4th Engrossment - 94th Legislature (2025 - 2026) Posted on 05/27/2025 08:26am
A bill for an act
relating to state government; providing for certain policy for the judiciary, courts,
public safety, crime, corrections, data practices, and civil law; providing for crime
victims policy; modifying certain financial crimes and fraud investigations law;
modifying certain crime victims policy; modifying certain mortgage foreclosure
policy; modifying certain statutes of limitation; modifying certain fees; providing
for grants; providing for a task force; providing for reports; establishing criminal
penalties; establishing Minnesota victims of crime account; appropriating money
for judiciary, public safety, corrections, Board of Civil Legal Aid, Guardian ad
Litem Board, Tax Court, Uniform Laws Commission, Board on Judicial Standards,
Board of Public Defense, Human Rights, Office of Appellate Counsel and Training,
Minnesota Competency Attainment Board, Cannabis Expungement Board,
Secretary of State, Sentencing Guidelines, Peace Officer Standards and Training
(POST) Board, Private Detective Board, Ombudsperson for Corrections, Clemency
Review Commission, and Office of Higher Education; amending Minnesota Statutes
2024, sections 13.03, subdivisions 3, 6; 13.32, subdivisions 2, 5; 13.43, subdivision
2; 13.82, subdivision 1; 13.821; 13.825, subdivision 4; 13.991; 43A.17, subdivision
13; 45.0135, subdivisions 2b, 6, 7, 8, 9, by adding a subdivision; 60A.951,
subdivision 2; 60A.952, subdivisions 2, 4, 5; 60A.954, subdivision 2; 60A.956;
65B.84; 121A.038, subdivision 7; 121A.06; 144.223; 144.296; 144E.123,
subdivision 3; 152.021, subdivision 2; 152.022, subdivision 2; 152.023, subdivision
2; 152.025, subdivision 2; 152.137, subdivisions 1, 2; 241.01, subdivision 3a;
241.021, subdivision 1, by adding a subdivision; 241.80; 244.18, subdivisions 1,
7, 9; 244.19, subdivisions 1c, 1d, 5, 5a; 244.20; 244.41, subdivision 6; 244.44;
244.46, subdivision 1; 246B.04, subdivision 2; 260C.419, subdivisions 2, 3, 4;
268.19, subdivision 1; 268B.30; 272.45; 297I.11, subdivision 2; 299C.055;
299C.40, subdivision 1; 299C.52, subdivision 1; 299C.80, subdivision 6; 299F.47,
subdivision 2; 326.338, subdivision 4; 357.021, subdivision 2; 388.23, subdivision
1; 401.03; 401.10, subdivisions 1, 4, by adding a subdivision; 401.11, subdivision
1; 401.14; 401.15, subdivision 2; 401.17, subdivisions 1, 5; 480.243, by adding a
subdivision; 480.35, by adding a subdivision; 480.40, subdivisions 1, 3; 480.45,
subdivision 2; 484.44; 484.51; 517.04; 517.08, subdivisions 1a, 1b, 1c; 517.09,
subdivision 1; 517.10; 518.68, subdivision 1; 518B.01, subdivision 2; 524.5-120;
524.5-311; 524.5-313; 524.5-420; 580.07, subdivisions 1, 2; 580.10; 580.225;
580.24; 580.25; 580.26; 580.28; 581.02; 582.03, subdivisions 1, 2; 582.043,
subdivision 6; 595.02, subdivision 1; 609.101, subdivision 2; 609.2231, subdivision
2; 609.2232; 609.322, subdivision 1; 609.527, subdivision 3; 609.531, subdivision
1; 609.593, subdivision 1; 609.78, subdivision 2c; 611.24, subdivision 4; 611.45,
subdivision 3; 611.46, subdivision 2; 611.49, subdivisions 2, 3; 611.55, subdivision
3; 611.56, subdivision 1; 611.59, subdivisions 1, 4; 611A.02; 611A.0315; 611A.06,
by adding a subdivision; 611A.90; 617.246, subdivisions 1, 2, 3, 4, 6; 617.247;
624.714, subdivision 7a; 626.05, subdivision 2; 626.19, subdivision 3; 626.84,
subdivision 1; 626A.35, subdivision 2b, by adding a subdivision; 628.26; 629.341,
subdivision 3; 634.35; Laws 2023, chapter 52, article 2, section 3, subdivisions 2,
3, 8, as amended; article 4, section 24, subdivision 7, as amended; article 11, section
31; Laws 2023, chapter 68, article 1, section 4, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapters 144; 241; 299A; 299C; 401; 480; 517;
609; 617; 626; repealing Minnesota Statutes 2024, sections 45.0135, subdivisions
2a, 2c, 2d, 2e, 2f, 3, 4, 5; 253.21; 253.23; 325E.21, subdivision 2b; 325F.02;
325F.03; 325F.04; 325F.05; 325F.06; 325F.07; 517.05; 517.18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2026 new text end |
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2027 new text end |
Sec. 2. new text begin SUPREME COURTnew text end |
new text begin
$ new text end |
new text begin
54,597,000 new text end |
new text begin
$ new text end |
new text begin
50,597,000 new text end |
new text begin
(a) Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
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(b) Justice Partner Access
new text end
new text begin
$4,000,000 the first year is to improve justice
partner access to documents and court
information. This appropriation is available
until June 30, 2029.
new text end
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(c) Base Adjustment
new text end
new text begin
The general fund base shall be $50,821,000
beginning in fiscal year 2028.
new text end
Sec. 3. new text begin BOARD OF CIVIL LEGAL AIDnew text end |
new text begin
$ new text end |
new text begin
35,353,000 new text end |
new text begin
$ new text end |
new text begin
35,353,000 new text end |
Sec. 4. new text begin COURT OF APPEALSnew text end |
new text begin
$ new text end |
new text begin
15,624,000 new text end |
new text begin
$ new text end |
new text begin
15,624,000 new text end |
new text begin
Base Adjustment
new text end
new text begin
The general fund base shall be $15,794,000
beginning in fiscal year 2028.
new text end
Sec. 5. new text begin DISTRICT COURTSnew text end |
new text begin
$ new text end |
new text begin
396,395,000 new text end |
new text begin
$ new text end |
new text begin
396,396,000 new text end |
new text begin
(a) Forensic Examiner Rate Increase
new text end
new text begin
$2,685,000 each year is to increase the hourly
rate paid to forensic examiners.
new text end
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(b) Base Adjustment
new text end
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The general fund base shall be $403,810,000
beginning in fiscal year 2028.
new text end
Sec. 6. new text begin GUARDIAN AD LITEM BOARDnew text end |
new text begin
$ new text end |
new text begin
26,741,000 new text end |
new text begin
$ new text end |
new text begin
26,759,000 new text end |
new text begin
(a)
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Volunteer Guardians ad Litem
new text end
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$229,000 the first year and $247,000 the
second year are for supervising volunteer
guardians ad litem.
new text end
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(b) Base Adjustment
new text end
new text begin
The general fund base shall be $27,369,000
beginning in fiscal year 2028.
new text end
Sec. 7. new text begin TAX COURTnew text end |
new text begin
$ new text end |
new text begin
2,312,000 new text end |
new text begin
$ new text end |
new text begin
2,353,000 new text end |
Sec. 8. new text begin UNIFORM LAWS COMMISSIONnew text end |
new text begin
$ new text end |
new text begin
115,000 new text end |
new text begin
$ new text end |
new text begin
115,000 new text end |
Sec. 9. new text begin BOARD ON JUDICIAL STANDARDSnew text end |
new text begin
$ new text end |
new text begin
654,000 new text end |
new text begin
$ new text end |
new text begin
654,000 new text end |
new text begin
(a) Availability of Appropriation
new text end
new text begin
If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin
(b) Major Disciplinary Actions
new text end
new text begin
$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures through June
30, 2027.
new text end
new text begin
(c)
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Base Adjustment
new text end
new text begin
The general fund base shall be $660,000
beginning in fiscal year 2028.
new text end
Sec. 10. new text begin BOARD OF PUBLIC DEFENSEnew text end |
new text begin
$ new text end |
new text begin
167,622,000 new text end |
new text begin
$ new text end |
new text begin
167,622,000 new text end |
new text begin
Base Adjustment
new text end
new text begin
The general fund base shall be $169,829,000
beginning in fiscal year 2028.
new text end
Sec. 11. new text begin HUMAN RIGHTSnew text end |
new text begin
$ new text end |
new text begin
8,828,000 new text end |
new text begin
$ new text end |
new text begin
8,987,000 new text end |
Sec. 12. new text begin OFFICE OF APPELLATE COUNSEL
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
1,361,000 new text end |
Sec. 13. new text begin MINNESOTA COMPETENCY
|
new text begin
$ new text end |
new text begin
11,017,000 new text end |
new text begin
$ new text end |
new text begin
11,137,000 new text end |
Sec. 14. new text begin CANNABIS EXPUNGEMENT BOARDnew text end |
new text begin
$ new text end |
new text begin
5,363,000 new text end |
new text begin
$ new text end |
new text begin
5,378,000 new text end |
Sec. 15. new text begin SECRETARY OF STATEnew text end |
new text begin
$ new text end |
new text begin
18,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$18,000 the first year is to implement
Minnesota Statutes, section 480.50, relating
to judicial official data privacy for real
property records.
new text end
new text begin
The commissioner of management and budget shall reduce the appropriation to the
Office of Appellate Counsel and Training for fiscal years 2024 and 2025 in Laws 2023,
chapter 52, article 1, section 11, by $2,000,000.
new text end
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This section is effective the day following final enactment.
new text end
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The commissioner of management and budget shall reduce the appropriation to the
Minnesota Competency Attainment Board for fiscal years 2024 and 2025 in Laws 2023,
chapter 52, article 1, as amended by Laws 2023, chapter 73, section 3, by $9,000,000.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of management and budget shall reduce the appropriation to the
Cannabis Expungement Board for fiscal years 2024 and 2025 in Laws 2023, chapter 63,
article 9, section 4, by $6,700,000.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The Minnesota Judicial Branch may charge a reasonable fee to private attorneys for
improved access to documents and court information and retain any money collected. The
fee may be imposed by rule or policy.
new text end
Minnesota Statutes 2024, section 357.021, subdivision 2, is amended to read:
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $285deleted text end new text begin $310new text end , except in marriage dissolution actions the fee is deleted text begin $315deleted text end new text begin $340new text end .
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $285deleted text end new text begin $310new text end , except
in marriage dissolution actions the fee is deleted text begin $315deleted text end new text begin $340new text end . This subdivision does not apply to the
filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, deleted text begin $75deleted text end new text begin $100new text end .
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents. No fee may be charged to view or download a publicly available
instrument from a civil or criminal proceeding or for an uncertified copy of that instrument.
Section 1. new text begin APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end
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APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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Ending June 30 new text end |
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new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin SENTENCING GUIDELINESnew text end |
new text begin
$ new text end |
new text begin
1,092,000 new text end |
new text begin
$ new text end |
new text begin
1,112,000 new text end |
Sec. 3. new text begin PUBLIC SAFETYnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
282,707,000 new text end |
new text begin
$ new text end |
new text begin
270,624,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
175,736,000 new text end |
new text begin
177,750,000 new text end |
new text begin
Special Revenue new text end |
new text begin
21,497,000 new text end |
new text begin
21,397,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
new text begin
Environmental new text end |
new text begin
130,000 new text end |
new text begin
133,000 new text end |
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
911 Fund new text end |
new text begin
82,597,000 new text end |
new text begin
68,597,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
5,629,000 new text end |
new text begin
6,491,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
5,499,000 new text end |
new text begin
6,358,000 new text end |
new text begin
Environmental new text end |
new text begin
130,000 new text end |
new text begin
133,000 new text end |
new text begin
(a)
new text end
new text begin
Supplemental Nonprofit Security Grants
new text end
new text begin
$125,000 each year is for supplemental
nonprofit security grants. Except as otherwise
provided in this paragraph, nonprofit
organizations whose applications for funding
through the Federal Emergency Management
Agency's nonprofit security grant program
have been approved by the Division of
Homeland Security and Emergency
Management are eligible for grants under this
subdivision. No additional application shall
be required from applicants whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program are approved, and an application for
a grant from the federal program is also an
application for funding from the state
supplemental program. If the Federal
Emergency Management Agency terminates
the nonprofit security grant program, does not
accept applications, or does not rank
applicants, the commissioner of public safety
must develop and implement an alternative
application and ranking process. Eligible
organizations may receive grants of up to
$75,000, except that the total received by any
organization from both the federal nonprofit
security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program or, if
applicants for the federal nonprofit security
grant program are not ranked, the
commissioner must award grants in an order
consistent with ranking established by the
commissioner of public safety. If the Federal
Emergency Management Agency issues grants
under the federal nonprofit security grant
program, no grants under the state
supplemental nonprofit security grant program
shall be awarded until the announcement of
the recipients and the amount of the grants
awarded under the federal nonprofit security
grant program. If the Federal Emergency
Management Agency does not issue grants
under the federal nonprofit security grant
program, the commissioner must provide
guidance to applicants regarding the time
frame for issuance of grants. The
commissioner may use up to one percent of
the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin
(b)
new text end
new text begin
Base Adjustment
new text end
new text begin
This program's annual general fund base shall
be $6,233,000 beginning in fiscal year 2028.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
112,905,000 new text end |
new text begin
114,044,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
110,254,000 new text end |
new text begin
111,393,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
(a)
new text end
new text begin
DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, sections
161.045, subdivision 3, and 161.20,
subdivision 3, $2,429,000 each year is from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end
new text begin
(b) Financial Crimes and Fraud Section
new text end
new text begin
$1,115,000 each year from the general fund
and $215,000 each year from the workers'
compensation fund are for the Financial
Crimes and Fraud Section in Minnesota
Statutes, section 299C.061, and may not be
used for any other purpose.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
|
new text begin
20,117,000 new text end |
new text begin
20,017,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
4,190,000 new text end |
new text begin
4,190,000 new text end |
new text begin
Special Revenue new text end |
new text begin
15,927,000 new text end |
new text begin
15,827,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The special
revenue fund base appropriation for this
account is $15,935,000 in fiscal year 2028 and
$15,832,000 in fiscal year 2029.
new text end
new text begin
(a) Hazardous Materials and Emergency
Response Teams
new text end
new text begin
$2,170,000 the first year and $2,070,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $2,170,000 in the first year of future
bienniums and $2,070,000 in the second year
of future bienniums.
new text end
new text begin
(b) Bomb Squad Reimbursements
new text end
new text begin
$250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.
new text end
new text begin
(c) Nonresponsible Party Reimbursements
new text end
new text begin
$750,000 each year from the fire safety
account is for nonresponsible party hazardous
material, Urban Search and Rescue, Minnesota
Air Rescue Team, and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.
new text end
new text begin
(d) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end
new text begin
(e) Task Force 1
new text end
new text begin
$1,425,000 each year from the fire safety
account is for the Minnesota Task Force 1.
new text end
new text begin
(f) Task Force 2
new text end
new text begin
$300,000 each year from the fire safety
account is for the Minnesota Task Force 2.
new text end
new text begin
(g) Air Rescue
new text end
new text begin
$500,000 each year from the fire safety
account is for the Minnesota Air Rescue Team.
new text end
new text begin
(h) Fire Service Assessment
new text end
new text begin
The state fire marshal shall conduct or contract
with a third party to conduct a comprehensive
assessment of how firefighting services are
provided in Minnesota and make
recommendations for any proposed changes.
At a minimum, the assessment must include:
new text end
new text begin
(1) a macro-level review and analysis of
incidents; incident types; response metrics;
geographical distribution; life, safety, and
property damage impacts; and trend projection
analysis, benchmarked against national
standards and best practices, including those
of the National Fire Protection Association;
new text end
new text begin
(2) an analysis of the number of fire
departments and types of staffing in Minnesota
compared to other states regionally and
nationally, including staff response by time of
day and day of the week;
new text end
new text begin
(3) an analysis of the available data sets to
determine what data is incomplete, inaccurate,
or missing to make informed decisions in the
future;
new text end
new text begin
(4) an analysis of the effective response force
of firefighters across the state, identifying any
trends and patterns impacting the delivery of
fire and life safety services;
new text end
new text begin
(5) an analysis of the training, certification,
and licensing of Minnesota firefighters,
including initial and annual training, officers,
inspectors, investigators, and specialty
disciplines such as technical rescue and
hazardous materials;
new text end
new text begin
(6) an analysis of the recruitment and retention
of fire department staff including volunteer,
paid-on-call, part-time, contract, and full-time
firefighters;
new text end
new text begin
(7) a macro-level evaluation of fire department
equipment, including personal protective
equipment, apparatus equipment,
communications equipment, and infrastructure,
benchmarked against national standards and
best practices, including those of the National
Fire Protection Association; and
new text end
new text begin
(8) a macro-level evaluation of the funding
for firefighting services in Minnesota and how
it compares to other states.
new text end
new text begin
In conducting the assessment, the fire marshal
shall hold in-person and virtual stakeholder
listening sessions with the Minnesota State
Fire Chiefs Association, the Minnesota State
Fire Department Association, the Minnesota
Professional Firefighters Association, the
League of Minnesota Cities, the Minnesota
Association of Townships, and other statewide
and regional associations identified by the
commissioner of public safety. In conducting
the assessment and making recommendations
for proposed changes, the fire marshal shall
consider the current diverse nature of the fire
service in Minnesota, including the various
staffing models employed and the
geographical makeup of the state.
new text end
new text begin
The fire marshal may request onetime funding
to complete this assessment through the Fire
Service Advisory Committee.
new text end
new text begin
By December 31, 2026, the fire marshal shall
report on the assessment conducted and any
recommendations for changes to the chairs
and ranking minority members of the
legislative committees with jurisdiction over
public safety and commerce.
new text end
new text begin Subd. 5. new text end
new text begin
Firefighter Training and Education
|
new text begin
5,500,000 new text end |
new text begin
5,500,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
new text begin
(a) Firefighter Training and Education new text end |
new text begin
$5,500,000 each year from the fire safety
account is for firefighter training and
education.
new text end
new text begin
(b) Unappropriated Revenue new text end |
new text begin
Any additional unappropriated money
collected in fiscal year 2025 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin
Alcohol and Gambling
|
new text begin
4,056,000 new text end |
new text begin
4,067,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
3,986,000 new text end |
new text begin
3,997,000 new text end |
new text begin
Special Revenue new text end |
new text begin
70,000 new text end |
new text begin
70,000 new text end |
new text begin
The special revenue fund appropriation is from
the lawful gambling regulation account.
new text end
new text begin Subd. 7. new text end
new text begin
Office of Justice Programs
|
new text begin
51,903,000 new text end |
new text begin
51,908,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
51,807,000 new text end |
new text begin
51,812,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Legal Representation for Children
new text end
new text begin
$100,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. This is a onetime appropriation and is in
addition to any other appropriations for the
legal representation of children.
new text end
new text begin
(b) Prosecutor Training
new text end
new text begin
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. If any portion of this
appropriation is used to fund trial school or
training at the Minnesota County Attorneys
Association annual conference, the training
must contain blocks of instruction on racial
disparities in the criminal justice system,
collateral consequences to criminal
convictions, and trauma-informed responses
to victims. This is a onetime appropriation.
new text end
new text begin
By February 15 of each year, the Minnesota
County Attorneys Association must provide
a report to the chairs, co-chairs, and ranking
minority members of the legislative
committees and divisions with jurisdiction
over public safety policy and finance on the
training provided with grant proceeds,
including a description of each training and
the number of prosecutors and law
enforcement officers who received training.
new text end
new text begin Subd. 8. new text end
new text begin
Emergency Communication Networks
|
new text begin
82,597,000 new text end |
new text begin
68,597,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services unless
otherwise indicated.
new text end
new text begin
(a) Public Safety Answering Points
new text end
new text begin
$28,011,000 each year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin
Each eligible entity receiving these funds must
provide a detailed report on how the funds
were used to the commissioner of public safety
by August 1, 2027.
new text end
new text begin
(b) ARMER State Backbone Operating
Costs
new text end
new text begin
$10,384,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(c) Statewide Emergency Communications
Board
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end
new text begin
(d) ARMER Critical Infrastructure
new text end
new text begin
$14,000,000 the first year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone. This appropriation is
available until June 30, 2029.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
$ new text end |
new text begin
11,691,000 new text end |
new text begin
$ new text end |
new text begin
11,739,000 new text end |
new text begin
(a) Peace Officer Training Reimbursements
new text end
new text begin
$2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin
(b) Philando Castile Memorial Training
Fund
new text end
new text begin
$4,942,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund." These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8452 (use of
force), 626.8469 (training in crisis response,
conflict management, and cultural diversity),
and 626.8474 (autism training).
new text end
new text begin
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
new text end
new text begin
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
new text end
new text begin
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
new text end
new text begin
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $878,000
beginning in fiscal year 2028 and thereafter.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARDnew text end |
new text begin
$ new text end |
new text begin
697,000 new text end |
new text begin
$ new text end |
new text begin
706,000 new text end |
Sec. 6. new text begin CORRECTIONSnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
843,542,000 new text end |
new text begin
$ new text end |
new text begin
833,286,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Incarceration and Prerelease Services
|
new text begin
583,505,000 new text end |
new text begin
570,247,000 new text end |
new text begin
(a) Task Force on Mandatory Minimum
Sentences
new text end
new text begin
$133,000 the first year is for the task force on
mandatory minimum sentences.
new text end
new text begin
(b) Prison Rape Elimination Act
new text end
new text begin
$500,000 each year is for Prison Rape
Elimination Act (PREA) compliance.
new text end
new text begin
(c) Incarceration and Prerelease Services
Base Budget
new text end
new text begin
The base for incarceration and prerelease
services is $568,750,000 in fiscal year 2028
and $563,750,000 in fiscal year 2029.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
201,155,000 new text end |
new text begin
203,587,000 new text end |
new text begin
(a) Community Supervision Funding
new text end
new text begin
$143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.
new text end
new text begin
(b) Tribal Nation Supervision
new text end
new text begin
$2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
new text end
new text begin
(c) Housing Initiatives
new text end
new text begin
$1,685,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release. Of this amount:
new text end
new text begin
(1) $760,000 each year is for housing
stabilization prerelease services and program
evaluation;
new text end
new text begin
(2) $500,000 each year is for rental assistance
for incarcerated individuals approaching
release, on supervised release, or on probation
who are at risk of homelessness;
new text end
new text begin
(3) $200,000 each year is for culturally
responsive trauma-informed transitional
housing; and
new text end
new text begin
(4) $225,000 each year is for housing
coordination activities.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
58,882,000 new text end |
new text begin
59,452,000 new text end |
new text begin
Public Safety Data Infrastructure
new text end
new text begin
$4,097,000 each year is for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. Any unspent funds from the
current biennium do not cancel and are
available in the next biennium.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
1,118,000 new text end |
new text begin
$ new text end |
new text begin
1,137,000 new text end |
Sec. 8. new text begin CLEMENCY REVIEW COMMISSIONnew text end |
new text begin
$ new text end |
new text begin
995,000 new text end |
new text begin
$ new text end |
new text begin
1,005,000 new text end |
Sec. 9. new text begin OFFICE OF HIGHER EDUCATIONnew text end |
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
Use of Force Training
new text end
new text begin
$250,000 the first year is to provide
reimbursement grants to eligible
postsecondary schools certified to provide
programs of professional peace officer
education for providing in-service training
programs on the use of force, including deadly
force, by peace officers. Of this amount, up
to 2.5 percent is for administration and
monitoring of the program.
new text end
new text begin
To be eligible for reimbursement, training
offered by a postsecondary school must:
new text end
new text begin
(1) satisfy the requirements of Minnesota
Statutes, section 626.8452, and be approved
by the Board of Peace Officer Standards and
Training;
new text end
new text begin
(2) utilize scenario-based training that
simulates real-world situations and involves
the use of real firearms that fire nonlethal
ammunition;
new text end
new text begin
(3) include a block of instruction on the
physical and psychological effects of stress
before, during, and after a high-risk or
traumatic incident and the cumulative impact
of stress on the health of officers;
new text end
new text begin
(4) include blocks of instruction on
de-escalation methods and tactics, bias
motivation, unknown risk training, defensive
tactics, and force-on-force training; and
new text end
new text begin
(5) be offered to peace officers at no charge
to the peace officer or law enforcement
agency.
new text end
new text begin
An eligible postsecondary school may apply
for reimbursement for the costs of offering the
training. Reimbursement shall be made at a
rate of $450 for each officer who completes
the training. The postsecondary school must
submit the name and peace officer license
number of the peace officer who received the
training to the Office of Higher Education.
new text end
new text begin
As used in this section:
new text end
new text begin
(1) "law enforcement agency" has the meaning
given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (f); and
new text end
new text begin
(2) "peace officer" has the meaning given in
Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
new text end
new text begin
(a) $1,000,000 the first year is appropriated from the general fund to the commissioner
of corrections to fund the costs associated with a management study and decommissioning
study related to the closure of the Minnesota Correctional Facility - Stillwater. The
decommissioning study must include considerations for a wide range of future uses of the
site with a focus on the economic stability and development of the communities surrounding
the facility. On or before September 30, 2026, the commissioner must submit a
comprehensive report detailing the findings and recommendations from the studies to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety finance and policy and capital investment.
new text end
new text begin
(b) Upon completion of the studies and report under this section and after written notice
to the commissioner of management and budget, the commissioner of corrections must use
any money remaining in this appropriation for asset preservation improvements and
betterments of a capital nature at the Minnesota correctional facilities statewide to be spent
in accordance with Minnesota Statutes, section 16B.307.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$1,000,000 of the appropriation in fiscal year 2024 for asset preservation under Laws
2023, chapter 71, article 1, section 13, subdivision 2, is canceled to the general fund by June
30, 2025.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$7,232,000 the first year is transferred from the general fund to the Minnesota victims
of crime account in the special revenue fund under Minnesota Statutes, section 299A.708.
new text end
new text begin
(a) Notwithstanding any law to the contrary, unless amounts are otherwise appropriated
for administrative costs, the Department of Public Safety may retain up to five percent of
the amount appropriated to the department for grants enacted by the legislature and single-
or sole-source and formula grants and up to ten percent for competitively awarded grants
to be used for staff and related operating costs for grant administration. This section applies
to all new and existing grant programs administered by the department. This section does
not apply to grants funded with an appropriation of proceeds from the sale of state general
obligation bonds.
new text end
new text begin
(b) The authority granted in this section expires on June 30, 2027.
new text end
new text begin
The commissioner of management and budget must reduce general fund appropriations
to the Department of Commerce by $1,115,000 in fiscal years 2026 and 2027 and must
reduce the workers' compensation fund appropriations to the Department of Commerce by
$215,000 in fiscal years 2026 and 2027 to account for the transfer of Commerce Fraud
Bureau employees and responsibilities to the Bureau of Criminal Apprehension. These
reductions are ongoing.
new text end
Minnesota Statutes 2024, section 241.01, subdivision 3a, is amended to read:
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. After July 1, 2023, the commissioner shall not allow inmates who have not been
conditionally released from prison, whether on parole, supervised release, work release, or
an early release program, to be housed in correctional facilities that are not owned and
operated by the state, a local unit of government, or a group of local units of government.
Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close deleted text begin the Minnesota
Correctional Facility-Stillwater ordeleted text end the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
(j) To publish, administer, and award grant contracts with state agencies, local units of
government, and other entities for correctional programs embodying rehabilitative concepts,
for restorative programs for crime victims and the overall community, and for implementing
legislative directives.
new text begin
(k) If the commissioner is considering closing a facility, the commissioner must develop
a written plan for the closure of the facility. The plan must minimize staff layoffs and
maximize opportunities for staff of the facility designated for closure to transfer to vacant
positions in other correctional facilities. The commissioner must engage staff and labor
unions representing employees at the facility identified for closure and engage public officials
from local units of government impacted by the proposed facility closure. The commissioner
must: identify the potential adverse impacts of the closure on incarcerated individuals;
minimize disruptions in conditions of confinement, rehabilitative programming, educational
opportunities, mental health and medical care, family visitation, and case planning; and
prioritize access to services that support rehabilitation and successful reentry across all state
correctional facilities. The commissioner must deliver a copy of the plan to the chairs and
ranking minority members of the senate and house of representatives committees with
jurisdiction over public safety policy and finance.
new text end
new text begin
(l) Notwithstanding any other law to the contrary, the commissioner must not implement
any initiative that grants early release from incarceration or reduces criminal sentences to
implement the closure of the Minnesota Correctional Facility - Stillwater. This provision
shall not affect the operation or continuation of early release programs established in statute
prior to the effective date of this section.
new text end
new text begin
The Minnesota victims of crime account is
established in the special revenue fund.
new text end
new text begin
The account consists of money deposited, donated, allotted,
transferred, or otherwise provided to the account and any interest or earnings of the account.
new text end
new text begin
Money in the account, including
interest accrued, is appropriated to the commissioner of public safety for the Office of Justice
Programs to provide grants to crime victim services providers. Grants must be used for
direct services and advocacy for victims of sexual assault, general crime, domestic violence,
and child abuse. Funding must support the direct needs of organizations serving victims of
crime and may provide: direct client assistance to crime victims; competitive wages for
direct service staff; hotel stays and other housing-related supports and services; culturally
responsive programming; prevention programming, including domestic abuse transformation
and restorative justice programming; and for other needs of organizations and crime victim
survivors. Up to ten percent of the appropriation is available for grant administration.
new text end
new text begin
(a) By January 15 of each year, the commissioner of
public safety shall submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety policy and finance on the account
established in subdivision 1. The report must provide detailed information on the money
deposited into the account and any money carried over from the previous year, including
the amounts and sources of the money.
new text end
new text begin
(b) Money in the account does not cancel but remains available for expenditures for
grants identified in subdivision 3.
new text end
new text begin
In fiscal year 2028, the commissioner of management and
budget shall transfer $878,000 from the general fund to the Minnesota victims of crime
account. In fiscal year 2029 and each year thereafter, the commissioner of management and
budget shall transfer $879,000 from the general fund to the Minnesota victims of crime
account.
new text end
Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read:
(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. Both parties must present proof of age to the local registrar.
