Overall the language of SF 446 introduced by Senator Pat Pariseau is good law. I'd like to see the bill take advantage of this opportunity to shield the defendor from civil lawsuits as well. Current MN law says that the perpetrator's family cannot sue, but that's only if the perpetrator survives. We need to broaden this to include all cases.


Oh, and I first looked for posts on this topic in the MN Gun Politics topic but found none. Shouldn't this be relabeled and moved?

Where in section 611A.08 do you find this?

Subdivision 2 of the statute says

What are you talking about?

http://ros.leg.mn/bin/getpub.php?pubtyp ... et+Section

It would be good to clarify this for all of our piece of mind.

I emailed all of the co-sponsors with just that suggestion for a change.

I think he's talking about the nonexclusive way that the statute defines "perpetrator".

As you know, if the perp is convicted or pleads out, that's "conclusive" proof that he is, in fact, a perp, and that the victim is immune from damages. Period. Done deal. Can't even sue, much less win.

But the perp can't be convicted or plead out if he dies in the commission of the crime, and whether or not he was, in fact, a perp as defined in 611A.08 would be a matter of fact that could be put in front of a tryer of fact -- a judge or jury -- thereby allowing a lawsuit to proceed at least up to that point.

I think that's what he's getting at. Assuming I'm right about what he's getting at, two questions:

1. Is he right?
2. Is there any possible legislative fix?

(My guess is 1. No; 2. Not in practice, although in theory. But, then again, not only am I not a law professor, but IANAL, and all that.)