, Ch. 1, secs.
<br />9, 10.
<br />52 Minn. Stat. § 609.066, subd. la.
<br />Page 5
<br />
|