If one party is unable to appear in person, the party appearing may complete the absent
applicant's information. The local registrar shall provide a copy of the civil marriage
application to the party who is unable to appear, who must verify the accuracy of the
appearing party's information in a notarized statement. The verification statement must be
accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been received by the local
registrar. If the local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue the license,
containing the full names of the parties before and after the civil marriage, and county and
state of residence, with the county seal attached, and make a record of the date of issuance.
The license shall be valid for a period of six months. Except as provided in paragraph (b),
the local registrar shall collect from the applicant a fee of deleted text begin $115deleted text end new text begin $125new text end for administering the
oath, issuing, recording, and filing all papers required, and preparing and transmitting to
the state registrar of vital records the reports of civil marriage required by this section. If
the license should not be used within the period of six months due to illness or other
extenuating circumstances, it may be surrendered to the local registrar for cancellation, and
in that case a new license shall issue upon request of the parties of the original license
without fee. A local registrar who knowingly issues or signs a civil marriage license in any
manner other than as provided in this section shall pay to the parties aggrieved an amount
not to exceed $1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is deleted text begin $40deleted text end new text begin $50new text end . In order to qualify for the reduced license fee, the parties
must submit at the time of applying for the civil marriage license a statement that is signed,
dated, and notarized or marked with a church seal from the person who provided the
premarital education on their letterhead confirming that it was received. The premarital
education must be provided by a licensed or ordained minister or the minister's designee,
a person authorized to solemnize civil marriages under section 517.18, or a person authorized
to practice marriage and family therapy under section 148B.33. The education must include
the use of a premarital inventory and the teaching of communication and conflict management
skills.
(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.
Minnesota Statutes 2024, section 517.08, subdivision 1c, is amended to read:
(a) Of the civil marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local
registrar must pay deleted text begin $90deleted text end new text begin $100new text end to the commissioner of management and budget to be deposited
as follows:
(1) $55 in the general fund;
(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;
(3) $2 in the special revenue fund to be appropriated to the commissioner of health for
developing and implementing the MN ENABL program under section 145.9255;
(4) $25 in the special revenue fund is appropriated to the commissioner of employment
and economic development for the Minnesota Family Resiliency Partnership under section
116L.96; deleted text begin and
deleted text end
(5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under section 137.32new text begin ;
and
new text end
new text begin (6) $10 in the Minnesota victims of crime account in the special revenue fund under
section 299A.708new text end .
(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay deleted text begin $15deleted text end new text begin $25new text end to the commissioner of management and
budget to be deposited as follows:
(1) $5 as provided in paragraph (a), clauses (2) and (3); deleted text begin and
deleted text end
(2) $10 in the special revenue fund is appropriated to the commissioner of employment
and economic development for the Minnesota Family Resiliency Partnership under section
116L.96new text begin ; and
new text end
new text begin (3) $10 in the Minnesota victims of crime account in the special revenue fund under
section 299A.708new text end .
new text begin
(a) As used in this section, "corporation" means any entity, other than a natural person,
that is capable under the laws of any state to sue, be sued, own property, contract, or employ
another.
new text end
new text begin
(b) When a court is sentencing a corporation that has been convicted of a crime, the
court must impose an assessment of up to $1,000,000 if the conviction is for a felony offense,
up to $250,000 if the conviction is for a gross misdemeanor offense, and up to $100,000 if
the conviction is for a misdemeanor offense. The assessment is in addition to any criminal
fines, restitution, or surcharge otherwise authorized or required under law. The court shall
impose an assessment of not less than 30 percent of the maximum assessment authorized
by this section unless the defendant makes a showing of undue hardship. The court may not
waive payment of the assessment.
new text end
new text begin
(c) In setting the amount of the assessment, the court shall take the following into
consideration:
new text end
new text begin
(1) the nature and seriousness of the offense;
new text end
new text begin
(2) the number of offenses committed;
new text end
new text begin
(3) the persistence of the criminal conduct;
new text end
new text begin
(4) the length of time over which the criminal conduct occurred;
new text end
new text begin
(5) the willfulness of the corporation's criminal conduct;
new text end
new text begin
(6) the corporation's assets, liabilities, and net worth; and
new text end
new text begin
(7) the particular harm to victims of the crime.
new text end
new text begin
(d) Assessments collected under this section must be deposited into the Minnesota victims
of crime account under section 299A.708.
new text end
new text begin
This section is effective July 1, 2025, and applies to sentences
announced on or after that date.
new text end
new text begin
(a) When a court is sentencing a person for an offense listed in paragraph (b), the court
must impose a victim services assessment. If the violation is a misdemeanor, the assessment
must be at least $500 and not more than $750. For any other violation, the assessment must
be at least $750 and not more than $1,000.
new text end
new text begin
(b) The victim services assessment applies to a conviction of the following offenses:
new text end
new text begin
(1) any crime of violence as defined in section 624.712, subdivision 5, other than a
violation of chapter 152;
new text end
new text begin
(2) section 518B.01, subdivision 14 (violation of domestic abuse order for protection);
new text end
new text begin
(3) section 609.2242 (domestic assault);
new text end
new text begin
(4) section 609.324, subdivision 1, 1a, or 2 (patronizing or hiring an individual engaged
in prostitution);
new text end
new text begin
(5) section 609.3458 (sexual extortion);
new text end
new text begin
(6) section 609.748, subdivision 6 (violation of harassment restraining order);
new text end
new text begin
(7) section 617.261 (nonconsensual dissemination of private sexual images); or
new text end
new text begin
(8) section 629.75 (violation of domestic abuse no contact order).
new text end
new text begin
(c) The court must waive payment of the assessment required under this subdivision on
a showing of indigency and may waive or reduce payment of the assessment on a showing
of undue hardship upon the convicted person or the convicted person's immediate family.
new text end
new text begin
(d) Assessments collected under this section must be deposited into the Minnesota victims
of crime account under section 299A.708.
new text end
new text begin
This section is effective July 1, 2025, and applies to sentences
announced on or after that date.
new text end
new text begin
For purposes of this section, the following terms have the
meaning given:
new text end
new text begin
(1) "recovered or confiscated" means any of the following:
new text end
new text begin
(i) obtained from a crime scene or in connection with a criminal investigation;
new text end
new text begin
(ii) seized by a law enforcement agency;
new text end
new text begin
(iii) forfeited to a law enforcement agency;
new text end
new text begin
(iv) acquired by a law enforcement agency as an abandoned or discarded firearm;
new text end
new text begin
(v) obtained following the unlawful discharge of a firearm; or
new text end
new text begin
(vi) otherwise obtained and reasonably believed to be connected to a crime; and
new text end
new text begin
(2) "law enforcement agency" does not include the State Patrol or the Department of
Natural Resources.
new text end
new text begin
(a) Each law enforcement agency shall register for the
United States Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing
Center's eTrace system, and opt-in to the system's collective data sharing feature.
new text end
new text begin
(b) Whenever a firearm is recovered or confiscated by a law enforcement agency, the
agency must, as soon as practicable, transmit information relating to the firearm to the
eTrace system.
new text end
Laws 2023, chapter 52, article 2, section 3, subdivision 2, is amended to read:
Subd. 2.Public Safety
|
1,000,000 | 2,250,000 | 2,000,000 |
(a) Public Safety Officer Survivor Benefits
$1,000,000 in fiscal year 2023, $1,000,000 in
fiscal year 2024, and $1,000,000 in fiscal year
2025 are for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either
year is insufficient, the appropriation for the
other year is available.new text begin This appropriation is
available until June 30, 2027.
new text end
(b) Soft Body Armor Reimbursements
$1,000,000 each year is for increases in the
base appropriation for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38. This is a onetime
appropriation.
(c) Firearm Storage Grants
$250,000 the first year is for grants to local or
state law enforcement agencies to support the
safe and secure storage of firearms owned by
persons subject to extreme risk protection
orders. The commissioner must apply for a
grant from the Byrne State Crisis Intervention
Program to supplement the funds appropriated
by the legislature for implementation of
Minnesota Statutes, sections 624.7171 to
624.7178 and 626.8481. Of the federal funds
received, the commissioner must dedicate at
least an amount that is equal to this
appropriation to fund safe and secure firearms
storage grants provided for under this
paragraph.
Laws 2023, chapter 52, article 2, section 3, subdivision 3, is amended to read:
Subd. 3.Emergency Management
|
7,330,000 | 4,417,000 |
Appropriations by Fund | ||
General | 7,211,000 | 4,290,000 |
Environmental | 119,000 | 127,000 |
(a) Supplemental Nonprofit Security Grants
$250,000 each year is for supplemental
nonprofit security grants under this paragraph.
This appropriation is onetime.
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program. This is a
onetime appropriation.
(b) Emergency Preparedness Staff
$550,000 each year is for additional
emergency preparedness staff members.
(c) Lake Superior Chippewa Tribal
Emergency Management Coordinator
$145,000 each year is for a grant to the Grand
Portage Band of Lake Superior Chippewa to
establish and maintain a Tribal emergency
management coordinator under Minnesota
Statutes, section 12.25.
(d) Grand Portage Band of Lake Superior
Chippewa Tribe Coast Guard Services
$3,000,000 the first year is for a grant to the
Grand Portage Band of Lake Superior
Chippewa to purchase equipment and fund a
position for coast guard services off the north
shore of Lake Superior.new text begin This appropriation is
available until June 30, 2027.
new text end
Laws 2023, chapter 52, article 2, section 3, subdivision 8, as amended by Laws
2023, chapter 69, section 12, and Laws 2024, chapter 123, article 1, section 11, and Laws
2024, chapter 123, article 9, section 3, is amended to read:
Subd. 8.Office of Justice Programs
|
94,758,000 | 80,434,000 |
Appropriations by Fund | ||
General | 94,662,000 | 80,338,000 |
State Government Special Revenue |
96,000 | 96,000 |
(a) Domestic and Sexual Violence Housing
$1,500,000 each year is to establish a
Domestic Violence Housing First grant
program to provide resources for survivors of
violence to access safe and stable housing and
for staff to provide mobile advocacy and
expertise in housing resources in their
community and a Minnesota Domestic and
Sexual Violence Transitional Housing
program to develop and support medium to
long term transitional housing for survivors
of domestic and sexual violence with
supportive services. The base for this
appropriation is $1,000,000 beginning in fiscal
year 2026.
(b) Federal Victims of Crime Funding Gap
$11,000,000 each year is to fund services for
victims of domestic violence, sexual assault,
child abuse, and other crimes. This is a
onetime appropriation.
(c) Office for Missing and Murdered Black
Women and Girls
$1,248,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered Black Women and Girls.
(d) Increased Staffing
$667,000 the first year and $1,334,000 the
second year are to increase staffing in the
Office of Justice Programs for grant
monitoring and compliance; provide training
and technical assistance to grantees and
potential grantees; conduct community
outreach and engagement to improve the
experiences and outcomes of applicants, grant
recipients, and crime victims throughout
Minnesota; expand the Minnesota Statistical
Analysis Center; and increase staffing for the
crime victim reimbursement program and the
Crime Victim Justice Unit.
(e) Office of Restorative Practices
$500,000 each year is to establish and
maintain the Office of Restorative Practices.
(f) Crossover and Dual-Status Youth Model
Grants
$1,000,000 each year is to provide grants to
local units of government to initiate or expand
crossover youth practices model and
dual-status youth programs that provide
services for youth who are involved with or
at risk of becoming involved with both the
child welfare and juvenile justice systems, in
accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model. This is a onetime appropriation.
(g) Restorative Practices Initiatives Grants
$4,000,000 each year is for grants to establish
and support restorative practices initiatives
pursuant to Minnesota Statutes, section
299A.95, subdivision 6, and for a restitution
grant program under Minnesota Statutes,
section 299A.955. This appropriation is
available until June 30, 2026. The base for this
appropriation is $2,500,000 beginning in fiscal
year 2026.
(h) Ramsey County Youth Treatment
Homes Acquisition and Betterment
$5,000,000 the first year is for a grant to
Ramsey County to establish, with input from
community stakeholders, including impacted
youth and families, up to seven intensive
trauma-informed therapeutic treatment homes
in Ramsey County that are licensed by the
Department of Human Services, that are
culturally specific, that are community-based,
and that can be secured. These residential
spaces must provide intensive treatment and
intentional healing for youth as ordered by the
court as part of the disposition of a case in
juvenile court. This appropriation is available
through June 30, deleted text begin 2026deleted text end new text begin 2027new text end .
(i) Ramsey County Violence Prevention
$5,000,000 the first year is for a grant to
Ramsey County to award grants to develop
new and further enhance existing
community-based organizational support
through violence prevention and community
wellness grants. Grantees must use the money
to create family support groups and resources
to support families during the time a young
person is placed out of home following a
juvenile delinquency adjudication and support
the family through the period of postplacement
reentry; create community-based respite
options for conflict or crisis de-escalation to
prevent incarceration or further systems
involvement for families; or establish
additional meaningful employment
opportunities for systems-involved youth. This
appropriation is available through June 30,
2027.
(j) Office for Missing and Murdered
Indigenous Relatives
$274,000 each year is for increased staff and
operating costs of the Office for Missing and
Murdered Indigenous Relatives, the Missing
and Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag
reward advisory group.
(k) Youth Intervention Programs
$3,525,000 the first year and $3,526,000 the
second year are for youth intervention
programs under Minnesota Statutes, section
299A.73. The base for this appropriation is
$3,526,000 in fiscal year 2026 and $3,525,000
in fiscal year 2027.
(l) Community Crime Intervention and
Prevention Grants
$750,000 each year is for community crime
intervention and prevention program grants,
authorized under Minnesota Statutes, section
299A.296. This is a onetime appropriation.
(m) Resources for Victims of Crime
$1,000,000 each year is for general crime
victim grants to meet the needs of victims of
crime not covered by domestic violence,
sexual assault, or child abuse services. This is
a onetime appropriation.
(n) Prosecutor Training
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. All training funded
with grant proceeds must contain blocks of
instruction on racial disparities in the criminal
justice system, collateral consequences to
criminal convictions, and trauma-informed
responses to victims. This is a onetime
appropriation.
The Minnesota County Attorneys Association
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the training provided with grant
proceeds, including a description of each
training and the number of prosecutors and
law enforcement officers who received
training. The report is due by February 15,
2025. The report may include trainings
scheduled to be completed after the date of
submission with an estimate of expected
participants.
(o) Minnesota Heals
$500,000 each year is for the Minnesota Heals
grant program. This is a onetime
appropriation.
(p) Sexual Assault Exam Costs
$3,967,000 the first year and $3,767,000 the
second year are to reimburse qualified health
care providers for the expenses associated with
medical examinations administered to victims
of criminal sexual conduct as required under
Minnesota Statutes, section 609.35, and for
costs to administer the program. The base for
this appropriation is $3,771,000 in fiscal year
2026 and $3,776,000 in fiscal year 2027.
(q) First Responder Mental Health
Curriculum
$75,000 each year is for a grant to the Adler
graduate school. The grantee must use the
grant to develop a curriculum for a 24-week
certificate to train licensed therapists to
understand the nuances, culture, and stressors
of the work environments of first responders
to allow those therapists to provide effective
treatment to first responders in distress. The
grantee must collaborate with first responders
who are familiar with the psychological,
cultural, and professional issues of their field
to develop the curriculum and promote it upon
completion.
The grantee may provide the program online.
The grantee must seek to recruit additional
participants from outside the 11-county
metropolitan area.
The grantee must create a resource directory
to provide law enforcement agencies with
names of counselors who complete the
program and other resources to support law
enforcement professionals with overall
wellness. The grantee shall collaborate with
the Department of Public Safety and law
enforcement organizations to promote the
directory. This is a onetime appropriation.
(r) Pathways to Policing
$400,000 each year is for reimbursement
grants to state and local law enforcement
agencies that operate pathway to policing
programs. Applicants for reimbursement
grants may receive up to 50 percent of the cost
of compensating and training program
participants. Reimbursement grants shall be
proportionally allocated based on the number
of grant applications approved by the
commissioner. This is a onetime appropriation.
(s) Direct Assistance to Crime Victim
Survivors
$5,000,000 each year is to provide grants for
direct services and advocacy for victims of
sexual assault, general crime, domestic
violence, and child abuse. Funding must
support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and for other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The office
shall prioritize culturally specific programs,
or organizations led and staffed by persons of
color that primarily serve communities of
color, when allocating funds.
(t) Racially Diverse Youth
$250,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. Of this amount,
$125,000 each year is to address this issue in
the Rochester area and $125,000 each year is
to address this issue in the St. Cloud area. A
grant recipient shall establish and operate a
pilot program connected to shelter services to
engage in community intervention outreach,
mobile case management, family reunification,
aftercare, and follow up when family members
are released from shelter services. A pilot
program must specifically address the high
number of racially diverse youth that enter
shelters in the regions. This is a onetime
appropriation.
(u) Violence Prevention Project Research
Center
$500,000 each year is for a grant to the
Violence Prevention Project Research Center,
operating as a 501(c)(3) organization, for
research focused on reducing violence in
society that uses data and analysis to improve
criminal justice-related policy and practice in
Minnesota. Research must place an emphasis
on issues related to deaths and injuries
involving firearms. This is a onetime
appropriation.
Beginning January 15, 2025, the Violence
Prevention Project Research Center must
submit an annual report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on its work and findings.
The report must include a description of the
data reviewed, an analysis of that data, and
recommendations to improve criminal
justice-related policy and practice in
Minnesota with specific recommendations to
address deaths and injuries involving firearms.
(v) Report on Approaches to Address Illicit
Drug Use in Minnesota
$118,000 each year is to enter into an
agreement with Rise Research LLC for a study
and set of reports on illicit drug use in
Minnesota describing current responses to that
use, reviewing alternative approaches utilized
in other jurisdictions, and making policy and
funding recommendations for a holistic and
effective response to illicit drug use and the
illicit drug trade. The agreement must establish
a budget and schedule with clear deliverables.
This appropriation is onetime.
The study must include a review of current
policies, practices, and funding; identification
of alternative approaches utilized effectively
in other jurisdictions; and policy and funding
recommendations for a response to illicit drug
use and the illicit drug trade that reduces and,
where possible, prevents harm and expands
individual and community health, safety, and
autonomy. Recommendations must consider
impacts on public safety, racial equity,
accessibility of health and ancillary supportive
social services, and the intersections between
drug policy and mental health, housing and
homelessness, overdose and infectious disease,
child welfare, and employment.
Rise Research may subcontract and coordinate
with other organizations or individuals to
conduct research, provide analysis, and
prepare the reports required by this section.
Rise Research shall submit reports to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety finance and policy, human
services finance and policy, health finance and
policy, and judiciary finance and policy. Rise
Research shall submit an initial report by
February 15, 2024, and a final report by March
1, 2025.
(w) Legal Representation for Children
$150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. These appropriations are in addition to
any other appropriations for the legal
representation of children. This appropriation
is onetime.
(x) Pretrial Release Study and Report
$250,000 each year are for a grant to the
Minnesota Justice Research Center to study
and report on pretrial release practices in
Minnesota and other jurisdictions, including
but not limited to the use of bail as a condition
of pretrial release. This appropriation is
onetime.
(y) Intensive Comprehensive Peace Officer
Education and Training Program
$5,000,000 the first year is to implement the
intensive comprehensive peace officer
education and training program described in
Minnesota Statutes, section 626.8516. This
appropriation is available through June 30,
2027.
(z) Youth Services Office
$250,000 each year is to operate the Youth
Services Office.
Laws 2023, chapter 68, article 1, section 4, subdivision 2, is amended to read:
Subd. 2.Administration and Related Services
|
(a) Office of Communications |
896,000 | 1,148,000 |
This appropriation is from the general fund.
(b) Public Safety Support |
9,976,000 | 11,773,000 |
Appropriations by Fund | ||
2024 | 2025 | |
General | 5,049,000 | 6,564,000 |
Trunk Highway | 4,927,000 | 5,209,000 |
$1,482,000 in each year is from the general
fund for staff and operating costs related to
public engagement activities.
(c) Public Safety Officer Survivor Benefits |
640,000 | 640,000 |
This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44. If the appropriation for either year
is insufficient, the appropriation for the other
year is available for it.new text begin This appropriation is
available until June 30, 2027.
new text end
(d) Public Safety Officer Reimbursements |
1,367,000 | 1,367,000 |
This appropriation is from the general fund
for transfer to the public safety officer's benefit
account. This appropriation is available for
reimbursements under Minnesota Statutes,
section 299A.465.
(e) Soft Body Armor Reimbursements |
745,000 | 745,000 |
This appropriation is from the general fund
for soft body armor reimbursements under
Minnesota Statutes, section 299A.38.
(f) Technology and Support Services |
6,712,000 | 6,783,000 |
Appropriations by Fund | ||
2024 | 2025 | |
General | 1,645,000 | 1,684,000 |
Trunk Highway | 5,067,000 | 5,099,000 |
new text begin
As used in this section, "mandatory minimum" means
legislatively defined, predetermined sentencing requirements, including but not limited to
sentencing requirements under Minnesota Statutes, sections 152.021, 152.022, and 609.11,
that mandate a minimum period of commitment to the commissioner of corrections upon
conviction for certain offenses.
new text end
new text begin
The Task Force on Mandatory Minimum Sentences is
established to collect and analyze data on the charging, convicting, and sentencing of persons
to mandatory minimum sentences; assess whether current laws and practices promote public
safety and equity in sentencing; and make recommendations to the legislature.
new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) the commissioner of corrections, or a designee;
new text end
new text begin
(2) the executive director of the Minnesota Sentencing Guidelines Commission, or a
designee;
new text end
new text begin
(3) the state public defender, or a designee;
new text end
new text begin
(4) the statewide coordinator of the Violent Crime Coordinating Council, or a designee;
new text end
new text begin
(5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end
new text begin
(6) two county attorneys, one from Hennepin or Ramsey County and one from outside
the seven-county metropolitan area, appointed by the Minnesota County Attorneys
Association;
new text end
new text begin
(7) a peace officer familiar with shooting investigations, appointed by the Minnesota
Sheriffs' Association;
new text end
new text begin
(8) a peace officer familiar with shooting investigations, appointed by the Minnesota
Chiefs of Police Association;
new text end
new text begin
(9) one member representing a victims' rights organization, appointed by the senate
majority leader;
new text end
new text begin
(10) one member of a statewide civil rights organization, appointed by the speaker of
the house of representatives;
new text end
new text begin
(11) one retired district court judge, appointed by the chief justice;
new text end
new text begin
(12) one impacted person who is directly related to a person who has been convicted of
a mandatory minimum sentence or who has themselves been convicted of a mandatory
minimum sentence and has completed the sentence, appointed by the governor; and
new text end
new text begin
(13) one person with academic expertise regarding the laws and practices of other states
relating to mandatory minimum sentences, appointed by the governor.
new text end
new text begin
(b) Appointments must be made no later than July 30, 2025.
new text end
new text begin
(c) Members shall serve without compensation.
new text end
new text begin
(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2025, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of mandatory minimum sentences.
new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) collect and analyze data on charges, convictions, and sentences that involve mandatory
minimum sentences;
new text end
new text begin
(2) collect and analyze data on mandatory minimum sentences in which a person received
a mitigated durational departure because the mandatory minimum sentence was seen as
inappropriate by a judge or county attorney, or both;
new text end
new text begin
(3) collect and analyze data on mandatory minimum sentences in which a person likely
would have received a mitigated durational departure but for the enforcement of a mandatory
minimum sentence;
new text end
new text begin
(4) collect and analyze data on charges, convictions, and sentences for codefendants of
persons sentenced to a mandatory minimum sentence;
new text end
new text begin
(5) review relevant state statutes and state and federal court decisions;
new text end
new text begin
(6) receive input from persons who were convicted of a crime with a mandatory minimum
sentence;
new text end
new text begin
(7) receive input from family members of persons who were convicted of a crime with
a mandatory minimum sentence;
new text end
new text begin
(8) receive input from persons who were victims of crimes with a mandatory minimum
sentence;
new text end
new text begin
(9) receive input from family members of persons who were victims of crimes with a
mandatory minimum sentence;
new text end
new text begin
(10) analyze the benefits and unintended consequences of state statutes and practices
related to the charging, convicting, and sentencing of persons of crimes with mandatory
minimum sentences, including but not limited to an analysis of whether current statutes and
practices:
new text end
new text begin
(i) promote public safety; and
new text end
new text begin
(ii) properly punish a person for that person's role in an offense; and
new text end
new text begin
(11) make recommendations for legislative action, if any, on laws affecting:
new text end
new text begin
(i) the collection and reporting of data; and
new text end
new text begin
(ii) the charging, convicting, and sentencing of persons for crimes with mandatory
minimum sentences.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end
new text begin
On or before August 15, 2026, the task force shall submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of the task force.
new text end
new text begin
The task force expires the day after submitting the report under
subdivision 6.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 13.82, subdivision 1, is amended to read:
This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police departments, county
sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
State Patrol, the Board of Peace Officer Standards and Training, deleted text begin the Department of
Commerce,deleted text end and county human service agency client and provider fraud investigation,
prevention, and control units operated or supervised by the Department of Human Services.
Minnesota Statutes 2024, section 43A.17, subdivision 13, is amended to read:
(a) For purposes of this
subdivision, the term "law enforcement officers" means all licensed peace officers employed
by the state who are included in the state units under section 179A.10, subdivision 2,
including without limitation: Minnesota State Patrol troopers, Bureau of Criminal
Apprehension agents, new text begin including Financial Crimes and Fraud Section agents, new text end and Alcohol
and Gambling Enforcement agents, in the Department of Public Safety; Department of
Natural Resources conservation officers; new text begin and new text end Department of Corrections Fugitive
Apprehension Unit membersdeleted text begin ; and Commerce Fraud Bureau agents in the Department of
Commercedeleted text end .
(b) When the commissioner of management and budget negotiates a collective bargaining
agreement establishing compensation for law enforcement officers, the commissioner must
use compensation and benefit data from the most recent salary and benefits survey conducted
pursuant to section 299D.03, subdivision 2a, to compare salaries to ensure appropriate
increases are made to law enforcement officer salaries and benefits.
Minnesota Statutes 2024, section 45.0135, subdivision 2b, is amended to read:
The new text begin commissioner of new text end commerce deleted text begin Fraud Bureau shalldeleted text end new text begin maynew text end :
(1) review notices and reports deleted text begin within the Commerce Fraud Bureau's primary jurisdictiondeleted text end
submitted by authorized insurers, their employees, and agents or producersnew text begin regarding
insurance fraud, as defined in section 60A.951, subdivision 4new text end ;
deleted text begin
(2) respond to notifications or complaints within the Commerce Fraud Bureau's primary
jurisdiction generated by other law enforcement agencies, state or federal governmental
units, or any other person;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end initiate inquiries and conduct investigations new text begin under section 45.027 new text end when the deleted text begin bureaudeleted text end new text begin
commissionernew text end has reason to believe that deleted text begin an offense within the Commerce Fraud Bureau's
primary jurisdictiondeleted text end new text begin insurance fraud, as defined in section 60A.951, subdivision 4,new text end has been
or is being committed; and
deleted text begin
(4) report crimes disclosed by the Commerce Fraud Bureau's investigations to appropriate
law enforcement agencies, including, but not limited to, the attorney general, county
attorneys, or any other appropriate law enforcement or regulatory agency, and shall assemble
evidence, prepare charges, and otherwise assist any law enforcement authority having
jurisdiction.
deleted text end
new text begin
(3) share active investigative data pursuant to section 13.39 concerning insurance fraud
with the commissioner of public safety and the Bureau of Criminal Apprehension.
new text end
Minnesota Statutes 2024, section 45.0135, is amended by adding a subdivision to
read:
new text begin
(a) The Bureau of Criminal
Apprehension shall conduct investigations of criminal insurance fraud, as defined in section
609.611, in accordance with section 299C.061.
new text end
new text begin
(b) The commissioner shall report criminal insurance fraud-related crimes disclosed by
the Department of Commerce's investigations of civil insurance fraud to the Bureau of
Criminal Apprehension.
new text end
Minnesota Statutes 2024, section 45.0135, subdivision 6, is amended to read:
The insurance fraud prevention account
is created in the state treasury. Money received from assessments under deleted text begin subdivision 7deleted text end new text begin section
299C.061, subdivision 10,new text end and transferred from the automobile theft prevention account in
sections 65B.84, subdivision 1, and 297I.11, subdivision 2, is deposited in the account.
Money in this fund is appropriated to the commissioner of deleted text begin commercedeleted text end new text begin public safetynew text end for the
purposes specified in this section and sections 60A.951 to 60A.956.
Minnesota Statutes 2024, section 45.0135, subdivision 7, is amended to read:
Each insurer authorized to sell insurance in the state of Minnesota,
including surplus lines carriers, and having Minnesota earned premium the previous calendar
year shall remit an assessment to the commissioner new text begin of public safety new text end for deposit in the
insurance fraud prevention account on or before June 1 of each year. The amount of the
assessment shall be based on the insurer's total assets and on the insurer's total written
Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.
new text begin The commissioner of public safety shall consult with the commissioner of commerce for
purposes of calculating the assessment amount. new text end Beginning with the payment due on or
before June 1, 2024, the assessment amount is:
Total Assets | Assessment | |||
Less than $100,000,000 | $ | 400 | ||
$100,000,000 to $1,000,000,000 | $ | 1,500 | ||
Over $1,000,000,000 | $ | 4,000 | ||
Minnesota Written Premium | Assessment | |||
Less than $10,000,000 | $ | 400 | ||
$10,000,000 to $100,000,000 | $ | 1,500 | ||
Over $100,000,000 | $ | 4,000 |
For purposes of this subdivision, the following entities are not considered to be insurers
authorized to sell insurance in the state of Minnesota: risk retention groups; or township
mutuals organized under chapter 67A.
Minnesota Statutes 2024, section 45.0135, subdivision 8, is amended to read:
(a) The deleted text begin Commerce Fraud Bureaudeleted text end new text begin
Bureau of Criminal Apprehensionnew text end may consult with the appropriate health-related board
when a licensee, licensed under chapter 144E, 147, 148, 148B, or 150A, is suspected of
insurance fraud.
(b) The bureau shall, for any conviction involving or related to insurance, send copies
of all public data in its possession to the appropriate health-related licensing board.
Minnesota Statutes 2024, section 45.0135, subdivision 9, is amended to read:
(a) The commissioner may:
(1) impose an administrative penalty against any person in an amount as set forth in
paragraph (b) for each intentional act of insurance fraud or substantiated acts of attempted
insurance fraudnew text begin ,new text end as defined in section 60A.951, subdivision 4, committed by that person;
(2) order restitution to any person suffering loss as a result of the insurance fraud; and
(3) order restitution to a company for the reasonable documented cost of any investigation
in connection with the insurance fraud.
