Peace officers must disclose their use of chemical irritants within a building

Notice and disclosure will need to be given when peace officers deploy chemical irritants within a building.

Chemical irritants such as tear gas and pepper spray are often used to force a person to leave a room or building. Peace officers may also use smoke screens and diversionary devices (such as “flash bang” devices) when entering a building or room. Those products may leave residue requiring specialized cleaning or treatment.

Effective Aug. 1, 2026, a new law requires peace officers to provide notice to building owners, and the occupant if the building is a home or apartment, when the officer uses a chemical irritant in the building.

It will also require law enforcement agencies and local units of government to share specific information about the products used when asked by the building owner, a tenant, insurance company or someone hired to clean or treat the building or room.

Additionally, the Department of Public Safety must develop a standard notification form for officers to provide to building owners and occupants.

Rep. Kelly Moller (DFL-Shoreview) and Sen. Melissa Wiklund (DFL-Bloomington) are the sponsors.

HF3782*/SF4144/CH69

HF3782* / SF4144 / CH69