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611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR
INJURIES SUSTAINED DURING CRIMINAL CONDUCT.
Subdivision 1. Definitions. As used in this section:
(1) "perpetrator" means a person who has engaged in criminal conduct and includes a person
convicted of a crime;
(2) "victim" means a person who was the object of another's criminal conduct and includes a
person at the scene of an emergency who gives reasonable assistance to another person who is
exposed to or has suffered grave physical harm;
(3) "course of criminal conduct" includes the acts or omissions of a victim in resisting
criminal conduct; and
(4) "convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed
or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a
judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile
delinquency petition, or a disposition as an extended jurisdiction juvenile.
Subd. 2. Perpetrator's assumption of the risk. A perpetrator assumes the risk of loss,
injury, or death resulting from or arising out of a course of criminal conduct involving a violent
crime, as defined in this section, engaged in by the perpetrator or an accomplice, as defined in
section 609.05, and the crime victim is immune from and not liable for any civil damages as a
result of acts or omissions of the victim if the victim used reasonable force as authorized in
section 609.06 or 609.065.
Subd. 3. Evidence. Notwithstanding other evidence which the victim may adduce relating
to the perpetrator's conviction of the violent crime involving the parties to the civil action, a
certified copy of: a guilty plea; a court judgment of guilt; a court record of conviction as specified
in section 599.24, 599.25, or 609.041; an adjudication as a delinquent child; or a disposition
as an extended jurisdiction juvenile pursuant to section 260B.130 is conclusive proof of the
perpetrator's assumption of the risk.
Subd. 4. Attorney's fees to victim. If the perpetrator does not prevail in a civil action that
is subject to this section, the court may award reasonable expenses, including attorney's fees
and disbursements, to the victim.

Author:	dsp [ Fri Feb 15, 2008 5:50 pm ]
Post subject:	Received from CSM today
Posted verbatim: I apologize in advance for those who have gotten this message more than once, but please take action if you have not already! Sue Fust IMPORTANT!!! PLEASE TAKE ACTION NOW AND SPREAD THE WORD ABOUT..... A BILL (HF498/SF446) THAT WOULD ALLOW PEOPLE TO KILL TRESPASSERS OUTSIDE THEIR HOMES AND TO SHOOT ANYONE IN A PUBLIC PLACE WHO MAKES THEM FEEL 'REASONABLY THREATENED' - EVEN IF A SAFE ESCAPE IS EASILY AVAILABLE. WE CALL THIS BILL 'SHOOT FIRST - ASK QUESTIONS NEVER.' SHOOT FIRST IS A BAD BILL, IT IS NOT SELF-DEFENSE, AND WE DO NOT WANT IT TO PASS. Please contact your legislator now by clicking here. Then forward this message to a friend. (or cut and paste the following url http://salsa.democracyinaction.org/o/22 ... _KEY=22756 ) The bill is expected to come up on the House floor and to be heard in the public safety committee as early as next week! It is not clear which way the vote in the committee or on the floor will go. Read more about the bill by going to www.endgunviolence.com (Also see below.) Also PLEASE COME TO THE CAPITOL FROM 9 TO 12 ON THURSDAY, FEB. 28 to lobby against Shoot First and to support background checks for firearm purchases. We will be a part of the "One Voice for the Northside" event, with the North Side Lobbying Coalition, which is speaking out on several issues including gun violence. We will tell legislators that what is good for North Minneapolis is good for the state. Come Lobby Together for Change! RSVP to csm@endgunviolence.com with your name, address and phone number. We will set up an appointment with your legislator that morning. If you can't come that morning, but want to talk to your legislator with our assistance, please let us know and we will work with you to arrange that. Sue Fust Executive Director Citizens for a Safer Minnesota MORE ABOUT THE SHOOT FIRST BILL The "Shoot First - Ask Questions Never" bill would eliminate the long-standing individual duty to walk away from a confrontation in a public place if it is safe to do so. The bill would instead permit the taking of a life as a first option whenever someone feels threatened. The bill would also allow people to sit in the safety of their homes and shoot anyone who comes into the yard. Yet it is being misrepresented as a "self-defense" bill, and because of that, it has a real chance of passing. Why are people supporting the Shoot First bill? Although the Minnesota County Attorneys' Association and the Minnesota Police and Peace Officers' Association oppose the bill, legislators feel pressured to vote for it. There are deceptive action alerts going out from the gun lobby. We've heard people say they think that if someone breaks into their house and is raping their wives or daughters, that there's nothing they can do about it. That is patently false. Calling this bill "Castle Doctrine" or "self-defense" is deceptive. Minnesota already has Castle Doctrine. There is nobody in jail for self-defense. In Texas, where Shoot First has passed, a man named Joe Horn cited the law as he spoke to a 911 dispatcher in December about burglars in a neighbor's yard. Horn was in no danger, but he went outside and shot two men in the back. Hear the 911 tape at http://www.gunguys.com/?p=2706.