(b) The administrative penalty for each violation described in paragraph (a) may be no
more than:
(1) $20,000 if the funds or the value of the property or services wrongfully obtained
exceeds $5,000;
(2) $10,000 if the funds or value of the property or services wrongfully obtained exceeds
$1,000, but not more than $5,000;
(3) $3,000 if the funds or value of the property or services wrongfully obtained is more
than $500, but not more than $1,000; and
(4) $1,000 if the funds or value of the property or services wrongfully obtained is $500
or less.
(c) If an administrative penalty is not paid after all rights of appeal have been waived
or exhausted, the commissioner may bring a civil action in a court of competent jurisdiction
to collect the administrative penalty, including expenses and litigation costs, reasonable
attorney fees, and interest.
(d) This section does not affect a person's right to seek recovery, including expenses
and litigation costs, reasonable attorney fees, and interest, against any person that commits
insurance fraud.
(e) For purposes of this subdivision, "insurance fraud" has the meaning given in section
60A.951, subdivision 4.
(f) Hearings under this subdivision must be conducted in accordance with chapter 14
and any other applicable law.
(g) All revenues from penalties, expenses, costs, fees, and interest collected under
paragraphs (a) to (c) shall be deposited deleted text begin indeleted text end new text begin intonew text end the insurance fraud prevention account under
deleted text begin subdivision 6deleted text end new text begin section 299C.061, subdivision 9new text end .
Minnesota Statutes 2024, section 60A.951, subdivision 2, is amended to read:
"Authorized person" means the county attorney, sheriff,
or chief of police responsible for investigations in the county where the suspected insurance
fraud occurred; the superintendent of the Bureau of Criminal Apprehension; the commissioner
of commerce; deleted text begin the Commerce Fraud Bureau;deleted text end the commissioner of labor and industry; the
attorney general; or any duly constituted criminal investigative department or agency of the
United States.
Minnesota Statutes 2024, section 60A.952, subdivision 2, is amended to read:
Any insurer or insurance professional that has reasonable belief
that an act of insurance fraud will be, is being, or has been committed, shall furnish and
disclose all relevant information to the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal
Apprehensionnew text end or to any authorized person and cooperate fully with any investigation
conducted by the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end . Any person
that has a reasonable belief that an act of insurance fraud will be, is being, or has been
committed, or any person who collects, reviews, or analyzes information concerning
insurance fraudnew text begin ,new text end may furnish and disclose any information in its possession concerning the
act to the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end , any authorized
person, or to an authorized representative of an insurer that requests the information for the
purpose of detecting, prosecuting, or preventing insurance fraud. The insurer may also
release relevant information to any person authorized to receive the information under
section 72A.502, subdivision 2. If disclosure is made to an authorized person other than the
deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end , a copy of the disclosure must
be sent to the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end .
Minnesota Statutes 2024, section 60A.952, subdivision 4, is amended to read:
If an insurer has a reasonable or probable cause to
believe that an insurance fraud has been committed in connection with an insurance claim,
and has properly notified the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end
of its suspicions according to subdivision 2, the notification tolls any applicable time period
in any unfair claims practices statute or related regulations, or any action on the claim against
the insurer to whom the claim had been presented for bad faith, until 30 days after
determination by the deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal Apprehensionnew text end and notice
to the insurer that the deleted text begin divisiondeleted text end new text begin Bureau of Criminal Apprehensionnew text end will not recommend action
on the claim.
Minnesota Statutes 2024, section 60A.952, subdivision 5, is amended to read:
The deleted text begin Commerce Fraud Bureaudeleted text end new text begin Bureau of Criminal
Apprehensionnew text end , in cooperation with authorized insurers and insurance professionals, may
establish a voluntary fund to reward persons not connected with the insurance industry who
provide information or furnish evidence leading to the arrest and conviction of persons
responsible for insurance fraud.
Minnesota Statutes 2024, section 60A.954, subdivision 2, is amended to read:
The commissioner may review each insurer's antifraud plan to determine
whether it complies with the requirements of this section. If the commissioner finds that an
insurer's antifraud plan does not comply with the requirements of this section, the
commissioner shall disapprove the plan and send a notice of disapproval, along with the
reasons for disapproval, to the insurer. An insurer whose antifraud plan has been disapproved
by the commissioner shall submit a new plan to the commissioner within 60 days after the
plan was disapproved. The commissioner may examine an insurer's procedures to determine
whether the insurer is complying with its antifraud plan. The commissioner shall withhold
from public inspection any part of an insurer's antifraud plan for so long as the commissioner
deems the withholding to be in the public interest.new text begin The commissioner may share an insurer's
complete antifraud plan with the Bureau of Criminal Apprehension.
new text end
Minnesota Statutes 2024, section 60A.956, is amended to read:
Nothing in sections 60A.951 to 60A.956 preempts the authority of or relieves the duty
of any other law enforcement agencies to investigate and prosecute alleged violations of
law, prevents or prohibits a person from voluntarily disclosing any information concerning
insurance fraud to any law enforcement agency other than the deleted text begin Commerce Fraud Bureaudeleted text end new text begin
Bureau of Criminal Apprehensionnew text end , or limits any of the powers granted elsewhere by the
laws of this state to the commissioner of commerce to investigate alleged violations of law
and to take appropriate action.
Minnesota Statutes 2024, section 65B.84, is amended to read:
(a) The
commissioner of deleted text begin commercedeleted text end new text begin public safetynew text end shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of deleted text begin public safetydeleted text end new text begin commercenew text end ,
pursuant to subdivision 3 from the automobile theft prevention special revenue account for
automobile theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and
(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
deleted text begin 45.0135, subdivision 6deleted text end new text begin 299C.061, subdivision 9new text end .
(d) The commissioner must establish a library of equipment to combat automobile-related
theft offenses. The equipment must be available to all law enforcement agencies upon
request to support law enforcement agency efforts to combat automobile theft.
By September 30 each year, the commissioner new text begin of public safety
new text end shall report to the governor and the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over the deleted text begin Departmentsdeleted text end new text begin Departmentnew text end
of deleted text begin Commerce anddeleted text end Public Safety on the activities and expenditures in the preceding year.
(a) A county attorney's office, law enforcement
agency, neighborhood organization, community organization, or business organization may
apply for a grant under this section. Multiple offices or agencies within a county may apply
for a grant under this section.
(b) The commissionernew text begin of public safetynew text end , in consultation with the commissioner of deleted text begin public
safetydeleted text end new text begin commercenew text end , must develop criteria for the fair distribution of grants from the automobile
theft prevention account that address the following factors:
(1) the number of reported automobile thefts per capita in a city, county, or region, not
merely the total number of automobile thefts;
(2) the population of the jurisdiction of the applicant office or agency;
(3) the total funds distributed within a county or region; and
(4) the statewide interest in automobile theft reduction.
(c) The commissioner may give priority to:
(1) offices and agencies engaged in a collaborative effort to reduce automobile theft;
and
(2) counties or regions with the greatest rates of automobile theft.
(d) The minimum amount of a grant award is $5,000. After considering the automobile
theft rate and total population of an applicant's jurisdiction, if a grant award, as determined
under the criteria and priorities in this subdivision, would be less than $5,000, it must not
be awarded.
An Automobile Theft Prevention
Advisory Board is established to advise the commissioner on the distribution of grants under
this section. The board must consist of seven members appointed by the commissioner new text begin of
public safety new text end and must include representatives of law enforcement, prosecuting agencies,
automobile insurers, and the public. The commissioner must annually select a chair from
among its members.
For purposes of this section, "automobile theft" includes
automobile-related theft.
Minnesota Statutes 2024, section 268.19, subdivision 1, is amended to read:
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry deleted text begin and the Commerce Fraud Bureau indeleted text end new text begin ,new text end the
Department of Commercenew text begin , and the Bureau of Criminal Apprehensionnew text end for uses consistent
with the administration of their duties under Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) the Department of Human Services for the purpose of evaluating medical assistance
services and supporting program improvement;
(11) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 142E, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(14) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(17) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201;
(18) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System; and
(19) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268B.
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
Minnesota Statutes 2024, section 268B.30, is amended to read:
(a) Except as provided by this section, data collected, created, or maintained under this
chapter are private data on individuals or nonpublic data not on individuals as defined in
section 13.02, subdivisions 9 and 12, and must not be disclosed except according to a district
court order or section 13.05. A subpoena is not considered a district court order.
(b) Data classified under paragraph (a) may be disseminated to and used by the following
without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) the unemployment insurance division, to the extent necessary to administer the
programs established under this chapter and chapter 268;
(3) employers, to the extent necessary to support adjudication of application requests
and to support the employer's administration of a leave of absence;
(4) health care providers, to the extent necessary to support verification of health care
conditions and qualifying events;
(5) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(6) human rights agencies within Minnesota that have enforcement powers;
(7) the Department of Revenue, to the extent necessary for its duties under Minnesota
laws;
(8) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(9) the Department of Labor and Industry deleted text begin and the Commerce Fraud Bureau indeleted text end new text begin ,new text end the
Department of Commercenew text begin , and the Bureau of Criminal Apprehensionnew text end for uses consistent
with the administration of their duties under Minnesota law;
(10) the Department of Human Services and the Office of Inspector General and its
agents within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(11) the Department of Public Safety for support in identity verification;
(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(13) the Department of Health for the purposes of epidemiologic investigations;
(14) the Department of Corrections for the purposes of tracking incarceration of
applicants; and
(15) contracted third parties, to the extent necessary to aid in identity verification,
adjudication, administration, and evaluation of the program.
(c) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268B.19, 268B.21, 268B.22, or 268B.23 are
confidential as to data on individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under
statute or district court order or to a party named in a criminal proceeding, administrative
or judicial, for preparation of a defense.
(d) Data gathered by the department in the administration of this chapter must not be
made the subject or the basis for any suit in any civil proceedings, administrative or judicial,
unless the action is initiated by the department.
Minnesota Statutes 2024, section 297I.11, subdivision 2, is amended to read:
A special revenue account in the state
treasury shall be credited with the proceeds of the surcharge imposed under subdivision 1.
Of the revenue in the account, $1,300,000 each year must be transferred to the insurance
fraud prevention account under section deleted text begin 45.0135, subdivision 6deleted text end new text begin 299C.061, subdivision 9new text end .
Revenues in excess of $1,300,000 each year may be used only for the automobile theft
prevention program described in section 65B.84.
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Fraud involving state funded or administered programs or services" includes any
violation of section 609.445, 609.465, 609.466, 609.52, 609.5523, 609.611, 609.651,
609.7475, or 609.821 involving a state agency or state-funded or administered program or
service.
new text end
new text begin
(c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin
(d) "Section" means the Financial Crimes and Fraud Section of the Bureau of Criminal
Apprehension.
new text end
new text begin
(e) "State agency" has the meaning given in section 13.02, subdivision 17.
new text end
new text begin
(f) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end
new text begin
The superintendent shall operate the
Financial Crimes and Fraud Section within the Bureau of Criminal Apprehension to conduct
investigations into insurance fraud, financial crimes, wage theft, and fraud involving
state-funded or administered programs or services. The Section shall be partially or fully
comprised of licensed peace officers. Members of this Section have the full authorities
specified in chapter 299C and are not limited to the duties enumerated in this statutory
section.
new text end
new text begin
The Financial Crimes and Fraud Section shall:
new text end
new text begin
(1) review notices and reports of insurance fraud and related crimes submitted by
authorized insurers, their employees, and agents or producers pursuant to sections 60A.951
to 60A.956;
new text end
new text begin
(2) initiate inquiries and conduct investigations when the Section has reason to believe
that any of the following offenses have been or are being committed:
new text end
new text begin
(i) fraud involving state-funded or administered programs or services in subdivision 1,
paragraph (b);
new text end
new text begin
(ii) insurance fraud and related crimes, as defined in sections 60A.951, subdivision 4,
and 609.611, and support of those activities;
new text end
new text begin
(iii) wage theft and related crimes; and
new text end
new text begin
(iv) any other financial crimes; and
new text end
new text begin
(3) operate the automobile theft prevention program under section 65B.84.
new text end
new text begin
(a) Except as provided in paragraphs
(b) and (d), a state agency shall refer all suspected fraudulent activity under the provisions
in subdivision 1, paragraph (b), equaling $100,000 or more to the Section for evaluation
and investigation or appropriate referral. Upon receipt of the referral, the Section shall
review and, where appropriate, conduct criminal investigations into the allegations. The
Section has sole discretion as to which allegations are investigated further, referred back to
the reporting agency for appropriate regulatory investigation, or referred to another law
enforcement agency with appropriate jurisdiction.
new text end
new text begin
(b) When acting in a civil or criminal law enforcement capacity and permitted by
applicable law or order, the attorney general may, in the attorney general's discretion, refer
suspected fraudulent activity under the provisions in subdivision 1, paragraph (b), to the
Section for evaluation and investigation or appropriate referral in accordance with paragraph
(a).
new text end
new text begin
(c) Notwithstanding paragraph (b), this section has no effect on the authority of the
attorney general to investigate and enforce violations or suspected violations of Minnesota
civil or criminal law.
new text end
new text begin
(d) Referral to the Section under this subdivision is not required when a state agency is
required to refer the fraudulent activity to the state Medicaid Fraud Control Unit in
accordance with Code of Federal Regulations, title 42, section 455.21(A)(1)(a), and section
256B.04, subdivision 10.
new text end
new text begin
A state agency may refer suspected fraud involving
state-funded or administered programs or services equaling less than $100,000 to the Section
for investigation. Upon referral, the Section shall:
new text end
new text begin
(1) accept the referral and, where appropriate, conduct criminal investigations into the
allegations and make appropriate referrals for criminal prosecution; or
new text end
new text begin
(2) redirect the referral to another appropriate law enforcement agency or civil
investigative authority, offering assistance where appropriate.
new text end
new text begin
Notwithstanding chapter 13 or any other statute
related to the classification of government data to the contrary, state agencies making a
referral under subdivision 4 or 5 shall provide data related to the suspected fraudulent activity
to the Section, including data classified as not public. The Section may share active criminal
investigative data concerning insurance fraud with the Department of Commerce.
new text end
new text begin
By January 15 of each year, each state agency must
report all suspected fraud incurred by the agency that involves state-funded or administered
programs or services equaling $10,000 or more to the Section to be summarized in the report
under subdivision 8. This subdivision does not apply to information obtained by the attorney
general when acting in a civil or criminal law enforcement capacity.
new text end
new text begin
(a) By February 1 of each year, the superintendent shall report
to the commissioner, the governor, and the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety policy and finance, and commerce
consumer protection policy and finance, the following information pertaining to the Section
since the previous report:
new text end
new text begin
(1) the number of investigations initiated;
new text end
new text begin
(2) the number of allegations investigated;
new text end
new text begin
(3) the outcomes or current status of each investigation;
new text end
new text begin
(4) the charging decisions made by the prosecuting authority of incidents investigated
by the Section;
new text end
new text begin
(5) the number of plea agreements reached in incidents investigated by the Section;
new text end
new text begin
(6) the number of reports received under subdivision 7;
new text end
new text begin
(7) the number of state agency referrals to the state Medicaid Fraud Control Unit reported
to the superintendent under paragraph (b); and
new text end
new text begin
(8) any other information relevant to the Section's responsibilities.
new text end
new text begin
(b) No later than January 15 of each odd-numbered year, each state agency that is required
to make referrals to the state Medicaid Fraud Control Unit in accordance with Code of
Federal Regulations, title 42, section 455.21(A)(1)(a), and section 256B.04, subdivision 10,
shall report the following information to the superintendent for the two previous calendar
years:
new text end
new text begin
(1) the number of cases referred to the state Medicaid Fraud Control Unit;
new text end
new text begin
(2) the number of referrals accepted by the state Medicaid Fraud Control Unit; and
new text end
new text begin
(3) the number of referrals declined by the state Medicaid Fraud Control Unit.
new text end
new text begin
One hundred percent of the funding allocated to the Bureau
of Criminal Apprehension for the assessment in subdivision 10 may only be used for the
investigation of insurance fraud and related crimes, as defined in sections 60A.951,
subdivision 4, and 609.611, and support of those activities.
new text end
new text begin
(a) Subdivisions 1, 2, 3, 6, and 9 are effective July 1, 2025.
new text end
new text begin
(b) Subdivisions 4, 5, 7, and 8 are effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 299C.40, subdivision 1, is amended to read:
(a) The definitions in this subdivision apply to this section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located in
the Department of Public Safety and managed by the Bureau of Criminal Apprehension. A
reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department, the
Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota
Police Department, the Department of Corrections Fugitive Apprehension Unit, a Minnesota
county sheriff's department, the Enforcement Division of the Department of Natural
Resources, deleted text begin the Commerce Fraud Bureau,deleted text end the Bureau of Criminal Apprehension, or the
Minnesota State Patrol.
Minnesota Statutes 2024, section 609.531, subdivision 1, is amended to read:
For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given deleted text begin themdeleted text end .
(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, deleted text begin the Department
of Commerce Fraud Bureau,deleted text end the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District
Department of Public Safety, the Department of Natural Resources Division of Enforcement,
the University of Minnesota Police Department, the Department of Corrections Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22;
and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247;
609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a,
clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i);
609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision
1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
Minnesota Statutes 2024, section 626.05, subdivision 2, is amended to read:
The term "peace officer," as used in sections 626.04 to 626.17,
means a person who is licensed as a peace officer in accordance with section 626.84,
subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer,
agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and
Gambling Enforcement, deleted text begin peace officer of the Commerce Fraud Bureau,deleted text end University of
Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of
Corrections Fugitive Apprehension Unit member, State Patrol trooper as authorized by
section 299D.03, or railroad peace officer as authorized by section 219.995 and United
States Code, title 49, section 28101.
Minnesota Statutes 2024, section 626.84, subdivision 1, is amended to read:
For purposes of sections 626.84 to 626.863, the following
terms have the meanings given deleted text begin themdeleted text end :
(a) "Board" means the Board of Peace Officer Standards and Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a political subdivision or law
enforcement agency who is licensed by the board, charged with the prevention and detection
of crime and the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of
Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police
officers, Department of Corrections Fugitive Apprehension Unit officers, deleted text begin Department of
Commerce Fraud Bureau Unit officers,deleted text end the statewide coordinator of the Violent Crime
Coordinating Council, and railroad peace officers as authorized by section 219.995 and
United States Code, title 49, section 28101; and
(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is
licensed by the board.
(d) "Part-time peace officer" means an individual licensed by the board whose services
are utilized by law enforcement agencies no more than an average of 20 hours per week,
not including time spent on call when no call to active duty is received, calculated on an
annual basis, who has either full powers of arrest or authorization to carry a firearm while
on active duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title conferred upon the
individual by any law enforcement agency.
(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance, and shall include reserve deputies, special
deputies, mounted or unmounted patrols, and all other employees or volunteers performing
reserve officer functions. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest or authorization
to carry a firearm on duty.
(f) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state;
(2) subject to the limitations in section 626.93, a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e); and
(3) subject to the limitation of section 219.995, a railroad company.
(g) "Professional peace officer education" means a postsecondary degree program, or a
nondegree program for persons who already have a college degree, that is offered by a
college or university in Minnesota, designed for persons seeking licensure as a peace officer,
and approved by the board.
(h) "Railroad peace officer" means an individual as authorized under United States Code,
title 49, section 28101:
(1) employed by a railroad for the purpose of aiding and supplementing law enforcement
agencies in the protection of property owned by or in the care, custody, or control of a
railroad and to protect the persons and property of railroad passengers and employees; and
(2) licensed by the board.
new text begin
The revisor of statutes shall renumber the subdivisions in column A with the number
listed in column B. The revisor shall also make necessary cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with the renumbering.
new text end
new text begin
Column A new text end |
new text begin
Column B new text end |
|
new text begin
45.0135, subdivision 6 new text end |
new text begin
299C.061, subdivision 9 new text end |
|
new text begin
45.0135, subdivision 7 new text end |
new text begin
299C.061, subdivision 10 new text end |
|
new text begin
45.0135, subdivision 8 new text end |
new text begin
299C.061, subdivision 11 new text end |
|
new text begin
45.0135, subdivision 9 new text end |
new text begin
299C.061, subdivision 12 new text end |
|
new text begin
299C.061, subdivision 9 new text end |
new text begin
299C.061, subdivision 13 new text end |
new text begin
Minnesota Statutes 2024, sections 45.0135, subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, and 5;
and 325E.21, subdivision 2b,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:
(a) A person is guilty of a controlled substance crime in
the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more, or 100 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses:
(i) 50 kilograms or more of cannabis flower;
(ii) ten kilograms or more of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than one kilogram of
tetrahydrocannabinols.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:
(a) A person is guilty of controlled substance crime in the
second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more, or 50 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses:
(i) 25 kilograms or more of cannabis flower;
(ii) five kilograms or more of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than 500 grams of
tetrahydrocannabinols.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Minnesota Statutes 2024, section 152.023, subdivision 2, is amended to read:
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroin or fentanyl;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii)
a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged
in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses:
(i) more than ten kilograms of cannabis flower;
(ii) more than two kilograms of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than 200 grams of
tetrahydrocannabinol; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Minnesota Statutes 2024, section 152.025, subdivision 2, is amended to read:
new text begin (a)new text end A person is guilty of controlled substance
crime in the fifth degree and upon conviction may be sentenced as provided in subdivision
4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of
one or more mixtures of controlled substances contained in drug paraphernalia; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text begin
(b) For the purposes of this subdivision, a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid.
new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Minnesota Statutes 2024, section 152.137, subdivision 1, is amended to read:
(a) As used in this section, the following terms have the
meanings given.
(b) "Chemical substance" means a substance intended to be used as a precursor in the
manufacture of methamphetamine or any other chemical intended to be used in the
manufacture of methamphetamine.
(c) "Child" means any person under the age of 18 years.
new text begin
(d) "Fentanyl" has the meaning given in section 152.01, subdivision 25.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end "Methamphetamine paraphernalia" means all equipment, products, and materials
of any kind that are used, intended for use, or designed for use in manufacturing, injecting,
ingesting, inhaling, or otherwise introducing methamphetamine into the human body.
deleted text begin (e)deleted text end new text begin (f)new text end "Methamphetamine waste products" means substances, chemicals, or items of
any kind used in the manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing methamphetamine.
deleted text begin (f)deleted text end new text begin (g)new text end "Vulnerable adult" has the meaning given in section 609.232, subdivision 11.
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 152.137, subdivision 2, is amended to read:
(a) No person may knowingly engage in any of the
following activities in the presence of a child or vulnerable adult; in the residence of a child
or a vulnerable adult; in a building, structure, conveyance, or outdoor location where a child
or vulnerable adult might reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit residential building:
(1) manufacturing or attempting to manufacture methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or vulnerable adult to inhale, be
exposed to, have contact with, or ingest methamphetamine, a chemical substance, or
methamphetamine paraphernalia.
new text begin
(c) No person may knowingly cause or permit a child to inhale, be exposed to, have
contact with, or ingest fentanyl.
new text end
new text begin
(d) Paragraphs (b) and (c) do not apply to manufacturers, practitioners, pharmacists,
owners of pharmacies, nurses, and other persons when the manufacturer, practitioner,
pharmacist, owner of a pharmacy, nurse, or other person is acting in a professional capacity.
new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 609.2231, subdivision 2, is amended to read:
new text begin (a) Except as provided in
paragraph (b), new text end whoever new text begin physically new text end assaults any of the following persons deleted text begin and inflicts
demonstrable bodily harmdeleted text end is guilty of a deleted text begin felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or bothdeleted text end new text begin gross
misdemeanornew text end :
(1) new text begin either:
new text end
new text begin (i) new text end a member of a municipal or volunteer fire departmentnew text begin in the performance of the
member's duties;new text end or
new text begin (ii) a member of an new text end emergency medical services personnel unit in the performance of
the member's duties; or
(2) a physician, nurse, or other person providing health care services in a hospital
emergency department.
new text begin
(b) Whoever physically assaults a person described in paragraph (a), is guilty of a felony
and may be sentenced to imprisonment for not more than three years or to payment of a
fine of not more than $6,000, or both, if the assault inflicts demonstrable bodily harm.
new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 609.2232, is amended to read:
new text begin (a) new text end If an inmate of a state correctional facility is convicted of violating section 609.221,
609.222, 609.223, 609.2231, or 609.224, while confined in the facility, the sentence imposed
for the assault shall be executed and run consecutively to any unexpired portion of the
offender's earlier sentence. The inmate is not entitled to credit against the sentence imposed
for the assault for time served in confinement for the earlier sentence. The inmate shall
serve the sentence for the assault in a state correctional facility even if the assault conviction
was for a misdemeanor or gross misdemeanor.
new text begin
(b) If an inmate of a county jail, county regional jail, county work farm, county
workhouse, or other local correctional facility is convicted of violating section 609.221,
609.222, 609.223, or 609.2231 while confined in the facility and the victim is a county
sheriff or sheriff's deputy, the court must not stay adjudication or imposition of the sentence
and the inmate must be sentenced as follows:
new text end
new text begin
(1) if the inmate was serving an executed sentence at the time of the assault, the sentence
imposed for the assault shall be executed and run consecutively to that sentence;
new text end
new text begin
(2) if the court imposes an executed sentence for any crime or offense for which the
person was in custody when the person committed the assault, the sentence imposed for the
assault shall be executed and run consecutively to that sentence; and
new text end
new text begin
(3) if the inmate was serving a probationary sentence or the court imposes a stayed
sentence for any crime or offense for which the person was in custody when the person
committed the assault, the sentence imposed for the assault shall be executed.
new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read:
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one
or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced or
coerced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin
(c) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that: (1) an executed sentence of between 77 and 108 months must be imposed on
an offender convicted of violating (i) this subdivision under the conditions described in
paragraph (a), or (ii) subdivision 1a under the conditions described in paragraph (b); and
(2) an executed sentence of between 123 and 172 months must be imposed on an offender
convicted of violating this subdivision under the conditions described in paragraph (b).
Sentencing a person in a manner other than that described in this paragraph is a departure
from the Sentencing Guidelines.
new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 609.593, subdivision 1, is amended to read:
Whoever intentionally and without consent from one authorized
to give consent causes any damage to or takes, removes, severs, or breaks:
(1) any line erected or maintained for the purpose of transmitting electricity for light,
heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected to the
line, or any wire, cable, or current of the line; or any component used in the generation,
transmission, or distribution of electricity, including equipment used for grounding, system
protection, or personnel protection;
new text begin
(2) any equipment or fixture and any line or wire that is within or carries electricity to
the equipment or fixture if the equipment or fixture is established or maintained for the use
or benefit of the general public, such as street lights, street lighting systems, and special
lighting systems; electric vehicle charging stations; electronic traffic-control signals and
camera systems; and electronic warning or notice signs;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end any pipe or main or hazardous liquid pipeline erected, operated, or maintained
for the purpose of transporting, conveying, or distributing gas or other hazardous liquids
for light, heat, power, or any other purpose, or any part of the pipe, main, or pipeline, or
any valve, meter, holder, compressor, machinery, appurtenance, equipment, or apparatus
connected with any main or pipeline; or
deleted text begin (3)deleted text end new text begin (4)new text end any machinery, equipment, or fixtures used in receiving, initiating, amplifying,
processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers, routers, repeaters,
multiplexers, and other items performing comparable functions; and machinery, equipment,
and fixtures used in the transportation of telecommunications services, new text begin broadband services,
cable services, new text end radio transmitters and receivers, satellite equipment, microwave equipment,
and other transporting media including wire, cable, fiber, poles, and conduit;
is guilty of a crime and may be sentenced as provided in subdivision 2.
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 609.78, subdivision 2c, is amended to read:
Whoever violates subdivision 2, clause (2), is guilty of a
felony and may be sentenced to imprisonment for not more than one year or to payment of
a fine of not more than $5,000, or both, if the person places the call with the intent of
prompting an emergency response to the home of:
(1) an elected official;
(2) a judge as defined in section 609.221, subdivision 6, clause (5);
(3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);
(4) deleted text begin an employee of a correctional facility as defined in section 241.021, subdivision 1ideleted text end new text begin
a correctional employee of the state or a local political subdivisionnew text end ; or
(5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2024, section 617.246, subdivision 1, is amended to read:
(a) For the deleted text begin purposedeleted text end new text begin purposesnew text end of this section, the terms defined
in this subdivision have the meanings given deleted text begin themdeleted text end .
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance or other exhibition presented before
an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
actual or simulated sexual conduct as defined by deleted text begin clausedeleted text end new text begin paragraphnew text end (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings or between a human
being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
or the condition of being fettered, bound or otherwise physically restrained on the part of
one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals in an act of apparent sexual stimulation or
gratification.
(f) "deleted text begin Pornographic workdeleted text end new text begin Child sexual abuse materialnew text end " means:
(1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
slide, or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct; deleted text begin or
deleted text end
(iii) is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a minor engaging
in sexual conductdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(iv) depicts an individual indistinguishable from an actual minor created by the use of
generative artificial intelligence or other computer technology capable of processing and
interpreting specific data inputs, commonly referred to as prompts, to create a visual depiction
of the individual engaging in sexual conduct and is obscene.
new text end
For the purposes of this paragraph, an identifiable minor is a person who was a minor
at the time the depiction was created or altered, whose image is used to create the visual
depiction.
