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Focus on New Laws: Notice, Disclosures Required When Officers Deploy Chemical Irritants Inside Buildings
Effective Aug. 1, peace officers, law enforcement agencies, and local governments must provide notice and disclose certain information when chemical irritants, smoke screens, or diversionary devices are used inside a building.
A new law requires peace officers, law enforcement agencies, and local governments to provide notice and disclose information about chemical irritants, smoke screens, and diversionary devices used inside a building. Chemical irritants include products such as tear gas and pepper spray, which may be 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. These products can leave residue that requires specialized cleanup or treatment.
The measure was enacted as a standalone bill, Chapter 69, rather than as part of an omnibus bill. It creates a new section of law, Minnesota Statutes, section 626.745, and takes effect Aug. 1, 2026.
A notice of use and identification is required for all deployed products
The new law requires an officer from the agency that deployed the chemical irritant — or, if multiple agencies are involved, an officer from the lead agency — to provide notice when chemical irritants are used inside a building. It specifies that notice should be given to the building owner and, if the building is a home or apartment, to the occupant.
The law specifies that notice may be given using a standard notification form created by the Minnesota Department of Public Safety (DPS).
Upon request, the law enforcement agency also must disclose information about the products deployed to the building owner, any tenant, an insurance company, or a person hired to perform cleanup services. The lead agency also must identify any other law enforcement agencies that deployed chemical irritants, smoke screens, or diversionary devices during the incident.
Standard notification form required
The law directs the DPS to establish a standard notification form for peace officers to use when informing a building owner or occupant that chemical irritants were deployed.
The notice must inform the recipient:
- That chemical irritants were deployed inside the building.
- That specialized cleanup or treatment may be needed.
- That additional information is available from the law enforcement agency or local government unit.
DPS must provide notification forms to law enforcement agencies at no cost. The form is expected to be available by the Aug. 1, 2026, effective date.