Author:	JoeH [ Fri Feb 15, 2008 6:10 pm ]
Post subject:
I'd like to read the bill. How can I do that?

Author:	Pat Cannon [ Fri Feb 15, 2008 7:29 pm ]
Post subject:
JoeH wrote: I'd like to read the bill. How can I do that? You can go to the Legislature's web site.

Author:	JDR [ Mon Feb 18, 2008 8:42 pm ]
Post subject:
From NRA-ILA Minnesota “Castle Doctrine” to be Heard in House Committee! Friday, February 15, 2008 Please Contact Your State Representative and Urge Him or Her to Support HF 498! Any day, the House Public Safety and Civil Justice Committee will hear House File 498, introduced by State Representative Tony Cornish (R-24B). HF 498 would greatly strengthen the right to self-defense in Minnesota. HF 498, “Castle Doctrine” legislation, restores the right to self-defense in Minnesota by removing the duty to retreat when outside the home. HF 498 would allow a person to use force, including deadly force, against a violent attacker, and provides that a person who uses force against an attacker shall be immune from criminal prosecution. Please contact your State Representative at (651) 296-2146 or (800) 657-3550 and respectfully urge him or her to support your right to self-defense. To find your State Representative, please click here. From Paul Kohls Thanks ("JDR"). I'm a coauthor on the bill and certainly plan to continue to support it. Paul Kohls State Representative District 34A 313 State Office Building 100 Rev. Dr. Martin Luther King Jr. Boulevard Saint Paul, MN 55155 651-296-4282 (w) 952-443-0048 (h) 651-296-5807 FAX To sign up for session e-mail updates: www.house.mn/34A From Me >>> "JDR" <"JDR.com> 02/16/08 1:35 PM >>> Please consider supporting House File 498. House File 498 removes the ridicules requirement that innocent persons, under the threat of death or great bodily harm MUST run away from such danger (which is impossible in most cases). This bill would protect law-abiding citizen's rights (who, under threat of death or great bodily harm) attempt to (lawfully) protect themselves and others. The proposed bill would also give protection of "standing your ground" when others try to second-guess a defenders actions, without the benefit of the decision making process in a situation of extreme danger to your self or others. As well, as protect the innocent citizen defending themselves from frivolous lawsuits filed by the very criminal that threatened death or great bodily harm to them or others. Thank you for your consideration of this very important legislation.

Author:	mostlylurkin [ Tue Feb 19, 2008 9:36 am ]
Post subject:
I can't find anything in the law that would "protect the innocent citizen defending themselves from frivolous lawsuits filed by the very criminal that threatened death or great bodily harm to them or others. " Does anybody else see it?

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Author:	ree [ Tue Feb 19, 2008 11:02 am ]
Post subject:
If the link that Pat provided is the whole bill, then I don't see it either. It looks like immunity from criminal prosecution but nothing about civil suits.

Author:	princewally [ Tue Feb 19, 2008 11:33 am ]
Post subject:
ree wrote: If the link that Pat provided is the whole bill, then I don't see it either. It looks like immunity from criminal prosecution but nothing about civil suits. We already have it. The short version, as I understand it, is that a criminal cannot sue if you are justified in shooting them. However, if they die, their family can hit you with a wrongful death suit. https://www.revisor.leg.state.mn.us/sta ... id=611A.08 Quote: 611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT. Subdivision 1. Definitions. As used in this section: (1) "perpetrator" means a person who has engaged in criminal conduct and includes a person convicted of a crime; (2) "victim" means a person who was the object of another's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm; (3) "course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct; and (4) "convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile. Subd. 2. Perpetrator's assumption of the risk. A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a violent crime, as defined in this section, engaged in by the perpetrator or an accomplice, as defined in section 609.05, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim if the victim used reasonable force as authorized in section 609.06 or 609.065. Subd. 3. Evidence. Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the violent crime involving the parties to the civil action, a certified copy of: a guilty plea; a court judgment of guilt; a court record of conviction as specified in section 599.24, 599.25, or 609.041; an adjudication as a delinquent child; or a disposition as an extended jurisdiction juvenile pursuant to section 260B.130 is conclusive proof of the perpetrator's assumption of the risk. Subd. 4. Attorney's fees to victim. If the perpetrator does not prevail in a civil action that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.

Author:	tepin [ Tue Feb 19, 2008 11:35 am ]
Post subject:
I would like to see "great bodily harm" changed to "bodily harm". Regardless, I like 498.

Author:	ree [ Tue Feb 19, 2008 11:48 am ]
Post subject:
princewally wrote: ree wrote: If the link that Pat provided is the whole bill, then I don't see it either. It looks like immunity from criminal prosecution but nothing about civil suits. We already have it. The short version, as I understand it, is that a criminal cannot sue if you are justified in shooting them. However, if they die, their family can hit you with a wrongful death suit. Well, I already knew that....reminders are still good. But it still doesn't explain the claim (by JDR?) that this bill protects from frivolous lawsuits.

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