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
new text begin
No civil or criminal liability for a violation of section 617.246 or 617.247 that involves
child sexual abuse materials as defined solely in section 617.246, subdivision 1, paragraph
(f), clause (2), item (iv), may be imposed on an interactive computer service, as defined in
United States Code, title 47, section 230, or a provider of an information service or
telecommunications service, as defined in United States Code, title 47, section 153, or an
employee of the service or provider acting in the course and scope of employment:
new text end
new text begin
(1) for actions taken to prevent, detect, protect against, report, or respond to the
production, generation, incorporation, or synthesization of the work; or
new text end
new text begin
(2) for content provided by another person.
new text end
new text begin
This section is effective August 1, 2025, and applies to acts
committed on or after that date.
new text end
Minnesota Statutes 2024, section 628.26, is amended to read:
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
new text begin
(f) Indictments or complaints for a violation of section 609.561 shall be found or made
and filed in the proper court within ten years after the commission of the offense.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
deleted text begin (g)deleted text end new text begin (h)new text end Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
deleted text begin (h)deleted text end new text begin (i)new text end Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
deleted text begin (i)deleted text end new text begin (j)new text end Indictments or complaints for violation of sections deleted text begin 609.561 todeleted text end new text begin 609.562 andnew text end 609.563,
shall be found or made and filed in the proper court within five years after the commission
of the offense.
deleted text begin (j)deleted text end new text begin (k)new text end Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
deleted text begin (k)deleted text end new text begin (l)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (l)deleted text end new text begin (m)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (m)deleted text end new text begin (n)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (n)deleted text end new text begin (o)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2025.
new text end
Laws 2023, chapter 52, article 4, section 24, subdivision 7, as amended by Laws
2024, chapter 123, article 4, section 20, is amended to read:
(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
(1) did not cause the death of a human being; and
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of
the evidence that the petitioner:
(1) did not cause the death of a human being; and
(2) was not a major participant in the underlying felony or did not act with extreme
indifference to human life.
(c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition.
(d) If the court determines that the petitioner is entitled to relief, the court shall issue an
order vacating the conviction for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and:
(1) resentence the petitioner for the most serious remaining offense for which the
petitioner was convicted;
(2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court; or
(3) enter a conviction and impose a sentence for any lesser included offense as described
in Minnesota Statutes, section 631.14.
(e) If the court intends to enter a conviction and impose a sentence for a lesser included
offense, the court must hold a hearing to determine the appropriate offense.
(f) If the court proceeds under paragraph (d), clause (1) or (2), the new sentence
announced by the court under this section must be for the most serious predicate felony
unless the most serious remaining offense for which the petitioner was convicted is that
offense or a more serious offense.
(g) If, pursuant to paragraph (d), the court either resentences a petitioner or imposes a
sentence, the court shall also resentence the petitioner for any other offense if the sentence
was announced by a district court of the same county, the sentence was either ordered to
be served consecutively to the vacated conviction or the criminal history calculation for
that sentence included the vacated sentence, and the changes made pursuant to paragraph
(d) would have resulted in a different criminal history score being used at the time of
sentencing.
(h) The court shall state in writing or on the record the reasons for its decision on the
petition.
(i) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
was serving a stayed sentence, increase the period of supervision. The court may increase
the period of confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score provided the
court does not increase the petitioner's total period of confinement. A person resentenced
under this paragraph is entitled to credit for time served in connection with the vacated
offense.
(j) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text begin
(k) If a conviction is entered under this subdivision, the date of that conviction by
operation of law is deemed to be the same as that of the original conviction for violating
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1).
new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
new text begin
The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
Minnesota Rules to reflect the changes made in this article.
new text end
Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.
The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.
If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
are data subject to the protections under chapter 5B or section 13.045, the presiding officer
shall consider the provisions of section 5B.11.
Minnesota Statutes 2024, section 13.821, is amended to read:
(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
obtain a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end in which a child victim or alleged victim is alleging,
explaining, denying, or describing an act of physical or sexual abuse without a court order
under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
person responsible for the child's care or in a significant relationship with the child or
position of authority.
(b) This section does not limit other rights of access to data by an individual under section
13.04, subdivision 3, other than the right to obtain a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end , nor
prohibit rights of access pursuant to discovery in a court proceeding.
Minnesota Statutes 2024, section 121A.038, subdivision 7, is amended to read:
(a) A school district or charter school conducting an
active shooter drill must provide students in middle school and high school at least one
hour, or one standard class period, of violence prevention training annually.
(b) The violence prevention training must be evidence-based and may be delivered
in-person, virtually, or digitally. Training must, at a minimum, teach students the following:
(1) how to identify observable warning signs and signals of an individual who may be
at risk of harming oneself or others;
(2) the importance of taking threats seriously and seeking help; and
(3) the steps to report dangerous, violent, threatening, harmful, or potentially harmful
activitynew text begin , including providing information about the Department of Public Safety's statewide
anonymous threat reporting system and any local threat reporting systemsnew text end .
(c) By July 1, 2024, the commissioner of public safety and the commissioner of education
must jointly develop a list of evidence-based trainings that a school district or charter school
may use to fulfill the requirements of this section, including no-cost programming, if any.
The agencies must:
(1) post the list publicly on the Minnesota School Safety Center's website; and
(2) update the list every two years.
(d) A school district or charter school must ensure that students have the opportunity to
contribute to their school's safety and violence prevention planning, aligned with the
recommendations for multihazard planning for schools, including but not limited to:
(1) student opportunities for leadership related to prevention and safety;
(2) encouragement and support to students in establishing clubs and programs focused
on safety; and
(3) providing students with the opportunity to seek help from adults and to learn about
prevention connected to topics including bullying, sexual harassment, sexual assault, and
suicide.
Minnesota Statutes 2024, section 121A.06, is amended to read:
As used in this section:
new text begin
(1) "active shooter incident" means an event involving an armed individual or individuals
on campus or an armed assailant in the immediate vicinity of the school;
new text end
new text begin
(2) "active shooter threat" means a real or perceived threat that an active shooter incident
will occur;
new text end
deleted text begin (1)deleted text end new text begin (3)new text end "dangerous weapon" has the meaning given deleted text begin itdeleted text end in section 609.02, subdivision 6;
deleted text begin (2)deleted text end new text begin (4)new text end "school" has the meaning given deleted text begin itdeleted text end in section 120A.22, subdivision 4; and
deleted text begin (3)deleted text end new text begin (5)new text end "school zone" has the meaning given deleted text begin itdeleted text end in section 152.01, subdivision 14a, clauses
(1) and (3).
School districts must electronically
report to the commissioner of education incidents involving the use or possession of a
dangerous weapon in school zones. The deleted text begin formdeleted text end new text begin reportnew text end must include the following information:
(1) a description of each incident, including a description of the dangerous weapon
involved in the incident;
(2) where, at what time, and under what circumstances the incident occurred;
(3) information about the offender, other than the offender's name, including the offender's
age; whether the offender was a student and, if so, where the offender attended school; and
whether the offender was under school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name, if any, including the
victim's age; whether the victim was a student and, if so, where the victim attended school;
and if the victim was not a student, whether the victim was employed at the school;
(5) the cost of the incident to the school and to the victim; and
(6) the action taken by the school administration to respond to the incident.
The commissioner shall provide an electronic reporting format that allows school districts
to provide aggregate data.
new text begin
(a) A school district, charter school, or
cooperative unit under section 123A.24, subdivision 2, that serves students must electronically
file an after-action review report for active shooter incidents and active shooter threats to
the Minnesota Fusion Center. The report must include the following information:
new text end
new text begin
(1) a description of each incident or threat;
new text end
new text begin
(2) how the active shooter threat was communicated, including whether the threat was
communicated through social media or email;
new text end
new text begin
(3) information about the individual, other than the individual's name, including the
individual's age; whether the individual was a student and, if so, where the individual
attended school; and whether the individual was under school expulsion or suspension at
the time of the incident;
new text end
new text begin
(4) the immediate cost of the incident to the school, if any;
new text end
new text begin
(5) the action taken by the school administration to respond to the incident or threat,
including any referrals to law enforcement or mental health professionals; and
new text end
new text begin
(6) the law enforcement agency or agencies with jurisdiction over the school, even if
the incident did not result in a referral to law enforcement.
new text end
new text begin
(b) Reports required under paragraph (a) must be submitted on a form provided by the
Minnesota Fusion Center and in a manner consistent with the reporting school's safety plan.
The Minnesota Fusion Center must consult with the Minnesota School Safety Center in
creation of the reporting form.
new text end
By July 31 of each year, each public school
shall report incidents involving the use or possession of a dangerous weapon in school zones
to the commissioner. The reports must be submitted using the electronic reporting system
developed by the commissioner under subdivision 2. The commissioner shall compile the
information it receives from the schools and report it annually to the commissioner of public
safety and the legislature.
Minnesota Statutes 2024, section 144.296, is amended to read:
A provider may not release a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged
victim of physical or sexual abuse without a court order under section 13.03, subdivision
6, or as provided in section 611A.90. This section does not limit the right of a patient to
view new text begin or listen to new text end the deleted text begin videotapedeleted text end new text begin recordingnew text end .
Minnesota Statutes 2024, section 241.021, subdivision 1, is amended to read:
(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons confined or incarcerated therein according to law
except to the extent that they are inspected or licensed by other state regulating agencies.
The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum
standards for these facilities with respect to their management, operation, physical condition,
and the security, safety, health, treatment, and discipline of persons confined or incarcerated
therein. These minimum standards shall include but are not limited to specific guidance
pertaining to:
(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;
(2) a policy on the involuntary administration of medicationsnew text begin , including a process for
determining on intake whether a Jarvis Order is in place and ensuring it will be followed
during the confinement or incarcerationnew text end ;
(3) suicide prevention plans and training;
(4) verification of medications in a timely manner;
(5) well-being checks;
(6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;
(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;
(8) use of segregation and mental health checks;
(9) critical incident debriefings;
(10) clinical management of substance use disorders and opioid overdose emergency
procedures;
(11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;
(12) a policy regarding the use of telehealth;
(13) self-auditing of compliance with minimum standards;
(14) information sharing with medical personnel and when medical assessment must be
facilitated;
(15) a code of conduct policy for facility staff and annual training;
(16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
(17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.
No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless it possesses a current license from the commissioner of corrections. Private
adult correctional facilities shall have the authority of section 624.714, subdivision 13, if
the Department of Corrections licenses the facility with the authority and the facility meets
requirements of section 243.52.
The commissioner shall review the correctional facilities described in this subdivision
at least once every two years, except as otherwise provided, to determine compliance with
the minimum standards established according to this subdivision or other Minnesota statute
related to minimum standards and conditions of confinement.
The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the standards not being met do not impact the
interests and well-being of the persons confined or incarcerated in the facility. A limited
license under subdivision 1a may be issued for purposes of effectuating a facility closure.
The commissioner may grant licensure up to two years. Unless otherwise specified by
statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the
expiration date stated on the license.
The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons confined or incarcerated in these facilities. The commissioner may require the
officers in charge of these facilities to furnish all information and statistics the commissioner
deems necessary, at a time and place designated by the commissioner. Notwithstanding
chapter 13 or any other state law classifying or restricting access to data, the officers in
charge of these facilities must furnish all data available to the facility that the commissioner
deems necessary to conduct a review of any emergency or unusual occurrence at the facility.
Failure to provide or grant access to relevant information or statistics necessary to fulfill
inspection or emergency or unusual occurrence reviews, as requested by the commissioner,
may be grounds for the commissioner to take action against a correctional facility's license
under subdivision 1a, 1b, or 1c.
All facility administrators of correctional facilities are required to report all deaths of
individuals who died while committed to the custody of the facility, regardless of whether
the death occurred at the facility or after removal from the facility for medical care stemming
from an incident or need for medical care at the correctional facility, as soon as practicable,
but no later than 24 hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.
All facility administrators of correctional facilities are required to report all other
emergency or unusual occurrences as defined by rule, including uses of force by facility
staff that result in substantial bodily harm or suicide attempts, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association and a representative from the Minnesota Association of
Community Corrections Act Counties who is responsible for the operations of an adult
correctional facility to define "use of force" that results in substantial bodily harm for
reporting purposes.
The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. The education program offered in a correctional facility for the confinement
or incarceration of juvenile offenders must be approved by the commissioner of education
before the commissioner of corrections may grant a license to the facility.
(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.
(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.
(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under chapter 401, or to require counties to comply with operating standards the
commissioner establishes as a condition precedent for counties to receive that funding.
(e) The department's inspection unit must report directly to a division head outside of
the correctional institutions division.
Minnesota Statutes 2024, section 241.021, is amended by adding a subdivision to
read:
new text begin
(a) Correctional facilities
licensed by the commissioner shall administer to confined and incarcerated persons the
same medications prescribed to those individuals prior to their confinement or incarceration.
new text end
new text begin
(b) Unless a confined or incarcerated person is subject to a Jarvis order that dictates
otherwise, paragraph (a) does not apply when:
new text end
new text begin
(1) a licensed health care professional determines, after consulting with the licensed
health care professional who prescribed the medication, that the prescribed medication is
not medically appropriate for the person based on the person's medical condition or status;
new text end
new text begin
(2) a licensed health care professional determines a medication that is at least as effective
as the current medication the person is prescribed is available to treat the condition and the
licensed health care professional who prescribed the current medication approves the change
in medications; or
new text end
new text begin
(3) the person provides written notice to the licensed health care professional who is
responsible for inmate health care at the correctional facility that the person no longer desires
to take the medication.
new text end
new text begin
(c) As used in this subdivision, "licensed health care professional" means a physician
licensed under chapter 147, physician assistant licensed under chapter 147A, or advanced
practice registered nurse as defined in section 148.171, subdivision 3.
new text end
Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
The executive board shall prohibit persons civilly committed as sexual
psychopathic personalities or sexually dangerous persons under chapter 253D from having
or receiving material that is obscene as defined under section 617.241, subdivision 1, material
that depicts sexual conduct as defined under section 617.241, subdivision 1, or deleted text begin pornographic
workdeleted text end new text begin child sexual abuse materialnew text end as defined under section 617.246, subdivision 1, while
receiving services in any secure treatment facilities operated by the Minnesota Sex Offender
Program or any other facilities operated by the executive board.
Minnesota Statutes 2024, section 299C.055, is amended to read:
(a) The superintendent must prepare an annual report for the public and the legislature
on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC;
the types of activities it monitors; the scale of information it collects; the local, state, and
federal agencies with which it shares information; and the quantifiable benefits it produces.
None of the reporting requirements in this section supersede chapter 13 or any other state
or federal law. The superintendent must report on activities for the preceding calendar year
unless another time period is specified. The report must include the following information,
to the extent allowed by other law:
(1) the MNFC's operating budget for the current biennium, number of staff, and staff
duties;
(2) the number of publications generated and an overview of the type of information
provided in the publications, including products such as law enforcement briefs, partner
briefs, risk assessments, threat assessments, and operational reports;
(3) a summary of audit findings for the MNFC and what corrective actions were taken
pursuant to audits;
(4) the number of data requests received by the MNFC and a general description of those
requests;
(5) the types of surveillance and data analysis technologies utilized by the MNFC, such
as artificial intelligence or social media analysis tools;
(6) a description of the commercial and governmental databases utilized by the MNFC
to the extent permitted by law;
(7) the number of suspicious activity reports (SARs) received and processed by the
MNFC;
(8) the number of SARs received and processed by the MNFC that were converted into
Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of
Investigation, or that were referred to local law enforcement agencies;
(9) the number of SARs received and processed by the MNFC that involve an individual
on the Terrorist Screening Center watchlist;
(10) the number of requests for information (RFIs) that the MNFC received from law
enforcement agencies and the number of responses to federal requests for RFIs;
(11) the names of the federal agencies the MNFC received data from or shared data
with;
(12) the names of the agencies that submitted SARs;
(13) a summary description of the MNFC's activities with the Joint Terrorism Task
Force; deleted text begin and
deleted text end
(14) the number of investigations aided by the MNFC's use of SARs and RFIsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(15) the number of tips received through the Department of Public Safety's anonymous
threat reporting system, including the See It, Say It, Send It application, and the number of
those tips that the MNFC processed; and
new text end
new text begin
(16) the number of active shooter incident reports received from school districts pursuant
to section 121A.06, subdivision 2a, paragraph (b); a summary of the reports; and the number
of reports that were converted into Bureau of Criminal Apprehension case files, that were
referred to the Federal Bureau of Investigation, or that were referred to local law enforcement
agencies.
new text end
(b) The report shall be provided to the chairs and ranking minority members of the
committees of the house of representatives and senate with jurisdiction over data practices
and public safety issues, and shall be posted on the MNFC website by February 15 each
year beginning on February 15, 2024.
Minnesota Statutes 2024, section 299C.52, subdivision 1, is amended to read:
As used in sections 299C.52 to 299C.565, the following
terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or known
to be mentally incompetent.
(b) "DNA" means deoxyribonucleic acid from a human biological specimen.
(c) "Endangered" means that a law enforcement official has received sufficient evidence
that the missing person is at risk of physical injury or death. The following circumstances
indicate that a missing person is at risk of physical injury or death:
(1) the person is missing as a result of a confirmed abduction or under circumstances
that indicate that the person's disappearance was not voluntary;
(2) the person is missing under known dangerous circumstances;
(3) the person is missing more than 30 days;
(4) the person is under the age of 21 and at least one other factor in this paragraph is
applicable;
(5) there is evidence the person is in need of medical attention or prescription medication
such that it will have a serious adverse effect on the person's health if the person does not
receive the needed care or medication;
(6) the person does not have a pattern of running away or disappearing;
(7) the person is mentally impaired;
(8)new text begin the person has been diagnosed with dementia, a traumatic brain injury, Alzheimer's
disease, or other cognitive impairments;
new text end
new text begin
(9) the person has been diagnosed with autism;
new text end
new text begin (10)new text end there is evidence that the person may have been abducted by a noncustodial parent;
deleted text begin (9)deleted text end new text begin (11)new text end the person has been the subject of past threats or acts of violence;
deleted text begin (10)deleted text end new text begin (12)new text end there is evidence the person is lost in the wilderness, backcountry, or outdoors
where survival is precarious and immediate and effective investigation and search and rescue
efforts are critical; or
deleted text begin (11)deleted text end new text begin (13)new text end any other factor that the law enforcement agency deems to indicate that the
person may be at risk of physical injury or death, including a determination by another law
enforcement agency that the person is missing and endangered.
(d) "Missing" means the status of a person after a law enforcement agency that has
received a report of a missing person has conducted a preliminary investigation and
determined that the person cannot be located.
(e) "NCIC" means National Crime Information Center.
Minnesota Statutes 2024, section 299F.47, subdivision 2, is amended to read:
The state fire marshal shall charge charter
schools deleted text begin $100deleted text end new text begin $0.014 per square footnew text end for each school building inspected. deleted text begin This ratedeleted text end new text begin These
ratesnew text end shall include two follow-up inspections or on-site consultations. If additional follow-up
inspections or consultations are needed, the state fire marshal shall charge deleted text begin $50deleted text end new text begin $0.005 per
square footnew text end for each additional follow-up inspection to each applicable building in which a
follow-up inspection is needed.
Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read:
new text begin (a) new text end The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production ofnew text begin :
new text end
new text begin (1)new text end any records ofnew text begin :
new text end
new text begin (i)new text end telephone companies, cellular phone companies, paging companies, new text begin and new text end subscribers
of private computer networks including Internet service providers or computer bulletin
board systemsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii)new text end electric companies, gas companies, new text begin and new text end water utilitiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iii)new text end chemical suppliersdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iv)new text end hotels and motelsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (v)new text end pawn shopsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (vi)new text end airlines, buses, taxis, and other entities engaged in the business of transporting
peopledeleted text begin ,deleted text end new text begin ;new text end and
new text begin (vii)new text end freight companies, warehousing companies, self-service storage facilities, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
deliverydeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (2)new text end records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end insurance records relating to the monetary payment or settlement of claimsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end the banking, credit card, and financial records of a subject of an identity theft
investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a
third party, including but not limited to safe deposit, loan and account applications and
agreements, signature cards, statements, checks, transfers, account authorizations, safe
deposit access records and documentation of frauddeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (5)new text end wage and employment records of an applicant or recipient of public assistance who
is the subject of a welfare fraud investigation relating to eligibility information for public
assistance programsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) any of the following records of an employer or business entity who is the subject of
or has information related to a wage theft investigation:
new text end
new text begin
(i) accounting and financial records such as books, registers, payrolls, banking records,
credit card records, securities records, and records of money transfers;
new text end
new text begin
(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
new text end
new text begin
(iii) other records that in any way relate to wages or other income paid, hours worked,
and other conditions of employment of any employee or of work performed by persons
identified as independent contractors, and records of any payments to contractors, and
records of workers' compensation insurance.
new text end
new text begin (b)new text end Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation. Administrative subpoenas may only be issued in new text begin wage theft,
new text end welfare fraudnew text begin ,new text end and identity theft cases if there is probable cause to believe a crime has been
committed.
new text begin (c) new text end This deleted text begin provisiondeleted text end new text begin subdivisionnew text end applies only to the records of business entities and does
not extend to private individuals or their dwellings.
new text begin
(d) As used in this subdivision, "business entity" has the meaning given in section
308B.005.
new text end
new text begin
This section is effective August 1, 2025.
new text end
Minnesota Statutes 2024, section 595.02, subdivision 1, is amended to read:
Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.
(b) An attorney cannot, without the consent of the attorney's client, be examined as to
any communication made by the client to the attorney or the attorney's advice given thereon
in the course of professional duty; nor can any employee of the attorney be examined as to
the communication or advice, without the client's consent.
(c) A member of the clergy or other minister of any religion shall not, without the consent
of the party making the confession, be allowed to disclose a confession made to the member
of the clergy or other minister in a professional character, in the course of discipline enjoined
by the rules or practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any religion be
examined as to any communication made to the member of the clergy or other minister by
any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in
the course of the member of the clergy's or other minister's professional character, without
the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent
of the patient, be allowed to disclose any information or any opinion based thereon which
the professional acquired in attending the patient in a professional capacity, and which was
necessary to enable the professional to act in that capacity; after the decease of the patient,
in an action to recover insurance benefits, where the insurance has been in existence two
years or more, the beneficiaries shall be deemed to be the personal representatives of the
deceased person for the purpose of waiving this privilege, and no oral or written waiver of
the privilege shall have any binding force or effect except when made upon the trial or
examination where the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications made to the officer
in official confidence when the public interest would suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of their production for
examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.
(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker
engaged in a psychological or social assessment or treatment of an individual at the
individual's request shall not, without the consent of the professional's client, be allowed to
disclose any information or opinion based thereon which the professional has acquired in
attending the client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed social workers
from compliance with the provisions of section 626.557 and chapter 260E.
(h) An interpreter for a person disabled in communication shall not, without the consent
of the person, be allowed to disclose any communication if the communication would, if
the interpreter were not present, be privileged. For purposes of this section, a "person disabled
in communication" means a person who, because of a hearing, speech or other communication
disorder, or because of the inability to speak or comprehend the English language, is unable
to understand the proceedings in which the person is required to participate. The presence
of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose information or an opinion
based on the information which they acquire from persons consulting them in their
professional capacities, and which was necessary to enable them to act in that capacity,
except that they may do so:
(1) when informed consent has been obtained in writing, except in those circumstances
in which not to do so would violate the law or would result in clear and imminent danger
to the client or others;
(2) when the communications reveal the contemplation or ongoing commission of a
crime; or
(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.
(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living in
the same household. This exception may be waived by express consent to disclosure by a
parent entitled to claim the privilege or by the child who made the communication or by
failure of the child or parent to object when the contents of a communication are demanded.
This exception does not apply to a civil action or proceeding by one spouse against the other
or by a parent or child against the other, nor to a proceeding to commit either the child or
parent to whom the communication was made or to place the person or property or either
under the control of another because of an alleged mental or physical condition, nor to a
criminal action or proceeding in which the parent is charged with a crime committed against
the person or property of the communicating child, the parent's spouse, or a child of either
the parent or the parent's spouse, or in which a child is charged with a crime or act of
delinquency committed against the person or property of a parent or a child of a parent, nor
to an action or proceeding for termination of parental rights, nor any other action or
proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport
by a parent.
(k) Sexual assault counselors may not be allowed to disclose any opinion or information
received from or about the victim without the consent of the victim. However, a counselor
may be compelled to identify or disclose information in investigations or proceedings related
to neglect or termination of parental rights if the court determines good cause exists. In
determining whether to compel disclosure, the court shall weigh the public interest and need
for disclosure against the effect on the victim, the treatment relationship, and the treatment
services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from
compliance with the provisions of section 626.557 and chapter 260E.
"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction of
a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or
assistance to victims of sexual assault.
(l) A domestic abuse advocate deleted text begin maydeleted text end new text begin shallnew text end notnew text begin , without the consent of the victim,new text end be
deleted text begin compelleddeleted text end new text begin allowednew text end to disclose any opinion or information received from or about the victim
deleted text begin without the consent of the victim unless ordered by the courtdeleted text end new text begin that the advocate acquired in
attending to the victim in a professional capacitynew text end . deleted text begin In determining whether to compel
disclosure, the court shall weigh the public interest and need for disclosure against the effect
on the victim, the relationship between the victim and domestic abuse advocate, and the
services if disclosure occurs.deleted text end Nothing in this paragraphnew text begin (1)new text end exempts domestic abuse advocates
from compliance with the provisions of section 626.557 and chapter 260Enew text begin , or (2) modifies
a prosecutor's obligation to disclose material and information to the defense when the
information is in the possession or control of members of the prosecution staff and of any
others who have participated in the investigation or evaluation of the case and who either
regularly report, or with reference to the particular case have reported, to the prosecutor's
officenew text end .
For the purposes of this section, "domestic abuse advocate" means an employee or
supervised volunteer from a community-based deleted text begin battered women's shelter anddeleted text end domestic abuse
program eligible to receive grants under section 611A.32; that provides information,
advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
and who is not employed by or under the direct supervision of a law enforcement agency,
a prosecutor's office, or by a city, county, or state agency.
(m) A person cannot be examined as to any communication or document, including
work notes, made or used in the course of or because of mediation pursuant to an agreement
to mediate or a collaborative law process pursuant to an agreement to participate in
collaborative law. This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement or a stipulated agreement resulting
from the collaborative law process set aside or reformed. A communication or document
otherwise not privileged does not become privileged because of this paragraph. This
paragraph is not intended to limit the privilege accorded to communication during mediation
or collaborative law by the common law.
(n) A child under ten years of age is a competent witness unless the court finds that the
child lacks the capacity to remember or to relate truthfully facts respecting which the child
is examined. A child describing any act or event may use language appropriate for a child
of that age.
(o) A communication assistant for a telecommunications relay system for persons who
have communication disabilities shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication assistant
for the purpose of relaying.
Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
A person who violates subdivision 2 may be sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is $250 or less, the person may be sentenced as provided in
section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined loss to the
direct and indirect victims is more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (3);
(4) if the offense involves more than three but not more than seven direct victims, or if
the total combined loss to the direct and indirect victims is more than $2,500, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (2);
(5) if the offense involves eight or more direct victims, or if the total, combined loss to
the direct and indirect victims is more than $35,000, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (1); and
(6) if the offense is related to possession or distribution of deleted text begin pornographic workdeleted text end new text begin child
sexual abuse materialnew text end in violation of section 617.246 or 617.247, the person may be sentenced
as provided in section 609.52, subdivision 3, clause (1).
Minnesota Statutes 2024, section 611.24, subdivision 4, is amended to read:
new text begin
(a) When a prosecuting
attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the
district court, reasonable attorney fees and costs incurred shall be allowed to the defendant
on the appeal which shall be paid by the governmental unit responsible for the prosecution
involved in accordance with paragraph (b).
new text end
new text begin (b) new text end On or before January 15 of each year, the chief judge of the judicial district, after
consultation with city and county attorneys, the chief public defender, and members of the
private bar in the district, shall establish a reimbursement rate for attorney fees and costs
associated with representation of a defendant on appeal. The compensation to be paid to an
attorney for such service rendered to a defendant under this subdivision may not exceed
$10,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in
excess of that limit is certified by the chief judge of the district as necessary to provide fair
compensation for services of an unusual character or duration.
Minnesota Statutes 2024, section 611A.90, is amended to read:
For purposes of this section, "physical abuse" and "sexual
abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
by a person responsible for the child's care or in a significant relationship with the child or
position of authority.
(a) A custodian of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child
victim or alleged victim alleging, explaining, denying, or describing an act of physical or
sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
of the deleted text begin videotapedeleted text end new text begin recordingnew text end without a court order, notwithstanding that the subject has
consented to the release of the deleted text begin videotapedeleted text end new text begin recordingnew text end or that the release is authorized under
law.
(b) The court order may govern the purposes for which the deleted text begin videotapedeleted text end new text begin recordingnew text end may be
used, reproduction, release to other persons, retention and return of copies, and other
requirements reasonably necessary for protection of the privacy and best interests of the
child.
An individual subject of data, as defined in section 13.02, or a patient,
as defined in sections 144.291 to 144.298, who is seeking a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end
governed by this section may petition the district court in the county where the alleged abuse
took place or where the custodian of the deleted text begin videotapedeleted text end new text begin recordingnew text end resides for an order releasing
a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end under subdivision 2. Nothing in this section establishes
a right to obtain access to a deleted text begin videotapedeleted text end new text begin recordingnew text end by any other person nor limits a right of a
person to obtain access if access is otherwise authorized by law or pursuant to discovery in
a court proceeding.
Minnesota Statutes 2024, section 617.246, subdivision 2, is amended to read:
(a) It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end if the
person knows or has reason to know that the conduct intended is a sexual performance or
deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end .
Any person who violates this paragraph is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Minnesota Statutes 2024, section 617.246, subdivision 3, is amended to read:
(a) A person who owns or operates a
business in which deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end , as defined in this section,
is disseminated to an adult or a minor or is reproduced, and who knows the content and
character of the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end disseminated or reproduced,
is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or
to payment of a fine of not more than $20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Minnesota Statutes 2024, section 617.246, subdivision 4, is amended to read:
(a) A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end , as defined in this section, is guilty of a felony and may be sentenced
to imprisonment for not more than ten years, or to payment of a fine of not more than
$20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Minnesota Statutes 2024, section 617.246, subdivision 6, is amended to read:
It shall be an affirmative defense to a charge of violating
this section that the sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end
was produced using only persons who were 18 years or older.
Minnesota Statutes 2024, section 617.247, is amended to read:
It is the policy of the legislature in enacting this section
to protect minors from the physical and psychological damage caused by their being used
in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involves
minors. It is therefore the intent of the legislature to penalize possession of deleted text begin pornographic
workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involve minors or appears
to involve minors in order to protect the identity of minors who are victimized by involvement
in the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end , and to protect minors from future
involvement in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct.
For purposes of this section, the following terms have the meanings
given deleted text begin themdeleted text end :
(a) deleted text begin "Pornographic work"deleted text end new text begin "Child sexual abuse material"new text end has the meaning given deleted text begin to itdeleted text end in
section 617.246.
(b) "Sexual conduct" has the meaning given deleted text begin to itdeleted text end in section 617.246.
(a) A person who disseminates deleted text begin pornographic workdeleted text end new text begin
child sexual abuse materialnew text end to an adult or a minor, knowing or with reason to know its
content and character, is guilty of a felony and may be sentenced to imprisonment for not
more than seven years or to payment of a fine of not more than $10,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
(a) A person who possesses deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end or a computer disk or computer or other electronic, magnetic, or
optical storage system or a storage system of any other type, containing deleted text begin a pornographic
workdeleted text end new text begin child sexual abuse materialnew text end , knowing or with reason to know its content and character,
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $5,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
This section does not apply to the performance of official duties
by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
or social workers or persons acting at the direction of a licensed physician, psychologist,
or social worker in the course of a bona fide treatment or professional education program.
Consent to sexual performance by a minor or the minor's parent,
guardian, or custodian is not a defense to a charge of violation of this section.
If a person is convicted of a second or subsequent violation
of this section within 15 years of the prior conviction, the court shall order a mental
examination of the person. The examiner shall report to the court whether treatment of the
person is necessary.
It shall be an affirmative defense to a charge of violating
this section that the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end was produced using
only persons who were 18 years or older.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for 15
years. The terms of conditional release are governed by section 609.3455, subdivision 8.
Minnesota Statutes 2024, section 624.714, subdivision 7a, is amended to read:
(a) Within
30 days after changing new text begin the permit holder's legal name or new text end permanent address, or within 30
days of having lost or destroyed the permit card, the permit holder must notify the issuing
sheriff of the change, loss, or destruction. Failure to provide notification as required by this
subdivision is a petty misdemeanor. The fine for a first offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder may obtain a replacement
permit card by paying $10 to the sheriff. The request for a replacement permit card must
be made on an official, standardized application adopted for this purpose under section
624.7151, and, except in the case of new text begin a legal name or new text end an address change, must include a
notarized statement that the permit card has been lost or destroyed.
Minnesota Statutes 2024, section 626.19, subdivision 3, is amended to read:
A law enforcement agency may use a UAV:
(1) during or in the aftermath of an emergency situation that involves the risk of death
or bodily harm to a person;
new text begin
(2) to document evidence that is at imminent risk of destruction;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end over a public event where there is a heightened risk to the safety of participants
or bystanders;
deleted text begin (3)deleted text end new text begin (4)new text end to counter the risk of a terrorist attack by a specific individual or organization if
the agency determines that credible intelligence indicates a risk;
deleted text begin (4)deleted text end new text begin (5)new text end to prevent the loss of life and property in natural or man-made disasters and to
facilitate operational planning, rescue, and recovery operations in the aftermath of these
disasters;
deleted text begin (5)deleted text end new text begin (6)new text end to conduct a threat assessment in anticipation of a specific event;
deleted text begin (6)deleted text end new text begin (7)new text end to collect information from a public area if there is reasonable suspicion of criminal
activity;
deleted text begin (7)deleted text end new text begin (8)new text end to collect information for crash reconstruction purposes after a serious or deadly
collision occurring on a public road;
deleted text begin (8)deleted text end new text begin (9)new text end over a new text begin private area with the written consent of the occupant or a new text end public areanew text begin ,new text end for
officer training or public relations purposes; deleted text begin and
deleted text end
deleted text begin (9)deleted text end new text begin (10)new text end for purposes unrelated to law enforcement at the request of a government entity
provided that the government entity makes the request in writing to the law enforcement
agency and specifies the reason for the request and proposed period of usenew text begin ; and
new text end
new text begin (11) to facilitate the active search for a missing personnew text end .
Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read:
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
(1) the consent of the owner of the vehicle has been obtained; or
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolendeleted text begin , and the vehicle is occupied when the tracking device is installeddeleted text end new text begin and the stolen
vehicle is not on private propertynew text end .
(b) Within deleted text begin 24deleted text end new text begin 12new text end hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
(e) new text begin When a peace officer attaches a tracking device to a stolen vehicle pursuant to
paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence
relied upon to establish the vehicle was reported stolen, the date and time the device was
attached to the vehicle, the method used to attach the device to the vehicle, the duration for
which the tracking device was attached to the vehicle, and an explanation of how the device
impacted the outcome of the investigation. Reports created under this paragraph must be
retained as part of the criminal investigation file.
new text end
new text begin (f) new text end By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b), must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.
Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision
to read:
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a fleeing motor vehicle.
new text end
new text begin
(b) If a mobile tracking device is attached to a vehicle pursuant to the authority granted
in paragraph (a) and the vehicle is not in the custody of law enforcement within 12 hours
of the mobile tracking device being attached to the vehicle, an officer employed by the
agency that attached the tracking device to the vehicle must remove the device, disable the
device, or obtain a search warrant granting approval to continue to use the device in the
investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a fleeing
motor vehicle must remove the tracking device if the vehicle is recovered, determined to
be stolen, and returned to the owner. Any tracking device evidence collected after the motor
vehicle is returned to the owner is inadmissible.
new text end
new text begin
(d) When a peace officer attaches a tracking device to a fleeing vehicle pursuant to
paragraph (a), the peace officer must prepare a report that includes the evidence relied upon
to establish the vehicle was fleeing, the date and time the device was attached to the vehicle,
the method used to attach the device to the vehicle, the duration for which the tracking
device was attached to the vehicle, and an explanation of how the device impacted the
outcome of the investigation. Reports created under this paragraph must be retained as part
of the criminal investigation file.
new text end
new text begin
(e) By August 1, 2026, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b) must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.
new text end
new text begin
(f) For purposes of this subdivision, "flee" has the meaning given in section 609.487,
subdivision 1.
new text end
Minnesota Statutes 2024, section 634.35, is amended to read:
(a) If a deleted text begin videotapeddeleted text end new text begin recordednew text end interview of a child victim of physical or sexual abuse is
disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
applies:
(1) no more than two copies of the deleted text begin tapedeleted text end new text begin recordingnew text end or any portion of the deleted text begin tapedeleted text end new text begin recordingnew text end
may be made by the defendant or the defendant's attorney, investigator, expert, or any other
representative or agent of the defendant;
(2) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be used for any purpose other than to prepare for the
defense in the criminal action against the defendant;
(3) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be publicly exhibited, shown, displayed, used for
educational, research, or demonstrative purposes, or used in any other fashion, except in
judicial proceedings in the criminal action against the defendant;
(4) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may be viewed only by the defendant, the defendant's attorney,
and the attorney's employees, investigators, and experts;
(5) no transcript of the deleted text begin tapesdeleted text end new text begin recordingsnew text end , nor the substance of any portion of the deleted text begin tapesdeleted text end new text begin
recordingsnew text end , may be divulged to any person not authorized to view new text begin or listen to new text end the deleted text begin tapesdeleted text end new text begin
recordingsnew text end ;
(6) no person may be granted access to the deleted text begin tapesdeleted text end new text begin recordingsnew text end , any transcription of the
deleted text begin tapesdeleted text end new text begin recordingsnew text end , or the substance of any portion of the deleted text begin tapesdeleted text end new text begin recordingsnew text end unless the person
has first signed a written agreement that the person is aware of this statute and acknowledges
that the person is subject to the court's contempt powers for any violation of it; and
(7) upon final disposition of the criminal case against the defendant, the deleted text begin tapesdeleted text end new text begin recordingsnew text end
and any transcripts of the deleted text begin tapesdeleted text end new text begin recordingsnew text end must be returned to the prosecuting attorney.
(b) The court may hold a person who violates this section in contempt.
new text begin
The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
Minnesota Rules to reflect the changes made in this article.
new text end
new text begin
Minnesota Statutes 2024, sections 325F.02; 325F.03; 325F.04; 325F.05; 325F.06; and
325F.07,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2024, section 609.101, subdivision 2, is amended to read:
Notwithstanding any other law, when a court sentences a
person convicted of violating section 609.221, 609.222, 609.223, 609.2231, 609.224,
609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law nor more
than the maximum fine authorized by law.
The court shall collect the portion of the fine mandated by this subdivision and forward
70 percent of it to a local victim assistance program that provides services locally in the
county in which the crime was committed. The court shall forward the remaining 30 percent
to the commissioner of management and budget to be credited to the general fund. If more
than one victim assistance program serves the county in which the crime was committed,
the court may designate on a case-by-case basis which program will receive the fine proceeds,
giving consideration to the nature of the crime committed, the types of victims served by
the program, and the funding needs of the program. If no victim assistance program serves
that county, the court shall forward 100 percent of the fine proceeds to the commissioner
of management and budget to be credited to the general fund. Fine proceeds received by a
local victim assistance program must be used to provide direct services to crime victims.
The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program" means victim witness programs
within county attorney offices or any of the following programs: crime victim crisis centers,
victim-witness programs, deleted text begin battered womendeleted text end new text begin domestic abuse victimnew text end shelters and nonshelter
programs, deleted text begin anddeleted text end sexual assault programsnew text begin , and children's advocacy centers as defined in section
260E.02, subdivision 5new text end .
Minnesota Statutes 2024, section 611A.02, is amended to read:
(a) The Office of Justice Programs in the Department of Public
Safety shall update the deleted text begin twodeleted text end model notices of the rights of crime victimsnew text begin required to be
distributed under this section and section 629.341new text end .
(b) The initial notice of the rights of crime victims must be distributed by a peace officer
to each victim, as defined in section 611A.01, at the time of initial contact with the victimnew text begin
at the scene or when the victim makes a reportnew text end . The noticenew text begin , which may be distributed as a
document or electronically,new text end must inform a victim of:
(1) the victim's right to apply deleted text begin for reparationsdeleted text end new text begin to the Minnesota Crime Victims
Reimbursement Programnew text end to cover losses, not including property losses, resulting from a
violent crime deleted text begin and the telephone number to call to request an applicationdeleted text end new text begin and information
on how to applynew text end ;
(2) the victim's right to request that the law enforcement agency withhold public access
to data revealing the victim's identity under section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on new text begin statewide crime victim help lines, the state address confidentiality
program, and new text end the nearest crime victim assistance program or resource;new text begin and
new text end
(5) the deleted text begin victim's rights, if an offender is charged, to be informed of and participate in the
prosecution process, including the right to request restitution; anddeleted text end new text begin right to be notified if an
offender is charged, to participate in the prosecution process, and to request restitution upon
conviction.
new text end
deleted text begin (6)deleted text end new text begin (c) A supplemental notice must be distributed by law enforcement agenciesnew text end in
homicide casesdeleted text begin ,deleted text end new text begin and must include resources and information specific to homicide victims
andnew text end information on rights and procedures available under sections 524.2-803, 524.3-614,
and 524.3-615.
deleted text begin (c)deleted text end new text begin (d)new text end A supplemental notice of the rights of crime victims must be distributed by the
city or county attorney's office to each victimdeleted text begin ,deleted text end within a reasonable time after the offender
is charged or petitioned. This notice must inform a victim of all the rights of crime victims
under this chapter.
deleted text begin (a) The Office of Justice Programs
in the Department of Public Safety shall update the notice of the rights of victims in juvenile
court that explainsdeleted text end new text begin A supplemental notice shall be distributed by the prosecutor's office to
each victim of an offense committed by a juvenile within a reasonable time after the petition
is filed. This notice must notify the victim ofnew text end :
(1) the rights of victims in the juvenile court;
(2) when a juvenile matter is public;
(3) the procedures to be followed in juvenile court proceedings; deleted text begin and
deleted text end
new text begin
(4) the right to attend certain juvenile court proceedings;
new text end
new text begin
(5) the information related to the juvenile case that is available to victims; and
new text end
deleted text begin (4)deleted text end new text begin (6)new text end other relevant matters.
deleted text begin
(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
crime who attends a juvenile court proceeding, along with a notice of services for victims
available in that judicial district.
deleted text end
Minnesota Statutes 2024, section 611A.0315, is amended to read:
(a) A prosecutor shall make every
reasonable effort to notify a victim of domestic assaultdeleted text begin ,deleted text end new text begin ;new text end a criminal sexual conduct offensedeleted text begin ,
deleted text end deleted text begin ordeleted text end new text begin ;new text end harassment or stalkingnew text begin ; or a violation of an order for protection, domestic abuse no
contact order, or harassment restraining ordernew text end that the prosecutor has decided to decline
prosecution of the case or to dismiss the criminal charges filed against the defendant. Efforts
to notify the victim should include, in order of priority: (1) contacting the victim or a person
designated by the victim by telephone; and (2) contacting the victim by new text begin email or new text end mail. If a
suspect is still in custody, deleted text begin thedeleted text end new text begin a telephone or emailnew text end notification attempt shall be made before
the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, deleted text begin ordeleted text end harassment or stalking, new text begin a violation
of an order for protection, or a violation of a harassment restraining order, new text end a record shall be
made of the specific reasons for the dismissal. If the dismissal is due to the unavailability
of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
For the purposes of this section, the following terms have the
meanings given deleted text begin themdeleted text end .
(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
(b) "Domestic assault" means an assault committed by the actor against a family or
household member.
(c) "Family or household member" has the meaning given it in section 518B.01,
subdivision 2.
(d) "Harassment" or "stalking" means a violation of section 609.749.
(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 609.3453.
new text begin
(f) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.
new text end
new text begin
(g) "Violation of a harassment restraining order" has the meaning given in section
609.748, subdivision 6.
new text end
Minnesota Statutes 2024, section 611A.06, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner of corrections
or other custodial authority shall make a good faith effort to notify the victim that the offender
has submitted a letter of apology. Notices shall only be provided to victims who have
submitted a written request for notification to the head of the county correctional facility
in which the offender is confined, or if committed to the Department of Corrections,
submitted a written request for the notice to the commissioner of corrections or an electronic
request through the Department of Corrections electronic victim notification system. The
good faith effort to notify the victim must occur within 90 days of the filing of the apology
letter.
new text end
new text begin
(b) Upon request, the commissioner of corrections or other custodial authority shall
notify the Board of Pardons, the Clemency Review Commission, or a court that the offender
submitted a letter of apology.
new text end
new text begin
(c) The content of a letter of apology submitted by an offender is private data on
individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in
section 13.02, subdivision 9, except that the letter may be provided to the intended recipient
upon request.
new text end
Minnesota Statutes 2024, section 629.341, subdivision 3, is amended to read:
The peace officer shall deleted text begin telldeleted text end new text begin orally notifynew text end the victim deleted text begin whether
adeleted text end new text begin aboutnew text end shelter or other services deleted text begin aredeleted text end available in the community and give the victim immediate
new text begin written new text end notice of the legal deleted text begin rights anddeleted text end remedies new text begin and resources new text end available. The new text begin written new text end notice
must include deleted text begin furnishing the victim a copy ofdeleted text end the following statement:
deleted text begin
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
deleted text end
deleted text begin
(1) an order restraining the abuser from further acts of abuse;
deleted text end
deleted text begin
(2) an order directing the abuser to leave your household;
deleted text end
deleted text begin
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
deleted text end
deleted text begin
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
deleted text end
deleted text begin
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
deleted text end
new text begin
"IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE, you can file a petition with
the court for an order for protection and ask that the person responsible for the domestic
violence:
new text end
new text begin
(1) Be restrained from further acts of abuse;
new text end
new text begin
(2) Leave your household;
new text end
new text begin
(3) Stay away from your residence, school, business, or place of employment; and
new text end
new text begin
(4) Pay temporary support to you and for the minor child if the person is legally obligated
to do so.
new text end
new text begin
In your petition, you can request a custody and parenting time order for a child in common
with the person."
new text end
The notice must include the deleted text begin resource listing, including telephone number, for the area
program that providesdeleted text end new text begin statewide domestic abuse help line and contact information for area
organizations providingnew text end services to victims of domestic abuse as deleted text begin shelter,deleted text end designated by the
Office of Justice Programs in the Department of Public Safety.
new text begin
A law enforcement agency, city attorney's office, or county attorney's office may exhaust
existing notices before producing materials with the modifications required under Minnesota
Statutes, sections 611A.02, subdivision 2, and 629.341, subdivision 3.
new text end
new text begin
(a) The commissioner must maintain a supply of opiate antagonists, as defined in section
604A.04, subdivision 1, at each state correctional facility to be administered in compliance
with section 151.37, subdivision 12.
new text end
new text begin
(b) The commissioner must store an ample number of doses of nasal opiate antagonists
throughout each facility so that staff can rapidly respond to opioid overdoses.
new text end
new text begin
(c) The commissioner, in consultation with the commissioner of health, shall provide
training to employees of the department on recognizing the symptoms of an opiate overdose
and how to administer nasal opiate antagonists.
new text end
Minnesota Statutes 2024, section 241.80, is amended to read:
The commissioner of corrections shall develop a policy to
provide the cultural programming services listed in subdivision 2 to American Indian deleted text begin inmatesdeleted text end new text begin
incarcerated individualsnew text end of all juvenile and adult state correctional facilities and
community-based correctional programs. The commissioner may, within the limits of
available money, contract with appropriate American Indian private, nonprofit organizations
to provide the cultural programming services.
The policy shall include, but need not be
limited to, providing, within the limits of available money, spiritual and cultural programming
services having the following purposes:
(1) the deleted text begin teaching of good work habits and thedeleted text end development of deleted text begin motivation through workdeleted text end new text begin
education and training needed for postincarceration self-sufficiencynew text end ;
(2) the development of deleted text begin cultural pride to improvedeleted text end new text begin strengthenednew text end American Indian deleted text begin self-imagedeleted text end new text begin
identitynew text end ;
deleted text begin
(3) the development of an understanding of and an adjustment to the cultural differences
between American Indians and other ethnic groups;
deleted text end
new text begin
(3) improved understanding of American Indian culture, traditions, and spiritual practices
for Department of Corrections staff;
new text end
(4) the development of deleted text begin attitudes of mutual trust, respect, and understanding among
American Indian family membersdeleted text end new text begin partnerships with Tribal Nations to address the unique
needs of American Indian incarcerated individuals and promote approaches to rehabilitation
specific to this populationnew text end ;
(5) deleted text begin the fostering ofdeleted text end increased availability of deleted text begin medicine men anddeleted text end American Indian spiritual
leaders to teach American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end about American Indian
historydeleted text begin ,deleted text end new text begin andnew text end cultural deleted text begin sensitivity, and religiondeleted text end new text begin and spiritual practicesnew text end ;
(6) the involvement of American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end in those aspects
of the correctional system that will aid in their rehabilitation; and
(7) the provision of services to American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end that
will facilitate their reentry into the community.
Minnesota Statutes 2024, section 244.18, subdivision 1, is amended to read:
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given deleted text begin themdeleted text end .
(b) "Correctional fees":
(1) effective August 1, deleted text begin 2027deleted text end new text begin 2029new text end , means fees charged or contracted for by a probation
agency or the commissioner of corrections for court-ordered or community-provided
correctional services, including but not limited to drug testing, electronic home monitoring,
treatment, and programming; and
(2) effective August 1, 2023, through July 31, deleted text begin 2027deleted text end new text begin 2029new text end , include fees for the following
correctional services:
(i) community service work placement and supervision;
(ii) restitution collection;
(iii) supervision;
(iv) court-ordered investigations;
(v) any other court-ordered service;
(vi) postprison supervision or other form of release; and
(vii) supervision or other probation-related services provided by a probation agency or
by the Department of Corrections for individuals supervised by the commissioner of
corrections.
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Probation agency" means a probation agency, including a Tribal Nation, organized
under section 244.19 or chapter 401.
Minnesota Statutes 2024, section 244.18, subdivision 7, is amended to read:
(a) By January 15 each year, the commissioner must submit
an annual report on implementing the commissioner's duties under this section to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over criminal justice funding and policy. At a minimum, the
report must include information on the types of correctional services for which fees were
imposed, the aggregate amount of fees imposed, and the amount of fees collected.
(b) This subdivision expires August 1, deleted text begin 2027deleted text end new text begin 2029new text end .
Minnesota Statutes 2024, section 244.18, subdivision 9, is amended to read:
(a) By August 1, 2025, each probation
agency must provide to the commissioner a written plan for phasing out supervision fees
for individuals under the agency's supervision and control, and the commissioner must
review and approve the plan by August 1, deleted text begin 2027deleted text end new text begin 2029new text end . By August 1, deleted text begin 2027deleted text end new text begin 2029new text end , the
commissioner must develop a written plan for phasing out supervision fees for individuals
under the commissioner's supervision and control.
(b) A copy of an approved plan must be provided to all individuals under the supervision
and control of the agency or the commissioner and in a language and manner that each
individual can understand.
(c) Supervision fees must not be increased from August 1, 2023, through July 31, deleted text begin 2027deleted text end new text begin
2029new text end .
(d) This subdivision expires August 1, deleted text begin 2027deleted text end new text begin 2029new text end .
Minnesota Statutes 2024, section 244.19, subdivision 1c, is amended to read:
(a) A
CPO jurisdiction:
(1) must collaborate with the commissioner to develop a comprehensive plan under
section 401.06; and
(2) is subject to all applicable eligibility provisions under chapter 401 necessary to
receive a subsidy under section 401.10.
(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is
not a Community Corrections Act jurisdiction under chapter 401deleted text begin , anddeleted text end new text begin . Except as provided
under section 401.115,new text end the commissionerdeleted text begin :
deleted text end
deleted text begin (1)deleted text end is appropriated the jurisdiction's share of funding under section 401.10 for providing
probation servicesdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) may seek reimbursement from the jurisdiction according to subdivision 5a.
deleted text end
Minnesota Statutes 2024, section 244.19, subdivision 1d, is amended to read:
As calculated by the community supervision formula under section 401.10,
the commissioner mustdeleted text begin :
deleted text end
deleted text begin (1)deleted text end reimburse a CPO jurisdiction for the cost that the jurisdiction assumes under this
section for providing probation services, including supervising juveniles committed to the
commissioner of correctionsdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) reimburse a non-CPO jurisdiction for the commissioner's provision of probation
services to the jurisdiction under this section.
deleted text end
Minnesota Statutes 2024, section 244.19, subdivision 5, is amended to read:
new text begin (a) new text end For a
non-CPO jurisdiction, the commissioner mustdeleted text begin , out of appropriations provided under
subdivision 5a, paragraph (b),deleted text end pay probation officers the salary and all benefits fixed by the
state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone services, and travel and
subsistence.
new text begin
(b) Except as provided under section 401.115, the commissioner must pay the items
under paragraph (a) using appropriations provided under section 401.10.
new text end
Minnesota Statutes 2024, section 244.19, subdivision 5a, is amended to read:
(a) At least deleted text begin every six monthsdeleted text end new text begin annuallynew text end , the commissioner
must deleted text begin bill for the total cost and expenses incurred by the commissioner on behalf of each
non-CPO jurisdiction that has received probation services. The commissioner mustdeleted text end notify
each new text begin CPO and new text end non-CPO jurisdiction of the new text begin total new text end cost and expensesdeleted text begin , and the jurisdiction must
pay to the commissioner the amount due for reimbursementdeleted text end new text begin incurred by the commissioner
on behalf of each CPO and non-CPO jurisdiction that has received probation servicesnew text end .
deleted text begin
(b) Each CPO and non-CPO jurisdiction must reimburse the Department of Corrections
for the total cost and expenses of the probation services as incurred by the commissioner,
excluding the cost and expense of services provided under the state's obligation for adult
felony supervision in section 244.20. Money received under this paragraph from a non-CPO
jurisdiction must be annually appropriated to the commissioner for providing probation
services to the jurisdiction.
deleted text end
deleted text begin
(c) Objections by a non-CPO jurisdiction to all allocation of cost and expenses must be
presented to and determined by the commissioner.
deleted text end
deleted text begin (d) In addition to the billing and reimbursement requirements under this section,deleted text end new text begin (b)new text end
Invoicing and payments for probation services new text begin for a CPO jurisdiction new text end are as provided under
sections 401.14 and 401.15.
Minnesota Statutes 2024, section 244.20, is amended to read:
new text begin (a) new text end Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1,
the Department of Corrections:
(1) has exclusive responsibility for providing probation services for adult felons in
counties and Tribal Nations that do not take part in the Community Corrections Act subsidy
program under chapter 401; and
(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted
under section 401.10 for providing felony probation services.
new text begin
(b) Paragraph (a), clause (2), does not apply to a Tribal Nation's subsidy under section
401.115.
new text end
Minnesota Statutes 2024, section 244.41, subdivision 6, is amended to read:
"Earned compliance credit" means a one-month
reduction from the period deleted text begin duringdeleted text end new text begin ofnew text end active supervision deleted text begin ofdeleted text end new text begin duringnew text end the supervised release term
for every two months that a supervised individual exhibits compliance with the conditions
and goals of the individual's supervision plannew text begin , and otherwise meets the criteria established
by the commissioner of corrections in policynew text end . new text begin If an individual earns sufficient earned
compliance credits, the commissioner must weigh risk to public safety, including the
individual's stability, behavior, or overall adjustment while on supervision before placement
on supervision abatement status. new text end Earned compliance credit also applies to a conditional
release term.
Minnesota Statutes 2024, section 244.44, is amended to read:
Earned incentive release credits are included in calculating the term of imprisonment
but are not added to the person's supervised release term, the total length of which remains
unchanged. The maximum amount of earned incentive release credit that can be earned and
subtracted from the term of imprisonment is 17 percent of the total executed sentence.
Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated
person's executed sentence. deleted text begin Once earned,deleted text end Earned incentive release credits are deleted text begin nonrevocabledeleted text end new text begin
revocable if the person violates rules of the facility where the person is incarcerated or
otherwise commits a criminal act while incarceratednew text end .
Minnesota Statutes 2024, section 244.46, subdivision 1, is amended to read:
(a) The commissioner must adopt a policy providing for earned compliance creditnew text begin
and supervision abatement status, including the circumstances under which an individual
may receive earned compliance credits and transition to supervision abatement statusnew text end .
(b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release termnew text begin ornew text end , new text begin if
applicable, the aggregate length of the supervised release term and conditional release term,
the individual is eligible for supervision abatement status. However, new text end the commissioner mustnew text begin
notnew text end place the individual on supervision abatement status for the remainder of the supervised
new text begin or conditional new text end release term deleted text begin and, if applicable, the conditional release termdeleted text end new text begin if the commissioner
determines that doing so would present a risk to public safety, after weighing factors
including the individual's stability, behavior, or overall adjustment while on supervisionnew text end .new text begin
For individuals with lifetime terms of conditional release, the commissioner shall not place
the individual on supervision abatement status unless the time served on active supervision
plus earned compliance credits equals at least ten years.
new text end
Minnesota Statutes 2024, section 326.338, subdivision 4, is amended to read:
A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of protective
agent:
(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera,
still camera, or a mechanical or electronic device installed or used to prevent or detect
burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads;
(5) providing management and control of crowds for the purpose of safety and protection;
or
(6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section 626.84, subdivision 1, paragraph (c)new text begin , or employed by a federal law
enforcement agencynew text end .
A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.
Minnesota Statutes 2024, section 401.03, is amended to read:
(a) The commissioner must, as provided in chapter 14, adopt rules to implement this
chapter and provide consultation and technical assistance to counties and Tribal Nations to
help them develop comprehensive plansnew text begin , including abbreviated plansnew text end .
(b) The time limit to adopt rules under section 14.125 does not apply.
Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:
(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation deleted text begin under paragraph (e)deleted text end new text begin providing services as a CCA jurisdiction or CPO
jurisdiction as defined in section 244.19, subdivision 1a, paragraph (b),new text end equals the sum of:
(1) a base funding amount equal to $150,000; and
(2) a community supervision formula equal to the sum of:
deleted text begin
(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and
deleted text end
deleted text begin
(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.
deleted text end
new text begin
(i) for individuals with a felony sentence, the felony per diem rate of $5.62 shall be
multiplied by the average total population over the three most recent years, as reported in
the probation surveys published by the commissioner. This population includes the county
or Tribal Nation's adult felony population, adult supervised release population, adult parole
population, juvenile supervised release population, and juvenile parole population. The
resulting amount shall then be multiplied by 365 to calculate the total annual allocation;
and
new text end
new text begin
(ii) for individuals sentenced for a gross misdemeanor, for a misdemeanor, or under
juvenile probation, the felony per diem rate of $5.62 shall be multiplied by 0.5, and then
multiplied by the average total population over the three most recent years, as reported in
the probation surveys published by the commissioner. This population includes the county
or Tribal Nation's gross misdemeanor population, misdemeanor population, and juvenile
probation population. The resulting amount shall then be multiplied by 365 to calculate the
total annual allocation.
new text end
(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.
(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.
(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.
deleted text begin
(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:
deleted text end
deleted text begin
(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and
deleted text end
deleted text begin
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
served by the Department of Corrections by dividing the three-year average of the number
of individuals on supervised release and intensive supervised release within the jurisdiction
by the three-year average of the total number of individuals under supervised release and
intensive supervised release statewide, using the numbers reported annually in the Probation
Survey report.
Minnesota Statutes 2024, section 401.10, is amended by adding a subdivision to
read:
new text begin
Before disbursing the
community supervision subsidy in subdivision 1, the commissioner must prorate the cost
of the Interstate Transfer Unit based upon the county's share of the average total probation
population over the three most recent years as reported in the probation survey published
by the commissioner and deduct that amount from the county's subsidy.
new text end
Minnesota Statutes 2024, section 401.10, subdivision 4, is amended to read:
deleted text begin (a)deleted text end By January 15, 2025, and every new text begin odd-numbered new text end year thereafter, the
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety finance and policy.
At a minimum, the report must summarize and contain the following data:
(1) the commissioner's new text begin most recent new text end workload study under section 401.17, subdivision
4;new text begin and
new text end
deleted text begin
(2) the commissioner's collected caseload data under section 244.21, subdivision 1; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end projected growth in the community supervision formula calculated by analyzing
deleted text begin caseloaddeleted text end new text begin supervision populationnew text end trends and data.
deleted text begin
(b) The report may be made in conjunction with reporting under section 244.21.
deleted text end
Minnesota Statutes 2024, section 401.11, subdivision 1, is amended to read:
(a) new text begin Except for an abbreviated comprehensive plan submitted
under section 401.115, new text end a comprehensive plan submitted to the commissioner for approval
under section 401.06 must include items prescribed by commissioner policy and may include
the following:
(1) the manner in which presentence and postsentence investigations and reports for the
district courts and social history reports for the juvenile courts will be made;
(2) the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner will be provided;
(3) a program for detaining, supervising, and treating persons under pretrial detention
or under commitment;
(4) delivery of other correctional services;
(5) proposals for new programs, which proposals must demonstrate a need for the
program, and the program's purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration;
(6) descriptions of programs that adhere to best practices for assessing risk and using
interventions that address an individual's needs while tailoring supervision and interventions
by using risk, need, and responsivity principles; and
(7) data on expenditures, costs, and programming results and outcomes for individuals
under community supervision.
(b) The commissioner must develop in policy budgetary requirements for comprehensive
plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's
subsidy for correctional services and programming to produce successful community
supervision outcomes.
new text begin
A Tribal Nation electing not to provide services as a
CCA jurisdiction or a CPO jurisdiction under section 244.19, subdivision 1a, paragraph (b),
is eligible for a subsidy of $250,000 annually to purchase or provide community supervision
services or reentry services, including contracted services.
new text end
new text begin
(a) A Tribal Nation is eligible to receive funding under
subdivision 1 upon submission and approval by the commissioner of an abbreviated
comprehensive plan. Section 401.08 does not apply. The abbreviated plan must comply
with commissioner-developed standards and, at minimum:
new text end
new text begin
(1) describe the community supervision services or reentry services for which the funding
will be utilized;
new text end
new text begin
(2) identify a steering committee to oversee the use of funds; and
new text end
new text begin
(3) provide a budget for those services.
new text end
new text begin
(b) Once approved, the abbreviated comprehensive plan is valid for two years.
new text end
new text begin
A Tribal Nation receiving the subsidy under subdivision 1
must be paid according to section 401.14.
new text end
new text begin
A Tribal Nation
electing to become a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under section 401.10,
subdivision 1, paragraphs (a) to (c), and:
new text end
new text begin
(1) has the Tribal Nation's funding amount under subdivision 1 transferred to the
community supervision formula amount appropriated for the purpose of section 401.10;
new text end
new text begin
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under section 401.10, subdivision 1,
paragraph (a), clause (2); and
new text end
new text begin
(3) is subject to all requirements relating to providing correctional services under section
244.19 and chapter 401.
new text end
Minnesota Statutes 2024, section 401.14, is amended to read:
new text begin
(a) This section does not apply to:
new text end
new text begin
(1) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (d); and
new text end
new text begin
(2) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c),
for the portion of the subsidy distributed for felony probation services.
new text end
new text begin (b) new text end After a county or Tribal Nation becomes compliant with the prerequisites for receiving
the subsidy and the commissioner approves thenew text begin applicablenew text end comprehensive plan, the
commissioner must determine whether funds exist to pay the subsidy and proceed to pay it
in accordance with applicable law.
Based on the approved comprehensive
plan, the commissioner may estimate the amount to be expended in furnishing the required
correctional services during each calendar quarter and cause the estimated amount to be
remitted to the counties and Tribal Nations entitled to the amount as provided under section
401.15, subdivision 1.
The commissioner must:
(1) make payments for correctional services to each county and Tribal Nation in 12
installments per year;
(2) ensure that the pertinent payment of the allotment for each month is made to each
county and Tribal Nation on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year; and
(3) ensure that each county and Tribal Nation receives its monthly payment allotment
no later than the last working day of each month.
Minnesota Statutes 2024, section 401.15, subdivision 2, is amended to read:
The commissioner must deleted text begin annuallydeleted text end review the community
supervision formula under section 401.10 new text begin at the start of each biennium new text end and calculate and
prorate the subsidy accordingly.
Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
(5) two representatives appointed by the Minnesota Indian Affairs Council;
(6) two commissioner-appointed representatives from the Department of Corrections;
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
(8) three individuals deleted text begin who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systemsdeleted text end new text begin with varied experiences
in community supervision, reflecting the diversity of the state's supervision frameworks as
well as demographic and geographic diversity,new text end appointed by the commissioner in consultation
with the Minnesota Association of County Probation Officers and the Minnesota Association
of Community Corrections Act Counties;
(9) an advocate for victims of crime appointed by the commissioner; deleted text begin and
deleted text end
(10) a representative from a community-based research deleted text begin anddeleted text end new text begin ornew text end advocacy entity appointed
by the commissionerdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(11) two judicial representatives, one from the seven-county metropolitan area and one
from greater Minnesota, appointed by the Minnesota Judicial Council;
new text end
new text begin
(12) one prosecutor appointed by the Minnesota County Attorneys Association; and
new text end
new text begin
(13) one defense attorney appointed by the Minnesota State Public Defender.
new text end
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
(c) Chapter 15 applies to the extent consistent with this section.
(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.
Minnesota Statutes 2024, section 401.17, subdivision 5, is amended to read:
(a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three community supervision systems, and
(2) collect data for the commissioner to publish in an annual report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy.
(b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
(1) the number of individuals sentenced to supervision each year;
(2) the offense levels, offense types, and assessed risk levels for which individuals are
sentenced to supervision;
(3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
(4) the number of individuals granted early discharge from probation;
(5) the number of individuals restructured on supervision, including imposition of new
conditions of release; and
(6) the number of individuals revoked from supervision and the identified grounds for
revocation.
(c) Beginning deleted text begin January 15deleted text end new text begin May 1new text end , 2025, as part of the report under section deleted text begin 241.21deleted text end new text begin 244.21new text end ,
subdivision 2, the commissioner must include data collected under the committee method
established under this subdivision. The commissioner must analyze the collected data by
race, gender, and county, including Tribal Nations.
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under other law.
Laws 2023, chapter 52, article 11, section 31, is amended to read:
(a) The commissioner of corrections shall establish a pilot program with interested
counties to provide mental health care to individuals with serious and persistent mental
illness who are incarcerated in county jails. The pilot program must require the participating
counties to pay according to Minnesota Statutes, section 243.51, a per diem for
reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
Heights, and other costs incurred by the Department of Corrections.
(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
develop program protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program
is limited to a total of five incarcerated individuals from the participating counties at any
one time. Incarcerated individuals must deleted text begin volunteer to be treated in the unit anddeleted text end be able to
participate in programming with other incarcerated individuals.new text begin A licensed mental health
professional must evaluate the incarcerated individual and recommend the individual to
receive treatment in the unit.
new text end
(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
psychology, and associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the pilot program.
deleted text begin
(d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
corrections describing the protocols, guidelines, and procedures for participation in the pilot
program by counties and incarcerated individuals, challenges with staffing, cost sharing
with counties, capacity of the program, services provided to the incarcerated individuals,
program outcomes, concerns regarding the program, and recommendations for the viability
of a long-term program.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The pilot program expires deleted text begin November 16, 2024deleted text end new text begin August 1, 2027new text end .
new text begin
Minnesota Statutes 2024, sections 253.21; and 253.23,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2024, section 480.243, is amended by adding a subdivision
to read:
new text begin
The State Board of Civil Legal Aid shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
judiciary on data related to the cases and individuals and families serviced by each of the
grant recipients providing legal services with funds received pursuant to section 480.242.
The data shall be provided for each individual organization and, when possible, for each
geographic region the organization works in, and provided in the aggregate to protect the
privacy of the individuals and families served by the organization. Reports under this section
shall be submitted by July 15 each year.
new text end
Minnesota Statutes 2024, section 484.44, is amended to read:
There shall be at all times a chief deputy sheriff of St. Louis County and a chief deputy
court administrator of the district court of St. Louis County and such other deputies as may
be necessary, resident at the city of Virginia, or the city of Ely, or the city of Hibbing, and
their appointment shall be made in the same manner as other deputy sheriffs and deputy
clerks of the district court in said county. The salaries of such deputies shall be fixed and
paid in the same manner as other such deputies. The office of said deputy sheriff at Virginia,
Hibbing, and Ely shall not in any sense be considered or deemed the office of the sheriff
for any purpose except the performance of duties relating solely to proceedings tried or to
be tried at said places; but the office of the deputy court administrator at said places shall
be equally deemed the office of the court administrator of court for all purposes deleted text begin except the
filing of papers in actions or proceedings to be tried at Duluthdeleted text end . Marriage licenses and
naturalization papers may be issued by said deputy court administrator.
Minnesota Statutes 2024, section 484.51, is amended to read:
deleted text begin Afterdeleted text end new text begin Regardless ofnew text end the place of trial of any cause deleted text begin is determineddeleted text end , as provided in sections
484.44 to 484.52, all papers, orders and documents pertaining to all causes deleted text begin to be tried at
Virginia and filed in court shall be filed and be kept on file at the court administrator's office
in the city of Virginia, and all causes to be tried in Hibbing and all papers, orders and
documents pertaining thereto shall be filed and be kept on file at the court administrator's
office in the city of Hibbingdeleted text end new text begin can be filed at any court location in St. Louis Countynew text end .
In all actions tried at the city of Virginia or the city of Hibbing, the court administrator,
as soon as final judgment is entered, shall forthwith cause such judgment to be docketed in
the court administrator's office at the county seat; and when so docketed the same shall
become a lien on real estate and have the same effect as judgments entered in causes tried
at the county seat.
In all actions tried at the city of Virginia or the city of Hibbing, involving the title of
real estate, upon final judgment being entered, all the papers in said cause shall be filed in
the court administrator's office at the county seat and the final judgment or decree recorded
therein, and a certified copy of all papers in the case shall be made by the court administrator
and retained at the court administrator's office in the city of Virginia or in the court
administrator's office in the city of Hibbing where the action was originally tried, without
additional charge to the parties to said action.
Minnesota Statutes 2024, section 518.68, subdivision 1, is amended to read:
Every court order or judgment and decree under this
chapter or chapter 518A that provides for child support, spousal maintenance, custody, or
parenting time must contain certain notices as set out in subdivision 2. The information in
the notices must be concisely stated in plain languagedeleted text begin . The notices must bedeleted text end new text begin andnew text end in clearly
legible printdeleted text begin , but may not exceed two pagesdeleted text end . An order or judgment and decree without the
notice remains subject to all statutes. The court may waive all or part of the notice required
under subdivision 2 relating to parental rights under section 518.17, subdivision 3, if it finds
it is necessary to protect the welfare of a party or child.
Minnesota Statutes 2024, section 524.5-420, is amended to read:
(a) A conservator shall report to the court for administration of the estate annually unless
the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. new text begin A copy of the report must be provided
to the person subject to conservatorship and to interested persons of record with the court.
new text end An order, after notice and hearing, allowing an intermediate report of a conservator
adjudicates liabilities concerning the matters adequately disclosed in the accounting. An
order, after notice and hearing, allowing a final report adjudicates all previously unsettled
liabilities relating to the conservatorship.
(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.
(c) The report must also state an address or post office box and a telephone number
where the conservator can be contacted.
(d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this paragraph. The conservator must report any of the
occurrences in this paragraph and follow the same reporting requirements in this paragraph
for any employee of the conservator responsible for exercising powers and duties under the
conservatorship. A copy of the report must be provided to the person subject to
conservatorship and to interested persons of record with the court. A conservator shall report
when:
(1) the conservator is removed for cause from serving as a guardian or conservator, and
if so, the case number and court location;
(2) the conservator has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so,
the licensing agency and license number, and the basis for denial, condition, suspension,
revocation, or cancellation of the license;
(3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;
(4) the conservator files for or receives protection under the bankruptcy laws, and if so,
the case number and court location;
(5) a civil monetary judgment is entered against the conservator, and if so, the case
number, court location, and outstanding amount owed;
(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or
(7) an order for protection or harassment restraining order is issued against the
conservator, and if so, the case number and court location.
(e) A person subject to conservatorship or an interested person of record with the court
may submit to the court a written statement disputing account statements regarding the
administration of the estate or addressing any disciplinary or legal action that is contained
in the reports and may petition the court for any order that is in the best interests of the
person subject to conservatorship and the estate or for other appropriate relief.
(f) An interested person may notify the court in writing that the interested person does
not wish to receive copies of reports required under this section after which time neither
the court nor any other person is required to give notice to any person who has waived
notice.
(g) The court may appoint a visitor to review a report or plan, interview the person
subject to conservatorship or conservator, and make any other investigation the court directs.
In connection with a report, the court may order a conservator to submit the assets of the
estate to an appropriate examination to be made in a manner the court directs.
(h) The court shall establish a system for monitoring of conservatorships, including the
filing and review of conservators' reports and plans. If an annual report is not filed within
60 days of the required date, the court shall issue an order to show cause. Unless otherwise
ordered by the court, a report under this section shall be filed publicly.
(i) If there is no acting guardian, a conservator that becomes aware of the death of the
person subject to conservatorship shall notify in writing; orally; or by phone, text message,
email, or electronic service, all known interested persons as defined by section 524.5-102,
subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), and the court as soon as is reasonably
practical, that the person subject to conservatorship has died. The conservator may delegate
this task under reasonable circumstances.
(j) If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.
Minnesota Statutes 2024, section 13.03, subdivision 3, is amended to read:
(a) Upon request to a responsible authority or
designee, a person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of the data's meaning. If
a person requests access for the purpose of inspection, the responsible authority may not
assess a charge or require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection" includes, but is not limited to, the visual
inspection of paper and similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy is the only method to provide
for inspection of the data. In the case of data stored in electronic form and made available
in electronic form on a remote access basis to the public by the government entity, inspection
includes remote access to the data by the public and the ability to print copies of or download
the data on the public's own computer equipment. Nothing in this section prohibits a
government entity from charging a reasonable fee for remote access to data under a specific
statutory grant of authority. A government entity may charge a fee for remote access to data
where either the data or the access is enhanced at the request of the person seeking access.
(c) The responsible authority or designee shall provide copies of public data upon request.
If a person requests copies or electronic transmittal of the data to the person, the responsible
authority may require the requesting person to pay the actual costs of searching for and
retrieving government data, including the cost of employee time, and for making, certifying,
and electronically transmitting the copies of the data or the data, but may not charge for
separating public from not public data. However, if 100 or fewer pages of black and white,
letter or legal size paper copies are requested, actual costs shall not be used, and instead,
the responsible authority may charge no more than 25 cents for each page copied. If the
responsible authority or designee is not able to provide copies at the time a request is made,
copies shall be supplied as soon as reasonably possible.
(d) When a request under this subdivision involves any person's receipt of copies of
public government data that has commercial value and is a substantial and discrete portion
of or an entire formula, pattern, compilation, program, device, method, technique, process,
database, or system developed with a significant expenditure of public funds by the
government entity, the responsible authority may charge a reasonable fee for the information
in addition to the costs of making and certifying the copies. Any fee charged must be clearly
demonstrated by the government entity to relate to the actual development costs of the
information. The responsible authority, upon the request of any person, shall provide
sufficient documentation to explain and justify the fee being charged.
(e) The responsible authority of a government entity that maintains public government
data in a computer storage medium shall provide to any person making a request under this
section a copy of any public data contained in that medium, in electronic form, if the
government entity can reasonably make the copy or have a copy made. This does not require
a government entity to provide the data in an electronic format or program that is different
from the format or program in which the data are maintained by the government entity. The
entity may require the requesting person to pay the actual cost of providing the copy.
(f) If the responsible authority or designee determines that the requested data is classified
so as to deny the requesting person access, the responsible authority or designee shall inform
the requesting person of the determination either orally at the time of the request, or in
writing as soon after that time as possible, and shall cite the specific statutory section,
temporary classification, or specific provision of federal law on which the determination is
based. Upon the request of any person denied access to data, the responsible authority or
designee shall certify in writing that the request has been denied and cite the specific statutory
section, temporary classification, or specific provision of federal law upon which the denial
was based.
new text begin
(g) If a responsible authority has notified the requesting person that responsive data or
copies are available for inspection or collection, and the requesting person does not inspect
the data or collect the copies within five business days of the notification, the responsible
authority may suspend any further response to the request until the requesting person inspects
the data that has been made available, or collects and pays for the copies that have been
produced.
new text end
Minnesota Statutes 2024, section 13.32, subdivision 2, is amended to read:
(a) Health data concerning
students, including but not limited to, data concerning immunizations, notations of special
physical or mental problems and records of school nurses are educational data. Access by
parents to student health data shall be pursuant to section 13.02, subdivision 8.
(b) Pupil census data, including emergency information and family information are
educational data.
deleted text begin
(c) Data concerning parents are private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under subdivision 5 are followed.
deleted text end
new text begin
This section is effective the day following final enactment.
Beginning upon the effective date of this section, a parent's personal contact information
subject to this section must be treated by an educational agency or institution as private data
on individuals regardless of whether that contact information was previously designated as
or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.
new text end
Minnesota Statutes 2024, section 13.32, subdivision 5, is amended to read:
(a) Educational data designated as
directory information is public data on individuals to the extent required under federal law.
Directory information must be designated pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.
(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.
(c) An educational agency or institution may not designate a student's new text begin or parent's new text end home
address, telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
(d) When requested, educational agencies or institutions must share personal student new text begin or
parent new text end contact information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.
(e) When requested, educational agencies or institutions may share personal student new text begin or
parent new text end contact information and directory information for students served in special education
with postsecondary transition planning and services under section 125A.08, paragraph (b),
clause (1), whether public or private, with the Department of Employment and Economic
Development, as required for coordination of services to students with disabilities under
sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027.
new text begin
(f) Data concerning parents is private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under this subdivision are followed, except that a parent's
home address, telephone number, email address, or other personal contact information may
not be treated as directory information under this subdivision.
new text end
new text begin
This section is effective the day following final enactment.
Beginning upon the effective date of this section, a parent's personal contact information
subject to this section must be treated by an educational agency or institution as private data
on individuals regardless of whether that contact information was previously designated as
or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.
new text end
Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:
(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:
(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education and training background;
and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;
(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.
(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.
(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state agency heads;
(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;
new text begin
(3) members of the Metropolitan Council appointed by the governor under section
473.123, subdivision 3;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and
deleted text begin (4)deleted text end new text begin (5)new text end the following employees:
(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;
(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;
(iii) in a city deleted text begin with a population of more than 7,500deleted text end or a county deleted text begin with a population of moredeleted text end
deleted text begin than 5,000deleted text end : managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; deleted text begin and
deleted text end
(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positionsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(v) in the Metropolitan Council, a public corporation and political subdivision of the
state established under chapter 473: the chair of the Metropolitan Council appointed by the
governor; the regional administrator appointed as the principal administrative officer by the
Metropolitan Council under section 473.125; the deputy regional administrator; the general
counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the
executive heads of divisions, including the general managers and executive directors; the
executive head responsible for compliance with Equal Employment Opportunity provisions
of federal law; and the chief law enforcement officer of the Metropolitan Transit Police
appointed by the regional administrator under section 473.407, subdivision 4.
new text end
(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause deleted text begin (4)deleted text end new text begin (5)new text end , are public only if:
(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or
(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.
This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.
Minnesota Statutes 2024, section 13.825, subdivision 4, is amended to read:
(a) For purposes of this chapter, a portable recording
system data subject includes the peace officer who collected the data, and any other individual
or entity, including any other peace officer, regardless of whether the officer is or can be
identified by the recording, whose image or voice is documented in the data.
(b) An individual who is the subject of portable recording system data has access to the
data, including data on other individuals who are the subject of the recording. If the individual
requests a copy of the recording, data on other individuals who do not consent to its release
must be redacted from the copy. The identity and activities of an on-duty peace officer
engaged in an investigation or response to an emergency, incident, or request for service
may not be redacted, unless the officer's identity is subject to protection under section 13.82,
subdivision 17, clause (a).
new text begin
(c) Notwithstanding section 13.82, subdivision 7, upon request, a person entitled to a
report of a collision under section 169.09, subdivision 13, must be provided with copies of
unredacted data from all portable recording systems used in the collision investigation,
including data on other individuals who are the subject of the recording. A request must be
made in writing and accompanied by the accident report relating to the data. Data provided
under this paragraph must only be used to process a claim related to the collision or as
evidence in a proceeding related to the collision. The requestor must not disseminate the
data or use the data for any other purpose. A requestor who disseminates or uses the data
in violation of this paragraph is subject to the remedies and penalties under section 13.08.
A law enforcement agency must notify the requestor that the remedies and penalties under
section 13.08 apply to a violation of this paragraph. A law enforcement agency may deny
a request to provide unredacted portable recording system data under this paragraph if:
new text end
new text begin
(1) the agency determines there is a compelling reason that providing access to the data
would interfere with an active investigation;
new text end
new text begin
(2) the data is clearly offensive to common sensibilities; or
new text end
new text begin
(3) the data is classified as not public by other provisions under this chapter.
new text end
new text begin
If a law enforcement agency denies access under clause (1), the agency must provide a
prompt, written reason for the denial to the individual who requested the data with a
description of the compelling reason and must provide notice that relief may be sought from
the district court under section 13.82, subdivision 7. This paragraph does not apply to the
Minnesota State Patrol.
new text end
Minnesota Statutes 2024, section 13.991, is amended to read:
(a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.
(b) If the responsible authority or government entity violates this chapter, the remedies
and penalties under this chapter are available only if the judicial official making a claim
previously provided written notification to the responsible authority confirming on a form
provided by the Minnesota judicial branch that they are entitled to protection under section
480.40. If the subject of the data is an adult child of a judicial official who does not reside
with the judicial official, the remedies and penalties under this chapter are available only
if the adult child previously provided written notification to the responsible authority
confirming their status as the child of a judicial official. In the case of county records, the
form shall be filed with the responsible authority that maintains the personal information
for which the judicial officer is seeking protection. A form submitted under this section is
private data on individuals. A notice filed under this paragraph expires five years following
the date of filing, unless it is renewed prior to the expiration date.
(c) deleted text begin This section shall not apply todeleted text end new text begin Notwithstanding paragraph (a), section 480.50 shall
governnew text end personal information deleted text begin contained in:deleted text end new text begin of all judicial officials contained in real property
records, as defined in section 480.50, subdivision 1, paragraph (f).
new text end
deleted text begin
(1) real property records as defined in section
deleted text end
deleted text begin
13.045, subdivision 1
deleted text end
deleted text begin
, clause (5);
deleted text end
deleted text begin
(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(3) any other records maintained by a
deleted text end
deleted text begin
government entity
deleted text end
deleted text begin
evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin
This section is effective January 1, 2026.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Disability" means any condition or characteristic that renders a person a disabled
person. A disabled person is any person who:
new text end
new text begin
(1) has a physical, sensory, or mental impairment which materially limits one or more
major life activities;
new text end
new text begin
(2) has a record of such an impairment;
new text end
new text begin
(3) is regarded as having such an impairment; or
new text end
new text begin
(4) has an impairment that is episodic or in remission and would materially limit a major
life activity when active.
new text end
new text begin
(c) "Patient registry" means a list, directory, or database of the names, contact information,
or other identifying information of individuals who have, had, or are at risk of having a
specific disability.
new text end
new text begin
(a) Except as specifically authorized or required
by state or federal law, a person must not add, share, or disseminate the following data to
a patient registry without the individual's informed consent to have the individual's data
included on the patient registry:
new text end
new text begin
(1) an individual's name or other data that could reasonably be used to identify an
individual; or
new text end
new text begin
(2) an individual's contact information, including but not limited to a home address,
telephone number, or electronic mail addresses.
new text end
new text begin
(b) Nothing in this section prohibits an individual from transmitting the individual's own
identifying data to a patient registry.
new text end
new text begin
The attorney general may enforce this section pursuant to section
8.31, except that the remedies provided by section 8.31, subdivision 3a, do not apply to a
violation of this section. A government entity, as defined by section 13.02, subdivision 7a,
that violates this section is subject to the remedies and penalties under sections 13.08, 13.085,
and 13.09.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 144E.123, subdivision 3, is amended to read:
Prehospital care data may be reviewed by the director or its designees.
The data shall be classified as private data on individuals under chapter 13, the Minnesota
Government Data Practices Act.new text begin The director may share with the Washington/Baltimore
High Intensity Drug Trafficking Area's Overdose Detection Mapping Application Program
(ODMAP), data that identifies where and when an overdose incident happens, fatality status,
suspected drug type, naloxone administration, and first responder type. ODMAP may:
new text end
new text begin
(1) allow secure access to the system by authorized users to report information about an
overdose incident;
new text end
new text begin
(2) allow secure access to the system by authorized users to view, in near real-time,
information about overdose incidents reported;
new text end
new text begin
(3) produce a map in near real-time of the approximate locations of confirmed or
suspected overdose incidents reported; and
new text end
new text begin
(4) enable access to overdose incident information that assists in state and local decisions
regarding the allocation of public health, public safety, and educational resources for the
purposes of monitoring and reporting data related to suspected overdoses.
new text end
Minnesota Statutes 2024, section 299C.80, subdivision 6, is amended to read:
new text begin (a) new text end As provided for in chapter 13, the superintendent must make
all inactive investigative data for officer-involved death investigations that are public under
section 13.82, subdivision 7, or other applicable law available on the bureau's website within
30 days of the deleted text begin end of the last criminal appeal of a subject of an investigation.deleted text end new text begin case becoming
inactive as defined in section 13.82, subdivision 7, except any video that does not record,
describe, or otherwise document actions and circumstances surrounding the officer-involved
death.
new text end
new text begin (b) new text end By February 1 of each year, the superintendent shall report to the commissioner, the
governor, and the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety finance and policy the following information about the unit:
the number of investigations initiated; the number of incidents investigated; the outcomes
or current status of each investigation; the charging decisions made by the prosecuting
authority of incidents investigated by the unit; the number of plea agreements reached in
incidents investigated by the unit; and any other information relevant to the unit's mission.
new text begin
(c) Nothing in this subdivision modifies the requirements of chapter 13 or the
classification of data.
new text end
Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:
(a) For purposes of this section and section 480.45, the
following terms have the meanings given.
(b) "Judicial official" means:
(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;
(2) anew text begin current or retirednew text end justice of the Minnesota Supreme Court;
(3) employees of the Minnesota judicial branch;
(4) judicial referees and magistrate judges; and
(5) current and retired judges and current employees of the Office of Administrative
Hearings, new text begin Department of Human Services Appeals Division, new text end Workers' Compensation Court
of Appeals, and Tax Court.
(c) "Personal information" does not include publicly available information. Personal
information means:
(1) a residential address of a judicial official;
(2) a residential address of the spouse, domestic partner, or children of a judicial official;
(3) a nonjudicial branch issued telephone number or email address of a judicial official;
(4) the name of any child of a judicial official; and
(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.
(d) "Publicly available information" means information that is lawfully made available
through federal, state, or local government records or information that a business has a
reasonable basis to believe is lawfully made available to the general public through widely
distributed media, by a judicial official, or by a person to whom the judicial official has
disclosed the information, unless the judicial official has restricted the information to a
specific audience.
(e) "Law enforcement support organizations" do not include charitable organizations.
new text begin
(f) "Real property records" has the meaning given in section 480.50, subdivision 1,
paragraph (f).
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 480.40, subdivision 3, is amended to read:
new text begin (a)new text end Subdivision 2 deleted text begin doesdeleted text end new text begin and section 480.50 donew text end not apply to:
(1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
(2) personal information that the judicial official voluntarily disseminates publicly after
August 1, 2024;
(3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official;
(4) a commercial entity using personal information internally, providing access to
businesses under common ownership or affiliated by corporate control, or selling or providing
data for a transaction or service requested by or concerning the individual whose personal
information is being transferred;
(5) a commercial entity providing publicly available information through real-time or
near real-time alert services for health or safety purposes;
(6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
communication, or use of any personal information bearing on a consumer's credit worthiness,
credit standing, credit capacity, character, general reputation, personal characteristics, or
mode of living by a consumer reporting agency, furnisher, or user that provides information
for use in a consumer report, and by a user of a consumer report, but only to the extent that
such activity is regulated by and authorized under the federal Fair Credit Reporting Act,
United States Code, title 15, section 1681, et seq.;
(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
States Code, title 15, section 1681, et seq.;
(8) a commercial entity using personal information collected, processed, sold, or disclosed
in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,
title 18, section 2721, et seq.;
(9) a commercial entity using personal information to do any of the following: prevent,
detect, protect against, or respond to security incidents, identity theft, fraud, harassment,
malicious or deceptive activities, or any illegal activity; preserve the integrity or security
of systems; or investigate, report, or prosecute any person responsible for any such action;
(10) a financial institution, affiliate of a financial institution, or data subject to title V
of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;
(11) a covered entity or business associate for purposes of the federal privacy regulations
promulgated under the federal Health Insurance Portability and Accountability Act of 1996,
specifically United States Code, title 42, section 1320d-2 note;
(12) insurance and insurance support organizations;
(13) law enforcement agencies or law enforcement support organizations and vendors
that provide data support services to law enforcement agencies;
new text begin
(14) the display of a property address on a real estate or mapping platform when the
address is not displayed or disclosed in connection with any ownership or occupancy
information or other personal identifying information of a judicial official; and
new text end
deleted text begin (14)deleted text end new text begin (15)new text end the collection and sale or licensing of covered information incidental to
conducting the activities described in clauses (4) to deleted text begin (13); anddeleted text end new text begin (14).
new text end
deleted text begin
(15) personal information
deleted text end
deleted text begin
contained in:
deleted text end
deleted text begin
(i) real property records as defined in section 13.045, subdivision 1, clause (5);
deleted text end
deleted text begin
(ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
deleted text end
deleted text begin
(iii) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin
(b) Subdivision 2 does not apply to personal information of judicial officials collected,
created, or maintained in real property records.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 480.45, subdivision 2, is amended to read:
(a) Upon receipt of an affidavit
requesting removal of the personal information of a judicial official that meets the
requirements of subdivision 1, the person, business, association, or government entity shall
remove the publicly posted personal information within 30 days. If the person, business,
association, or government entity fails to remove the publicly posted personal information
within 30 days after an affidavit is submitted, the judicial official may file a civil action in
a court of competent jurisdiction seeking a court order compelling compliance, including
injunctive and declarative relief.
(b) Paragraph (a) shall not apply to personal information contained indeleted text begin :deleted text end new text begin real property
records, as defined in section 480.50, subdivision 1, paragraph (f), when disseminated
directly by a government entity or when publicly posted or published in a manner required
by statute.
new text end
deleted text begin
(1) real property records as defined in section
deleted text end
deleted text begin
13.045, subdivision 1
deleted text end
deleted text begin
, clause (5);
deleted text end
deleted text begin
(2) uniform commercial code filings and tax liens maintained by the secretary of state;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(3) any other records maintained by a government entity evidencing title to, or any lien,
deleted text end
deleted text begin
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin
This section is effective January 1, 2026.
new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause
(4).
new text end
new text begin
(c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end
new text begin
(d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph
(b), except that it does not include: (1) employees of the Minnesota judicial branch, the
Office of Administrative Hearings, the Workers' Compensation Court of Appeals, or the
Tax Court; or (2) judges or employees in the Department of Human Services Appeals
Division.
new text end
new text begin
(e) "Personal information" has the meaning given in section 480.40, subdivision 1,
paragraph (c).
new text end
new text begin
(f) "Real property records" means any of the following:
new text end
new text begin
(1) real property records as defined in section 13.045, subdivision 1, clause (5);
new text end
new text begin
(2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State;
and
new text end
new text begin
(3) any other records maintained by a county recorder or other government entity
evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.
new text end
new text begin
(g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.
new text end
new text begin
(a) Subject to the provisions of this section, the personal
information of all judicial officials collected, created, or maintained in real property records
is private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(b) If the responsible authority or government entity violates this section, the remedies
and penalties under chapter 13 are available only if the judicial official making a claim
previously provided a real property notice that complies with subdivision 3. If the subject
of the data is the spouse, domestic partner, or adult child of a judicial official who does not
reside with the judicial official, the remedies and penalties under chapter 13 are available
only if the spouse, domestic partner, or adult child previously provided a notification under
subdivision 3 to the responsible authority confirming their status as the spouse, domestic
partner, or adult child of a judicial official. In the case of county records, the notification
shall be filed with the responsible authority that maintains the personal information for
which protection is sought. A notification submitted under this section is private data on
individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(a) For the classification in subdivision 2 to apply to personal
information in real property records, a judicial official must submit a real property notice
in writing to the county recorder in the county where the property identified in the real
property notice is located and to the Office of the Secretary of State. To affect real property
records maintained by any other government entity, a judicial official must submit a real
property notice in writing to the other government entity's responsible authority. If the
personal information is that of the spouse, domestic partner, or adult child of a judicial
official who does not reside with the judicial official, the spouse, domestic partner, or adult
child must submit a real property notice. The real property notice is classified as private
data on individuals, as defined in section 13.02, subdivision 12. A real property notice must
be on a form provided by the judicial branch and must include:
new text end
new text begin
(1) the full legal name of the individual submitting the form;
new text end
new text begin
(2) the last four digits of the individual's Social Security number;
new text end
new text begin
(3) the individual's date of birth;
new text end
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(4) the individual's telephone number and email;
new text end
new text begin
(5) the residential address of the individual in Minnesota;
new text end
new text begin
(6) the legal description, parcel identification number, and street address, if any, of the
real property affected by the notice;
new text end
new text begin
(7) if applicable, the document number and certificate of title number; and
new text end
new text begin
(8) a certification that the individual is a judicial official or the spouse, domestic partner,
or adult child of a judicial official that contains the notarized signature of the individual.
new text end
new text begin
(b) A notice submitted by a judicial official employed by the state must include the
employer's business address and a verification of current employment signed by the
employer's human resources office.
new text end
new text begin
(c) A notice submitted pursuant to this subdivision by a spouse, domestic partner, or
adult child of a judicial official not residing with the judicial official must include a notarized
verification that the individual is the spouse, domestic partner, or adult child of a judicial
official.
new text end
new text begin
(d) Only one parcel of real property may be included in each notice, but an individual
may submit more than one notice. A government entity may require an individual to provide
additional information necessary to identify the records or the real property described in
the notice. An individual submitting a notice must submit a new real property notice if their
legal name changes.
new text end
new text begin
(a) If an individual submits a notice under
subdivision 3, the county recorder or other government entity must not disclose the
individual's personal information in conjunction with the property identified in the written
notice, unless:
new text end
new text begin
(1) the individual has consented to sharing or dissemination of the personal information
for the purpose identified in a writing signed by the individual and acknowledged by a
notary public;
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new text begin
(2) the personal information is subject to dissemination pursuant to a court order under
section 13.03, subdivision 6;
new text end
new text begin
(3) the personal information is shared with a government entity for the purpose of
administering assessment and taxation laws;
new text end
new text begin
(4) the personal information is disseminated pursuant to subdivision 5; or
new text end
new text begin
(5) the personal information is shared with the examiner of titles or deputy examiner as
necessary to perform their statutory duties under chapters 508 and 508A, including the
dissemination of personal information in Reports of Examiner.
new text end
new text begin
(b) This subdivision does not prevent the county recorder from returning original
documents to the person who submitted the documents for recording. Each county recorder
shall establish procedures for recording documents to comply with this subdivision. These
procedures may include masking personal information and making documents or certificates
of title containing the personal information private and not viewable except as allowed by
this paragraph. The procedure must comply with the requirements of chapters 386, 507,
508, and 508A, and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 5 is deemed constructive notice of the
document or certificate.
new text end
new text begin
(c) A real property notice submitted under subdivision 3 shall apply retroactively to all
online and digital real property records, but only to the extent the individual submitting the
notice provides: (1) for county recorder records, the document number or certificate of title
number of each record for which protection is sought, except digitized or scanned tract
pages and books; and (2) for other government entity real property records, the parcel
identification number of each record for which protection is sought. Otherwise, paragraph
(a) applies only to the real property records recorded or filed concurrently with the real
property notice specified in subdivision 3 and to real property records affecting the same
real property recorded subsequent to the county recorder or other government entity's receipt
of the real property notice.
new text end
new text begin
(d) The county recorder or other government entity shall have 60 days from the date of
receipt of a real property notice under subdivision 3 to process the request. If the individual
cites exigent circumstances, the county recorder or other government entity shall process
the request as soon as practicable.
new text end
new text begin
(e) The prohibition on disclosure in paragraph (a) continues until:
new text end
new text begin
(1) the individual has consented to the termination of the real property notice in a writing
signed by the individual and acknowledged by a notary public;
new text end
new text begin
(2) the real property notice is terminated pursuant to a court order;
new text end
new text begin
(3) the individual no longer holds a record interest in the real property identified in the
real property notice;
new text end
new text begin
(4) the individual is deceased and a certified copy of the death certificate has been filed
with the county recorder or other government entity to which a notice was given under
subdivision 3; or
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new text begin
(5) the individual who filed a real property notice pursuant to subdivision 3 no longer
qualifies for protection under this section because they are no longer a judicial official or
the spouse, domestic partner, or adult child of a judicial official. If the individual no longer
qualifies for protection under this section, the individual must notify each county recorder
or other government entity to which a notice under subdivision 3 was given within 90 days
after the individual no longer qualifies for protection.
new text end
new text begin
(f) Upon termination of the prohibition of disclosure, the county recorder shall make
publicly viewable all documents and certificates of title that were previously partially or
wholly private and not viewable pursuant to a notice filed under subdivision 3.
new text end
new text begin
(a) Upon request, the individual who submitted the real property notice under
subdivision 3 shall verify that the individual's real property is the property subject to a bona
fide title exam.
new text end
new text begin
(b) The county recorder or other government entity shall provide the unredacted real
property records of an individual who submitted a real property notice under subdivision 3
upon request of any of the following persons:
new text end
new text begin
(1) a licensed title insurance company representative, a licensed title insurance agent, a
licensed abstractor, or an attorney licensed to practice law in Minnesota;
new text end
new text begin
(2) a mortgage loan originator;
new text end
new text begin
(3) a real estate broker or a real estate salesperson; and
new text end
new text begin
(4) an individual or entity that has made or received an offer for the purchase of real
property to or from an individual who submitted a real property notice under subdivision 3
whose address is subject to nondisclosure, provided the request is accompanied by a written
consent from the individual.
new text end
new text begin
(c) A request made under paragraph (a) or (b) must be made on a notarized form and
include:
new text end
new text begin
(1) the full legal name, title, address, and place of employment, if applicable, of the
person requesting the real property records;
new text end
new text begin
(2) the lawful purpose for requesting the real property records;
new text end
new text begin
(3) the requestor's relationship, if any, to the individual who submitted a real property
notice under subdivision 3;
new text end
new text begin
(4) the legal description of the property subject to the title examination; and
new text end
new text begin
(5) proof of the requestor's licensure.
new text end
new text begin
(d) Personal information provided under this subdivision may be used only for the
purposes authorized in this subdivision or the lawful purposes set forth in the request for
disclosure form and may not be further disseminated to any other person. A person receiving
private data under this subdivision shall establish procedures to protect the data from further
dissemination unless further dissemination is required by law. However, the dissemination
of personal information in real property records by a licensed attorney or any employees in
the office of the licensed attorney is permitted when reasonably necessary for the provision
of legal services.
new text end
new text begin
The county
recorder or any other government entity is authorized to charge the following service fees:
new text end
new text begin
(1) up to $75 for each real property notice under subdivision 3;
new text end
new text begin
(2) up to $75 for each consent submitted under subdivision 4, paragraph (a), clause (1),
and subdivision 4, paragraph (e), clause (1); and
new text end
new text begin
(3) up to $75 for each request submitted under subdivision 5.
new text end
new text begin
These service fees shall not be considered county recorder fees under section 357.18 or
registrar of titles fees under section 508.82 or 508A.82 and shall be deposited into the county
recorder or other government entity's general fund.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 272.45, is amended to read:
When any past due or delinquent tax on land is paid by any occupant, tenant, or person
with deleted text begin andeleted text end new text begin a legal or equitablenew text end interest in the land other than a lien, or a person acting on that
person's behalf, which, by agreement or otherwise, ought to have been paid by the owner,
lessor, or other party in interest, such occupant, tenant, or person may recover by action the
amount which such owner, lessor, or party in interest ought to have paid, with interest
thereon at the rate of 12 percent per annum, or may retain the same from any rent due or
accruing from the person to such owner or lessor for land on which such tax is so paid. A
person making a payment under this section may file with the county recorder or registrar
of titles of the proper county a deleted text begin noticedeleted text end new text begin sworn statementnew text end stating the amount and date of such
payment, new text begin with a copy of the receipt attached, new text end and stating thenew text begin legal or equitablenew text end interest
claimed in the land, with a description of the land against which the taxes were charged;
and the same shall thereupon be a liennew text begin as of the date of recording of the sworn statementnew text end
upon such land in favor of the person paying the same until the same is paid. The county
recorder shall record such deleted text begin noticedeleted text end new text begin sworn statementnew text end in the indices maintained by the county
recorder. The registrar of titles shall record the deleted text begin noticedeleted text end new text begin sworn statementnew text end on the certificate of
title for the land. Upon the payment of any such lien, the person filing such deleted text begin noticedeleted text end new text begin sworn
statementnew text end shall satisfy the same of record.
Minnesota Statutes 2024, section 580.07, subdivision 1, is amended to read:
(a) The sale may be postponed, from time
to time, by the party conducting the foreclosure. The party requesting the postponement
must, at the party's expense:
(1) publish, only once, a notice of the postponement and the rescheduled date of the sale,
if known, as soon as practicable, in the newspaper in which the notice under section 580.03
was published; and
(2) send by first class mail to the occupant, postmarked within three business days of
the postponed sale, notice:
(i) of the postponement; and
(ii) if known, of the rescheduled date of the sale and the date on or before which the
mortgagor must vacate the property if the sheriff's sale is not further postponed, the mortgage
is not reinstated under section 580.30, the property is not redeemed under section 580.23,
or the redemption period is not reduced under section 582.032. The notice must state that
the time to vacate the property is 11:59 p.m. on the specified date.
(b) If the rescheduled date of the sale is not known at the time of the initial publication
and notice to the occupant of postponement, the foreclosing party must, at its expense if
and when a new date of sale is scheduled:
(1) publish, only once, notice of the rescheduled date of the sale, as soon as practicable,
in the newspaper in which the notice under section 580.03 and the notice of postponement
under paragraph (a) was published; and
(2) send by first class mail to the occupant, postmarked within ten days of the rescheduled
sale, notice:
(i) of the date of the rescheduled sale; and
(ii) of the date on or before which the mortgagor must vacate the property if the mortgage
is not reinstated under section 580.30 or the property redeemed under section 580.23. The
notice must state that the time to vacate the property is 11:59 p.m. on the specified date.
new text begin
(c) The right of a mortgagee to postpone a foreclosure sale under this section applies to
a foreclosure by action taken under chapter 581.
new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Minnesota Statutes 2024, section 580.07, subdivision 2, is amended to read:
(a) If all or a part of the property to
be sold is classified as homestead under section 273.124 and contains one to four dwelling
units, the mortgagor or owner may, in the manner provided in this subdivision, postpone
the sale to the first date that is not a Saturday, Sunday, or legal holiday and is:
(1) five months after the originally scheduled date of sale if the original redemption
period was six months under section 580.23, subdivision 1; or
(2) 11 months after the originally scheduled date of sale if the original redemption period
was 12 months under section 580.23, subdivision 2. To postpone a foreclosure sale pursuant
to this subdivision, at any time after the first publication of the notice of mortgage foreclosure
sale under section 580.03 but at least 15 days prior to the scheduled sale date specified in
that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set forth in
subdivision 3, (2) record the affidavit in the office of each county recorder and registrar of
titles where the mortgage was recorded, and (3) file with the sheriff conducting the sale and
deliver to the attorney foreclosing the mortgage a copy of the recorded affidavit, showing
the date and office in which the affidavit was recorded. Recording of the affidavit and
postponement of the foreclosure sale pursuant to this subdivision shall automatically reduce
the mortgagor's redemption period under section 580.23 to five weeks. The postponement
of a foreclosure sale pursuant to this subdivision does not require any change in the contents
of the notice of sale, service of the notice of sale if the occupant was served with the notice
of sale prior to postponement under this subdivision, or publication of the notice of sale if
publication was commenced prior to postponement under this subdivision, notwithstanding
the service and publication time periods specified in section 580.03, but the sheriff's
certificate of sale shall indicate the actual date of the foreclosure sale and the actual length
of the mortgagor's redemption period. No notice of postponement need be published. An
affidavit complying with subdivision 3 shall be prima facie evidence of the facts stated
therein, and shall be entitled to be recorded. The right to postpone a foreclosure sale pursuant
to this subdivision may be exercised only once, regardless whether the mortgagor reinstates
the mortgage prior to the postponed mortgage foreclosure sale.
(b) If the automatic stay under United States Code, title 11, section 362, applies to the
mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale
under this section, then when the automatic stay is no longer applicable, the mortgagor's or
owner's election to shorten the redemption period to five weeks under this section remains
applicable to the mortgage foreclosure.
(c) Except for the circumstances set forth in paragraph (b), this section does not reduce
the mortgagor's redemption period under section 580.23 for any subsequent foreclosure of
the mortgage.
new text begin
(d) The right of a mortgagor or owner to postpone a foreclosure sale under this section
applies to a foreclosure by action taken under chapter 581.
new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Minnesota Statutes 2024, section 580.10, is amended to read:
In all cases not provided for in section 580.09, new text begin and
except as required by subdivision 3, new text end if, after sale of any real estate, made as herein prescribed,
there remains in the hands of the officer making the sale any surplus money, after satisfying
the mortgage, with interest, taxes paid, and costs of sale, the surplus shall be paid over by
such officer, on demand, to the mortgagor, the mortgagor's legal representatives or assigns.new text begin
Any surplus of $100 or greater shall be held by the sheriff for the duration of the time
allowed for redemption under section 580.23 or 582.032, whichever is applicable, and if
requested by the owner, applied toward a redemption as described in subdivision 3. If there
is no redemption under section 580.23 or 582.032, a surplus of $100 or greater shall be paid
first to junior creditors with liens of record at the time of the sheriff's sale in order of priority,
if demanded by a junior creditor within the time allowed for redemption under section
580.23 or 582.032, whichever is applicable, and thereafter to the owner of record at the time
of the sheriff's sale, or as provided by court order under section 580.28. A demand by a
party other than the owner shall be accompanied by an affidavit stating the amount remaining
unpaid and the interest creating a right to the surplus.
new text end
new text begin
When there is a surplus of $100 or greater, the sheriff shall
notify the owner by mail sent to the property address, or, if no street address is assigned for
the property on the property tax statement, to the taxpayer's address on the property tax
statement, that a surplus exists and to call the sheriff's office for more information about
the surplus and how to make a claim to the surplus. The notice shall also include contact
information for the Minnesota Homeownership Center and a statement to call the Minnesota
Homeownership Center for information about redemption and surplus.
new text end
new text begin
At any time during the owner's
redemption period, the owner of record at the time of the sheriff's sale may submit a written
request to the sheriff to have the surplus applied to the redemption amount. The right to
have the surplus applied to the redemption amount is not transferable to any subsequent
owner.
new text end
new text begin
If a surplus remains under $100, the sheriff may pay
the surplus amount to the owner of record at the time of the sheriff's sale.
new text end
new text begin
If there are competing claims or if it appears
to the sheriff that any claim is not meritorious, the sheriff may apply to the court in the
county in which the sale was made and set forth by petition the facts then known to the
sheriff, and the names and addresses of the owner and all known claimants to the surplus,
at no cost to the sheriff. The sheriff shall retain the surplus until further order of the court
under section 580.28. If a hearing is scheduled, the sheriff may participate in an advisory
capacity. The sheriff shall be represented by the county attorney. The sheriff shall give
notice of the opening of the court file to the holders of the claims by service of the petition
in the manner of a summons under the Rules of Civil Procedure. Failure of an owner to
participate in the court action does not waive the right of that owner to the surplus.
new text end
Minnesota Statutes 2024, section 580.225, is amended to read:
The amount received from foreclosure sale under this chapter is full satisfaction of the
mortgage debt, except as provided in section 582.30.
Minnesota Statutes 2024, section 580.24, is amended to read:
(a) If no redemption is made by the mortgagor, the mortgagor's personal representatives
or assigns, the most senior creditor having a legal or equitable lien upon the mortgaged
premises, or some part of it, subsequent to the foreclosed mortgage, may redeem within
deleted text begin sevendeleted text end new text begin 14new text end days after the expiration of the redemption period determined under section 580.23
or 582.032, whichever is applicable; and each subsequent creditor having a lien may redeem,
in the order of priority of their respective liens, within deleted text begin sevendeleted text end new text begin 14new text end days after the time allowed
the prior lienholder by paying the amount required under this section. However, no creditor
is entitled to redeem unless, one week or more prior to the expiration of the period allowed
for redemption by the mortgagor, the creditor:
(1) records with each county recorder and registrar of titles where the foreclosed mortgage
is recorded a notice of the creditor's intention to redeem;
(2) records with each county recorder and registrar of titles where the notice of the
creditor's intention to redeem is recorded all documents necessary to create the lien on the
mortgaged premises and to evidence the creditor's ownership of the lien, including a copy
of any money judgment necessary to create the lien; and
(3) after complying with clauses (1) and (2), delivers to the sheriff who conducted the
foreclosure sale or the sheriff's successor in office a copy of each of the documents required
to be recorded under clauses (1) and (2), with the office, date and time of filing for record
stated on the first page of each document.
The sheriff shall maintain for public inspection all documents delivered to the sheriff
and shall note the date of delivery on each document. The sheriff may charge a fee of $100
for the documents delivered to the sheriff relating to each lien. The sheriff shall maintain
copies of documents delivered to the sheriff for a period of six months after the end of the
mortgagor's redemption period.
(b) Saturdays, Sundays, legal holidays, and the first day following the expiration of the
prior redemption period must be included in computing the deleted text begin seven-daydeleted text end new text begin 14-daynew text end redemption
period. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that
day must be omitted from the computation. The order of redemption by judgment creditors
subsequent to the foreclosed mortgage shall be determined by the order in which their
judgments were entered as memorials on the certificate of title for the foreclosed premises
or docketed in the office of the district court administrator if the property is not registered
under chapter 508 or 508A, regardless of the homestead status of the property. All mechanic's
lienholders who have coordinate liens shall have one combined deleted text begin seven-daydeleted text end new text begin 14-daynew text end period
to redeem.
(c) The amount required to redeem from the holder of the sheriff's certificate of sale is
the amount required under section 580.23. The amount required to redeem from a deleted text begin persondeleted text end new text begin
creditornew text end holding a certificate of redemption is:
(1) the amount paid to redeem as shown on the certificate of redemption; plus
(2) interest on that amount to the date of redemptionnew text begin at the rates stated on the certificate
of sale and the affidavit provided by section 580.25, clause (3), or six percent if no rate is
otherwise statednew text end ; plus
(3) the amount claimed due on the deleted text begin person'sdeleted text end new text begin creditor'snew text end lien, as shown on the affidavit
under section 580.25, clause (3).
new text begin (d) If the sheriff determines there is a dispute or question of validity about a redemption,
the sheriff may accept the amount required to redeem, together with documents in support
of the redemption, from one or more creditors competing for or claiming a right to redeem,
without executing and delivering a certificate of redemption, and the sheriff may commence
an action under section 580.28 at no cost to the sheriff. A creditor subject to a dispute or
question of validity about a redemption may submit the matter for adjudication of the court
under section 580.28. If the sheriff does not execute and deliver a certificate of redemption
under this section, all further junior creditor redemption periods are stayed until determined
by the court, and all junior creditors who have recorded notices of intent to redeem should
be included in the action under section 580.28. new text end The amount required to redeem may be paid
to the holder of the sheriff's certificate of sale or the certificate of redemption, as the case
may be, or to the sheriff for the holder.
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Minnesota Statutes 2024, section 580.25, is amended to read:
Redemption shall be made as provided in this section.
The deleted text begin persondeleted text end new text begin creditornew text end desiring to redeem shall pay the amount required by law for the
redemption, and shall produce to the person or officer receiving the redemption payment:
(1) a copy of the docket of the judgment, or of the recorded deed or mortgage, or of the
record or files evidencing any other lien under which the deleted text begin persondeleted text end new text begin creditornew text end claims a right to
redeem;
(2) a copy of any recorded assignment necessary to evidence the deleted text begin person'sdeleted text end new text begin creditor'snew text end
ownership of the lien. If the redemption is under an assignment of a judgment, the assignment
shall be filed in the court entering the judgment, as provided by law, and the deleted text begin persondeleted text end new text begin creditornew text end
so redeeming shall produce a copy of it and of the record of its filing, and the copy of the
docket shall show that the proper entry was made upon the docket. No further evidence of
the assignment of the judgment is required unless the mortgaged premises or part of it is
registered property, in which case the judgment and all assignments of the judgment must
be entered as a memorial upon the certificate of title to the mortgaged premises and a copy
of the judgment and each assignment with the certificate of record endorsed on it must be
produced; and
(3) an affidavit of the deleted text begin persondeleted text end new text begin creditornew text end or the deleted text begin person'sdeleted text end new text begin creditor'snew text end agent, deleted text begin showing the amount
then actually claimed due on the person'sdeleted text end new text begin identifying thenew text end lien deleted text begin and required to be paid on the
lien in order to redeem from the persondeleted text end new text begin under which the creditor claims a right to redeem
and stating the amount then actually claimed due and owing on the lien and stating the
interest rate on the liennew text end . Additional fees and charges may be claimed due only as provided
in section 582.03.new text begin The sheriff receiving the affidavit may furnish a copy of the affidavit to
any interested party, upon request.
new text end
If redemption is made to the sheriff, the sheriff may charge a fee of $250 for issuing the
certificate of redemption and any related service. No other fee may be charged by the sheriff
for a redemption.
Within 24 hours after a redemption is made, new text begin or as soon as reasonably possible, new text end the person
redeeming shall cause the documents so required to be produced to be recorded with the
county recorder, or registrar of titles, new text begin or both when appropriate, new text end who may receive fees as
prescribed in section 357.18 or 508.82. If the redemption is made at any place other than
the county seat, it is sufficient forthwith to deposit the documents in the nearest post office,
addressed to the recorder or registrar of titles, with the postage prepaidnew text begin within 24 hours after
redemption is made or as soon as reasonably possiblenew text end . A person recording documents
produced for redemption shall, on the same day, deliver copies of the documents to the
sheriff for public inspection. The sheriff may receive a fee of $20 for the documents delivered
following a redemption. The sheriff shall note the date of delivery on the documents and
shall maintain for public inspection all documents delivered to the sheriff for a period of
six months after the end of the mortgagor's redemption period.
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Minnesota Statutes 2024, section 580.26, is amended to read:
The person or officer from whom such redemption is made shall make and deliver to
the person redeeming a certificate executed and acknowledged in the same manner as a
conveyance, containing:
(1) new text begin if redeemed under section 580.23 or 582.032, new text end the name of the deleted text begin persondeleted text end new text begin mortgagor or
the mortgagor's legal representative or assigneenew text end redeeming,new text begin and if redeemed under section
580.25, the name of the creditor redeeming,new text end and the amount paid deleted text begin by the person on such
redemptiondeleted text end new text begin to redeemnew text end ;
(2) a description of the sale for which such redemption is made, and of the property
redeemed;
(3) a statement of the claim upon which such redemption is made and, if upon a lien,
the amount claimed to be due thereon at the date of redemption.
If redemption is made by the owner of the property sold, the owner's heirs, personal
representatives, or assigns, such certificate shall be recorded within deleted text begin four daysdeleted text end new text begin one weeknew text end
after the expiration of the period allowed by law to the owner for redemption and, if made
by a creditor holding a lien, the certificate shall be recorded within deleted text begin four daysdeleted text end new text begin one weeknew text end after
such redemption. Unless so recorded, the certificate shall be void deleted text begin asdeleted text end new text begin onlynew text end against any person
in good faith redeeming from the same person or lien.
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Minnesota Statutes 2024, section 580.28, is amended to read:
When an action is brought wherein it is claimed that any mortgage as to the plaintiff or
person for whose benefit the action is brought is fraudulent or void, or has been paid or
discharged, in whole or in part, or the relative priority or the validity of liensnew text begin , redemption
rights, or rights to any surplusnew text end is disputed, if such mortgage has been foreclosed by
advertisement, and the time for redemption from the foreclosure sale will expire before final
judgment in such action, the plaintiff or beneficiary having the right to redeem, for the
purpose of saving such right in case the action fails, may deposit with the sheriff before the
time of redemption expires the amount for which the mortgaged premises were sold, with
interest thereon to the time of deposit, together with a deleted text begin bond to the holder of the sheriff's
certificate of sale, in an amount and with sureties to be approved by the sheriff, conditioned
to pay all interest that may accrue or be allowed on such deposit if the action faildeleted text end new text begin separate
deposit with the sheriff of one year's interest on the amount depositednew text end . The person shall, in
writing, notify such sheriff that deleted text begin the person claims the mortgage to be fraudulent or void, or
to have been paid or discharged, in whole or in part, as the case may be, and thatdeleted text end such action
is pending, and direct the sheriff to retain such money deleted text begin and bonddeleted text end until final judgmentnew text begin or
other order of the courtnew text end . deleted text begin In case such action failsdeleted text end new text begin If so ordered by the courtnew text end , such deposit
shall operate as a redemption of the premises from such foreclosure sale, and entitle the
plaintiff to a certificate thereof. Such foreclosure, deposit, deleted text begin bond,deleted text end and notice shall be brought
to the attention of the court by supplemental complaint in the action, and the judgment shall
determine the validity of the foreclosure sale, and the rights of the parties to the moneys
deleted text begin and bonddeleted text end so deposited, which shall be paid and delivered by the sheriff as directed by such
judgment upon delivery to the sheriff of a certified copy thereof. The remedy herein provided
shall be in addition to other remedies now existing.
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Minnesota Statutes 2024, section 581.02, is amended to read:
new text begin (a) new text end The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so
far as they relate to the form of the certificate of sale, shall apply to and govern the
foreclosure of mortgages by action.
new text begin
(b) Section 580.07 applies to actions for the foreclosure of mortgages taken under this
chapter.
new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Minnesota Statutes 2024, section 582.03, subdivision 1, is amended to read:
The holder of any sheriff's
certificate of sale, from a foreclosure by advertisement or action of a mortgage or lien or
execution, or the holder of any certificate of redemption as a junior creditor during the
period of redemption, may pay and claim the following on redemption: any taxes or
assessments on which any penalty would otherwise accrue, and any costs of a hazard
insurance policy for the holder's interest in the mortgaged premises incurred for the period
of holding the sheriff's certificate, any costs incurred when an order to reduce a mortgagor's
redemption period under section 582.032 is entered, including costs and disbursements
awarded under section 582.032, subdivision 9, any fees paid to the county recorder, registrar
of titles, or sheriff to obtain or record the certificates of sale or redemption or notices of
intention to redeem, any reasonable fees paid to licensed real estate brokers for broker price
opinions or to licensed appraisers for appraisals, any deed tax paid to file a certificate of
redemption, reasonable attorney fees incurred after the foreclosure sale not to exceed one-half
of the amount authorized by section 582.01, any costs incurred under section 582.031, and
any interest or installment of principal upon any prior or superior mortgage, lien, or contract
for deed in default or that becomes due during the period of redemption. In all such cases,
the costs so paid and claimed due, with interestnew text begin from the date of payment at the rate stated
in the certificate of sale or at six percent if no rate is statednew text end , shall be a part of the sum required
to be paid to redeem from such sale. No other costs, fees, interest, or other amount may be
added to the amount necessary to redeem.
new text begin
This section is effective for affidavits filed with the sheriff after
January 1, 2026.
new text end
Minnesota Statutes 2024, section 582.03, subdivision 2, is amended to read:
Any payments made and claimed due under
subdivision 1 shall be proved by the affidavit of the holder of the sheriff's certificate or its
agent or attorney, itemizing each of the allowable costsnew text begin and the date of paymentnew text end and
describing the premises. The affidavit must be filed with the sheriff of the county in which
the sale was held at any time prior to expiration of the mortgagor's redemption period. Upon
written request by the sheriff, the holder of the sheriff's certificate or certificate of redemption
shall provide an affidavit of allowable costs to the sheriff within seven days of the date of
the request by the sheriff. If the mortgagor does not redeem within seven days after the
affidavit is filed, the holder of the sheriff's certificate may file a supplemental affidavit if
additional allowable costs are incurred during the redemption period. If the holder of the
sheriff's certificate or certificate of redemption fails to respond to the sheriff's request within
seven days, the sheriff may calculate a redemption amount pursuant to section 580.23,
subdivision 1, and issue a certificate of redemption for that amount. If the time allowed to
redeem is less than seven days from the expiration of the redemption period, the sheriff
shall make a reasonable effort to request the affidavit of allowable costs in writing from the
holder of the sheriff's certificate, its agent, or attorney before issuing a certificate of
redemption. If the affidavit of allowable costs is not provided more than one business day
before the expiration of the redemption period, at any time one business day or less before
the expiration of the redemption period, the sheriff may calculate a redemption amount
pursuant to section 580.23, subdivision 1, and issue a certificate of redemption for that
amount. The amount calculated by the sheriff, absent malfeasance by the sheriff, binds the
holder of the sheriff's certificate even if the amount calculated by the sheriff is less than the
actual amount due.
new text begin
This section is effective for affidavits filed with the sheriff after
January 1, 2026.
new text end
Minnesota Statutes 2024, section 582.043, subdivision 6, is amended to read:
(a) If the servicer has received a loss mitigation application and
the subject mortgage loan has not already been referred to an attorney for foreclosure, a
servicer shall not refer the subject mortgage loan to an attorney for foreclosure while the
mortgagor's application is pending, unless:
(1) the servicer determines that the mortgagor is not eligible for any loss mitigation
option, the servicer informs the mortgagor of the determination in writing, and the applicable
appeal period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines the loss mitigation offer in writing.
(b) If the servicer receives a loss mitigation application after the subject mortgage loan
has been referred to an attorney for foreclosure, but before a foreclosure sale has been
scheduled, a servicer shall not move for an order of foreclosure, seek a foreclosure judgment,
or conduct a foreclosure sale unless:
(1) the servicer determines that the mortgagor is not eligible for a loss mitigation option,
the servicer informs the mortgagor of this determination in writing, and the applicable appeal
period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines a loss mitigation offer in writing.
(c) If the servicer receives a loss mitigation application after the foreclosure sale has
been scheduled, but before midnight of the seventh business day prior to the foreclosure
sale date, the servicer must halt the foreclosure sale and evaluate the application. If required
to halt the foreclosure sale and evaluate the application, the servicer new text begin may cancel the
foreclosure sale or postpone the foreclosure sale under section 580.07, subdivision 1, but
new text end must not move for an order of foreclosure, seek a foreclosure judgment, or conduct a
foreclosure sale unlessnew text begin 60 days have passed since the occurrence of one of the following,
whichever is applicablenew text end :
(1) the servicer determines that the mortgagor is not eligible for a loss mitigation option,
the servicer informs the mortgagor of this determination in writing, and the applicable appeal
period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines a loss mitigation offer in writing.
(d) A servicer shall not move for an order of foreclosure or conduct a foreclosure sale
under any of the following circumstances:
(1) the mortgagor is in compliance with the terms of a trial or permanent loan
modification, or other loss mitigation option; or
(2) a short sale has been approved by all necessary parties and proof of funds or financing
has been provided to the servicer.
Minnesota Statutes 2024, section 144.223, is amended to read:
Data relating to new text begin the number of new text end certificates of marriage registered deleted text begin shalldeleted text end new text begin mustnew text end be reported
to the state registrar by the local registrar or designee of the county board in each of the 87
registration districts deleted text begin pursuant to the rules of the commissioner. The information in clause
(1) necessary to compile the report shall be furnished by the applicant prior to the issuance
of the marriage license. The report shall contain the following:deleted text end new text begin in a format and with the
frequency determined by the state registrar.
new text end
deleted text begin
(1) personal information on bride and groom:
deleted text end
deleted text begin
(i) name;
deleted text end
deleted text begin
(ii) residence;
deleted text end
deleted text begin
(iii) date and place of birth;
deleted text end
deleted text begin
(iv) if previously married, how terminated; and
deleted text end
deleted text begin
(v) signature of applicant, date signed, and Social Security number; and
deleted text end
deleted text begin
(2) information concerning the marriage:
deleted text end
deleted text begin
(i) date of marriage;
deleted text end
deleted text begin
(ii) place of marriage; and
deleted text end
deleted text begin
(iii) civil or religious ceremony.
deleted text end
Minnesota Statutes 2024, section 260C.419, subdivision 2, is amended to read:
(a)
The Statewide Office of Appellate Counsel and Training is deleted text begin established as an independent
state officedeleted text end new text begin created as an agency in the executive branch, with powers and duties established
by lawnew text end . The office shall be responsible for:
(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
(3) collaborating with the Minnesota Department of Children, Youth, and Families to
coordinate and secure federal Title IV-E support for counties and Tribes interested in
accessing federal funding.
(b) The office shall be governed by a board as provided in subdivision 3.
Minnesota Statutes 2024, section 260C.419, subdivision 3, is amended to read:
(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
(1) four public members appointed by the governor; and
(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
(b) The appointing authorities may not appoint any of the following to be a member of
the board:
(1) a person who is a judge;
(2) a person who is a registered lobbyist;
(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
(4) a person who serves as counsel for children in juvenile court;
(5) a person under contract with or employed by the Department of Children, Youth,
and Families or a county department of human or social services; or
(6) a current city or county attorney or assistant city or county attorney.
(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Children, Youth, and
Families, to secure and utilize Title IV-E funding. At least one member of the board appointed
by the governor must be a representative from a federally recognized Indian Tribe. No more
than five members of the board may belong to the same political party. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. To the extent practicable, the membership of the board must
include persons with disabilities, reflect the ethnic diversity of the state, take into
consideration race and gender, and include persons from throughout the state. The members
shall be well acquainted with representing parents in district court and appellate proceedings
related to child protection matters as well as the law that affects a parent attorney's work,
including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil
Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family
Preservation Act. The terms, compensation, and removal of members shall be as provided
in section 15.0575. Thenew text begin governor shall designate one member to serve as the initial chair.
Upon the expiration of the initial chair's term, boardnew text end members shall elect a chair from among
the membership and the chair shall serve a term of two years.
Minnesota Statutes 2024, section 260C.419, subdivision 4, is amended to read:
(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time deleted text begin qualifieddeleted text end attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The deleted text begin compensationdeleted text end new text begin salarynew text end of the head appellate counsel shall be set deleted text begin by the board and shall
be commensurate with county attorneys in the statedeleted text end new text begin according to section 43A.18, subdivision
3new text end .
(b) deleted text begin Consistent with the decisions of the board,deleted text end The head appellate counsel shall employ
deleted text begin assistants or hire independent contractorsdeleted text end new text begin or appoint attorneysnew text end to serve as new text begin assistant new text end appellate
counsel for parents. Each assistant appellate counsel deleted text begin and independent contractordeleted text end serves at
the pleasure of the head appellate counsel. The deleted text begin compensation ofdeleted text end new text begin salary ranges for new text end assistant
appellate counsel deleted text begin and independent contractorsdeleted text end shall be set deleted text begin by the board and shall be
commensurate with county attorneys in the statedeleted text end new text begin in consultation with Minnesota Management
and Budgetnew text end .
(c) A person serving as appellate counsel shall be deleted text begin a qualifieddeleted text end new text begin annew text end attorney licensed to
practice law in this state. A person serving as appellate counsel practicing in Tribal court
shall be a licensed attorney qualified to practice law in Tribal courts in the state. Assistant
appellate counsel and contracted appellate counsel may engage in the general practice of
law where not employed or contracted to provide services on a full-time basis.
(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
(1) one managing appellate attorney;
(2) two staff attorneys;
(3) one director of training;
(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Children, Youth, and Families; and
(5) one office administrator.
(e) deleted text begin Each employeedeleted text end new text begin All attorneysnew text end identified in paragraph (d) deleted text begin servesdeleted text end new text begin servenew text end at the pleasure
of the head appellate counsel. deleted text begin Thedeleted text end new text begin Other employees shall serve in the classified service.
new text end Compensation deleted text begin of each employeedeleted text end new text begin for all employeesnew text end shall be set by the board deleted text begin and shall be
commensurate with county attorneys in the state.deleted text end new text begin in accordance with the collective bargaining
agreements or compensation plans covering the terms and conditions for executive branch
employees.
new text end
(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
Minnesota Statutes 2024, section 480.35, is amended by adding a subdivision to
read:
new text begin
By January 15 of each year, the State
Guardian ad Litem Board must submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over judiciary finance, in compliance with
sections 3.195 and 3.197. The report must not contain data on individuals but may contain
summary data, as those terms are defined in section 13.02. The report must include the
number of:
new text end
new text begin
(1) board personnel, including volunteers;
new text end
new text begin
(2) children served by guardians ad litem in court cases, including Native American
children in Minnesota Indian Family Preservation Act cases and federal Indian Child Welfare
Act cases;
new text end
new text begin
(3) court reports filed by guardians ad litem;
new text end
new text begin
(4) cases assigned;
new text end
new text begin
(5) hours worked;
new text end
new text begin
(6) complaints regarding a guardian submitted to the board;
new text end
new text begin
(7) investigations of complaints performed by the board; and
new text end
new text begin
(8) complaints that result in discipline to a guardian ad litem.
new text end
new text begin
All information in clauses (1) to (8) must be disaggregated by paid staff and volunteers.
new text end
Minnesota Statutes 2024, section 517.04, is amended to read:
Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and deleted text begin is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
residential school superintendent of the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
denomination, an individualdeleted text end who registers as a civil marriage officiant with a local registrar
in a county of this statedeleted text begin , or by any mode recognized in section 517.18. For purposes of this
section, a court of record includes the Office of Administrative Hearings under section
14.48deleted text end .new text begin The county where the civil marriage officiant is registered must be endorsed upon
and recorded with each certificate of civil marriage.
new text end
Minnesota Statutes 2024, section 517.08, subdivision 1a, is amended to read:
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties deleted text begin and the sex of each partydeleted text end ;
(2) their post office addresses and county and state of residence;
(3) their full agesnew text begin and dates of birthnew text end ;
(4) if either party has previously been married, the party's married namedeleted text begin , anddeleted text end new text begin from the
most recent marriage;new text end the date, placenew text begin ,new text end and court in which the civil marriage was dissolved
or annullednew text begin ;new text end or the date and place of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
(8) if one party to the civil marriage license has a felony conviction under Minnesota
law or the law of another state or federal jurisdiction, the party may not change the party's
name through the marriage application process and must follow the process in section 259.13
to change the party's name; and
(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read:
(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage.new text begin The local registrar may examine the parties upon oath in person,
by telephone, remotely using web conferencing technology, or by requiring a verified
statement signed by both parties attesting to the legality of the marriage. The local registrar
may accept civil marriage license applications signed by both parties that are submitted by
mail, facsimile, or electronic filing.new text end Both parties must present proof of age to the local
registrar. If one party is unable to appear in person, the party appearing may complete the
absent applicant's information. The local registrar shall provide a copy of the civil marriage
application to the party who is unable to appear, who must verify the accuracy of the
appearing party's information in a notarized statement. The verification statement must be
accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been received by the local
registrar. If the local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue the license,
containing the full names of the parties before and after the civil marriage, and county and
state of residence, with the county seal attached, and make a record of the date of issuance.
The license shall be valid for a period of six months. Except as provided in paragraph (b),
The local registrar shall collect from the applicant a fee of $115 for administering the oath,
issuing, recording, and filing all papers required, and preparing and transmitting to the state
registrar of vital records the reports of civil marriage required by this section. If the license
should not be used within the period of six months due to illness or other extenuating
circumstances, it may be surrendered to the local registrar for cancellation, and in that case
a new license shall issue upon request of the parties of the original license without fee. A
local registrar who knowingly issues or signs a civil marriage license in any manner other
than as provided in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.
Minnesota Statutes 2024, section 517.09, subdivision 1, is amended to read:
deleted text begin No particular form is required to solemnize a civil marriage,
except: the partiesdeleted text end new text begin Both applicantsnew text end shall declare in the presence of a person new text begin who is not the
same individual as the applicant or the witness, new text end authorized to solemnize civil marriages and
two attending witnesses that each takes the other as spousedeleted text begin ; or the civil marriage shall be
solemnized in a manner provided by section 517.18deleted text end .
Minnesota Statutes 2024, section 517.10, is amended to read:
The person solemnizing a civil marriage shall deleted text begin preparedeleted text end new text begin completenew text end and sign a new text begin marriage
new text end certificatenew text begin provided by the local registrarnew text end . The certificate shall contain the full names of the
parties before and after the civil marriage, the birth dates of the parties, and county and state
of residences of the parties and the date and place of the civil marriage. The certificate shall
also contain the signatures of new text begin the applicants' legal names after marriage and new text end at least two of
the witnesses present at the civil marriage who shall be at least 16 years of age. The person
solemnizing the civil marriage shall immediately make a record of such civil marriage, and
file such certificate with the local registrar of the county in which the license was issued
within five days after the ceremony. The local registrar shall record such certificate in the
county civil marriage records.
new text begin
(a) To request an amendment of an error in a marriage record, a person must submit the
following documentation to the local registrar:
new text end
new text begin
(1) an affidavit stating the reason for an amendment of the marriage record; and
new text end
new text begin
(2) documentation supporting the amendment.
new text end
new text begin
(b) A local registrar may amend a marriage record if the local registrar:
new text end
new text begin
(1) receives an affidavit and documentation supporting the amendment of a marriage
record; and
new text end
new text begin
(2) the local registrar determines that the affidavit and supporting documentation establish
that the marriage record contains an error.
new text end
new text begin
(c) The local registrar must retain and maintain an affidavit and documentation upon
which the amendment of a marriage record was based, including the date of the amendment
and the legal name of the authorized person making the amendment.
new text end
new text begin
(d) The local registrar must not amend a marriage record if:
new text end
new text begin
(1) an applicant fails to submit the documentation required for amending a marriage
record; or
new text end
new text begin
(2) the local registrar has reason to question the validity or completeness of the applicant's
affidavit or supporting documentation.
new text end
Minnesota Statutes 2024, section 518B.01, subdivision 2, is amended to read:
As used in this section, the following terms deleted text begin shalldeleted text end have the meanings
given deleted text begin themdeleted text end :
(a) "Domestic abuse" means the following, if committed against a family or household
member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal
sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; sexual extortion within the meaning of section 609.3458; or interference with an
emergency call within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the past;
(5) persons who have a child in common regardless of whether they have been married
or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not affect a
determination of paternity under sections 257.51 to 257.74. In determining whether persons
are or have been involved in a significant romantic or sexual relationship under clause (7),
the court shall consider the length of time of the relationship; type of relationship; frequency
of interaction between the parties; and, if the relationship has terminated, length of time
since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given in section
609.02, subdivision 16.
(d) "Custodian" means any person other than the petitioner or respondent who deleted text begin is under
a legal obligation to provide care and support for a minor child of a petitioner or who is in
fact providing care and support for a minor child of a petitioner. Custodian does not include
any person caring for a minor child if the petitioner's parental rights have been terminated.deleted text end new text begin
has:
new text end
new text begin
(1) physical or legal custody under section 257.541, subdivision 1, physical or legal
custody pursuant to any court order, or physical custody with the consent of a custodial
parent; or
new text end
new text begin
(2) court-ordered parenting time.
new text end
Minnesota Statutes 2024, section 524.5-120, is amended to read:
The person subject to guardianship or person subject to conservatorship retains all rights
not restricted by court order and these rights must be enforced by the court. These rights
include the right to:
(1) treatment with dignity and respect;
(2) due consideration of current and previously stated personal desires and preferences,
including but not limited to medical treatment preferences, cultural practices, religious
beliefs, and other preferences and opinions in decisions made by the guardian or conservator;
(3) participate in decision making about and receive timely and appropriate health care
and medical treatment that does not violate known preferences or conscientious, religious,
or moral beliefs of the person subject to guardianship or person subject to conservatorship;
(4) exercise control of all aspects of life unless delegated specifically to the guardian or
conservator by court order;
(5) guardianship or conservatorship services individually suited to the conditions and
needs of the person subject to guardianship or the person subject to conservatorship;
(6) petition the court to prevent or initiate a change in abode;
(7) care, comfort, social and recreational needs, employment and employment supports,
training, education, habilitation, and rehabilitation care and services, within available
resources;
(8) be consulted concerning, and to decide to the extent possible, the reasonable care
and disposition of the clothing, furniture, vehicles, and other personal property and effects
of the person subject to guardianship or person subject to conservatorship, to object to the
disposition of personal property and effects, and to petition the court for a review of the
guardian's or conservator's proposed disposition;
(9) personal privacy;
(10) communicate, visit, or interact with others, including receiving visitors deleted text begin ordeleted text end new text begin ,new text end making
or receiving telephone calls, new text begin sending or receiving new text end personal mail, deleted text begin ordeleted text end new text begin sending or receiving
new text end electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe new text begin a new text end restriction new text begin of communication, visitation, or
interaction new text end is necessary because interaction with the person poses a new text begin substantialnew text end risk of
significant physical, psychological, or financial harm to the person subject to guardianship,
and there is no other means to avoid new text begin or mitigate new text end the significant harm. new text begin If the guardian believes
a restriction is necessary, the guardian must first seek limited restrictions whenever possible,
including supervised visits, phone calls, video calls, written correspondence, or limits on
the length, frequency, or content of communication.new text end In all cases, the guardian shall provide
written notice of the restrictions imposed to the courtdeleted text begin ,deleted text end new text begin ;new text end to the person subject to guardianshipdeleted text begin ,deleted text end
new text begin and their attorney, if known;new text end and to the person subject to restrictions new text begin within 48 hours of
imposing the restriction. The notice shall include a description of the reason the restriction
is imposed; a description of any limited restrictions attempted; if applicable, the reason the
limited restrictions were not sufficient; and instructions on how to seek a modification of
the restrictionsnew text end . The person subject to guardianship or the person subject to restrictions may
petition the court to remove or modify the restrictions;
(11) marry and procreate, unless court approval is required;
(12) elect or object to sterilization as provided in section 524.5-313, paragraph (c), clause
(4), item (iv);
(13) at any time, petition the court for termination or modification of the guardianship
or conservatorship, and any decisions made by the guardian or conservator in relation to
powers granted, or for other appropriate relief;
(14) be represented by an attorney in any proceeding or for the purpose of petitioning
the court;
(15) vote, unless restricted by the court;
(16) be consulted concerning, and make decisions to the extent possible, about personal
image and name, unless restricted by the court; and
(17) execute a health care directive, including both health care instructions and the
appointment of a health care agent, if the court has not granted a guardian any of the powers
or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).
Minnesota Statutes 2024, section 524.5-311, is amended to read:
(a) If the court finds that compliance with the procedures of this article will likely result
in substantial harm to the respondent's health, safety, or welfare, and that no other person
appears to have authority and willingness to act in the circumstances, the court, on petition
by a person interested in the respondent's welfare, may appoint an emergency guardian
whose authority may not exceed 60 days and who may exercise only the powers specified
in the order. A county that is acting under section 626.557, subdivision 10, by petitioning
for appointment of an emergency guardian on behalf of a vulnerable adult may be granted
authority to act for a period not to exceed 90 days. An emergency guardian's appointment
under this section may only be extended once for a period not to exceed 60 days if the court
finds good cause for the continuation of the guardianship. Immediately upon receipt of the
petition for an emergency guardianship, the court shall appoint a lawyer to represent the
respondent in the proceeding. Except as otherwise provided in paragraph (b), reasonable
notice of the time and place of a hearing on the petition must be given to the respondentnew text begin ;
interested parties, if known;new text end and any other persons as the court directs.
(b) An emergency guardian may be appointed without notice to the respondent and the
respondent's lawyer only if the court finds from affidavit or other sworn testimony that the
respondent will be substantially harmed before a hearing on the appointment can be held
new text begin and the petitioner made good faith efforts to provide notice to the respondent or the
respondent's lawyernew text end . If the court appoints an emergency guardian without notice to the
respondent, the respondent must be given notice of the appointment within 48 hours after
the appointment. The court shall hold a hearing on the appropriateness of the appointment
within five days after the appointment.
(c) Appointment of an emergency guardian, with or without notice, is not a determination
of the respondent's incapacity.
(d) The court may remove an emergency guardian at any time. An emergency guardian
shall make any report the court requires. In other respects, the provisions of this article
concerning guardians apply to an emergency guardian.
(e) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text begin
(f) The mere fact that the respondent is a patient in a hospital or a resident of a facility
is not in and of itself sufficient evidence to support a risk of substantial harm to the
respondent's health, safety, or welfare.
new text end
Minnesota Statutes 2024, section 524.5-313, is amended to read:
(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.
(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the person subject to guardianship.
(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian is needed to provide for the
needs of the incapacitated person through the exercise of some, but not all, of the powers
and duties listed in this section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:
(1) the power to have custody of the person subject to guardianship and the power to
establish a place of abode within or outside the state, except as otherwise provided in this
clause. The person subject to guardianship or any interested person may petition the court
to prevent or to initiate a change in abode. A person subject to guardianship may not be
admitted to a regional treatment center by the guardian except:
(i) after a hearing under chapter 253B;
(ii) for outpatient services; or
(iii) for the purpose of receiving temporary care for a specific period of time not to
exceed 90 days in any calendar year;
(2) the duty to provide for the care, comfort, and maintenance needs of the person subject
to guardianship, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the person subject to guardianship is entitled,
rather than from the estate of the person subject to guardianship;
(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal
effects of the person subject to guardianship, and, if other property requires protection, the
power to seek appointment of a conservator of the estate. The guardian must give notice by
mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or
other personal effects of the person subject to guardianship. The notice must inform the
person of the right to object to the disposition of the property within ten days of the date of
mailing and to petition the court for a review of the guardian's proposed actions. Notice of
the objection must be served by mail or personal service on the guardian and the person
subject to guardianship unless the person subject to guardianship is the objector. The guardian
served with notice of an objection to the disposition of the property may not dispose of the
property unless the court approves the disposition after a hearing;
(4)(i) the power to give any necessary consent to enable the person subject to guardianship
to receive necessary medical or other professional care, counsel, treatment, or service, except
that no guardian may give consent for psychosurgery, electroshock, sterilization, or
experimental treatment of any kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian shall not consent to any medical care for the
person subject to guardianship which violates the known conscientious, religious, or moral
belief of the person subject to guardianship;
(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the person subject to guardianship, shall
petition the court for an order and, in the case of a public guardianship under chapter 252A,
obtain the written recommendation of the commissioner of human services. The court shall
fix the time and place for the hearing and shall give notice to the person subject to
guardianship in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the person subject to guardianship who is
not represented by counsel, provided that such appointment shall expire upon the expiration
of the appeal time for the order issued by the court under this section or the order dismissing
a petition, or upon such other time or event as the court may direct. In every case the court
shall determine if the procedure is in the best interest of the person subject to guardianship.
In making its determination, the court shall consider a written medical report which
specifically considers the medical risks of the procedure, whether alternative, less restrictive
methods of treatment could be used to protect the best interest of the person subject to
guardianship, and any recommendation of the commissioner of human services for a public
person subject to guardianship. The standard of proof is that of clear and convincing evidence;
(iii) in the case of a petition for sterilization of a person with developmental disabilities
subject to guardianship, the court shall appoint a licensed physician, a psychologist who is
qualified in the diagnosis and treatment of developmental disability, and a social worker
who is familiar with the social history and adjustment of the person subject to guardianship
or the case manager for the person subject to guardianship to examine or evaluate the person
subject to guardianship and to provide written reports to the court. The reports shall indicate
why sterilization is being proposed, whether sterilization is necessary and is the least intrusive
method for alleviating the problem presented, and whether it is in the best interest of the
person subject to guardianship. The medical report shall specifically consider the medical
risks of sterilization, the consequences of not performing the sterilization, and whether
alternative methods of contraception could be used to protect the best interest of the person
subject to guardianship;
(iv) any person subject to guardianship whose right to consent to a sterilization has not
been restricted under this section or section 252A.101 may be sterilized only if the person
subject to guardianship consents in writing or there is a sworn acknowledgment by an
interested person of a nonwritten consent by the person subject to guardianship. The consent
must certify that the person subject to guardianship has received a full explanation from a
physician or registered nurse of the nature and irreversible consequences of the sterilization;
(v) a guardian or the public guardian's designee who acts within the scope of authority
conferred by letters of guardianship under section 252A.101, subdivision 7, and according
to the standards established in this chapter or in chapter 252A shall not be civilly or criminally
liable for the provision of any necessary medical care, including, but not limited to, the
administration of psychotropic medication or the implementation of aversive and deprivation
procedures to which the guardian or the public guardian's designee has consented;
(5) in the event there is no duly appointed conservator of the estate of the person subject
to guardianship, the guardian shall have the power to approve or withhold approval of any
contract, except for necessities, which the person subject to guardianship may make or wish
to make;
(6) the duty and power to exercise supervisory authority over the person subject to
guardianship in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and services. A guardian may not restrict the
deleted text begin abilitydeleted text end new text begin rightnew text end of the person subject to guardianship to communicate, visit, or interact with
others new text begin pursuant to section 524.5-120, clause (10)new text end , including receiving visitors deleted text begin ordeleted text end new text begin ,new text end making
or receiving telephone calls, new text begin sending or receiving new text end personal mail, deleted text begin ordeleted text end new text begin sending or receivingnew text end
electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe new text begin a new text end restriction new text begin of communication, visitation, or
interaction new text end is necessary because interaction with the person poses a new text begin substantialnew text end risk of
significant physical, psychological, or financial harm to the person subject to guardianship,
and there is no other means to avoid new text begin or mitigatenew text end such significant harm. new text begin If the guardian
believes a restriction is necessary, the guardian must first seek limited restrictions whenever
possible, including supervised visits, phone calls, video calls, written correspondence, or
limits on the length, frequency, or content of communication.new text end In all cases, the guardian shall
provide written notice of the restrictions imposed to the courtdeleted text begin ,deleted text end new text begin ;new text end to the person subject to
guardianshipdeleted text begin ,deleted text end new text begin and their attorney, if known;new text end and to the person subject to restrictions new text begin within
48 hours of imposing the restriction. The notice shall include a description of the reason
the restriction is imposed; a description of any limited restrictions attempted; if applicable,
the reason the limited restrictions were not sufficient; and instructions on how to seek a
modification of the restrictionsnew text end . The person subject to guardianship or the person subject
to restrictions may petition the court to remove or modify the restrictions;
(7) if there is no acting conservator of the estate for the person subject to guardianship,
the guardian has the power to apply on behalf of the person subject to guardianship for any
assistance, services, or benefits available to the person subject to guardianship through any
unit of government;
(8) unless otherwise ordered by the court, the person subject to guardianship retains the
right to vote;
(9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardian.
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or
representative payee, whether an individual or organization, appointed by the SSA, in that
order; and
(10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Conservator" has the meaning given in section 524.5-102, subdivision 3.
new text end
new text begin
(c) "Financial exploitation" has the meaning given in section 626.5572, subdivision 9.
new text end
new text begin
(d) "Guardian" has the meaning given in section 524.5-102, subdivision 5.
new text end
new text begin
(e) "Lead investigative agency" has the meaning given in section 626.5572, subdivision
13.
new text end
new text begin
(f) "Petitioner" means any of the following:
new text end
new text begin
(1) a vulnerable adult currently experiencing or in imminent danger of financial
exploitation;
new text end
new text begin
(2) the guardian or conservator of a vulnerable adult currently experiencing or in imminent
danger of financial exploitation;
new text end
new text begin
(3) a person or organization acting on behalf of the vulnerable adult with the consent of
the vulnerable adult or his or her guardian or conservator;
new text end
new text begin
(4) an agent under a validly executed power of attorney with the authority specifically
granted in the power of attorney; or
new text end
new text begin
(5) a person who simultaneously files a petition under section 524.5-409, subdivision
2, for appointment of an emergency conservator with respect to the vulnerable adult.
new text end
new text begin
(g) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end
new text begin
(a) A petitioner may petition the court for an order for
protection against financial exploitation of a vulnerable adult seeking injunctive relief and
any other equitable remedy the court deems appropriate with the court located in the county
where the petitioner, respondent, or the vulnerable adult resides. There are no residency
requirements that apply to a petition filed under this section. Actions under this section shall
be given docket priorities by the court.
new text end
new text begin
(b) A petition for relief under this section must:
new text end
new text begin
(1) allege the existence of financial exploitation, or the imminent danger of financial
exploitation, of the vulnerable adult;
new text end
new text begin
(2) include the specific facts and circumstances for which relief is sought, including the
relationship between the vulnerable adult and respondent;
new text end
new text begin
(3) state whether the vulnerable adult has ever applied for or received an order for
protection under this section or section 518B.01, or a restraining order under section 609.748;
and
new text end
new text begin
(4) state whether there are any pending actions between the vulnerable adult and the
respondent.
new text end
new text begin
(c) A person temporarily or permanently vacating a residence or household in an attempt
to avoid financial exploitation does not affect the person's right to petition for an order under
this section.
new text end
new text begin
(d) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end
new text begin
The filing fees for an order for protection against financial
exploitation for a vulnerable adult under this section are waived for the petitioner and
respondent.
new text end
new text begin
Upon receipt of the petition, the court shall order a hearing which
shall be held no later than 14 days from the date of the order for the hearing unless a
temporary ex parte order is issued under subdivision 8. If the court issues a temporary ex
parte order, the hearing must be held as provided under subdivision 8.
new text end
new text begin
(a) Except as provided in paragraph (b), the petition and any order
issued under this section must be served on the respondent as provided in section 518B.01,
subdivisions 8, 8a, and 9a. If the petitioner is not the vulnerable adult, the petitioner must
serve the vulnerable adult with a copy of the petition, notice of any hearing, and any orders
issued under this section. If any assets or lines of credit are ordered to be frozen, the petitioner
must serve the depository or financial institution with the order.
new text end
new text begin
(b) If service on the respondent is not possible as provided in paragraph (a), the petitioner
may serve the respondent through the method used to contact the vulnerable adult. The
petitioner must provide to the court the reasons that service was not possible under section
518B.01, subdivision 8, 8a, or 9a.
new text end
new text begin
Unless a report was made before a petition
was filed under this section, the petitioner must file a report pursuant to section 626.557
within 24 hours of filing a petition under this section. This section does not modify or
supersede mandated reporting requirements under section 626.557.
new text end
new text begin
In determining whether to award relief to the petitioner, the court may
consider and evaluate all relevant factors, including any of the following:
new text end
new text begin
(1) the existence of a current or previous order for protection issued under this section
or section 518B.01, a current or previous harassment restraining order issued under section
609.748, or any previous or current similar order issued by another jurisdiction;
new text end
new text begin
(2) any history of financial exploitation by the respondent upon the vulnerable adult
identified in the petition or any other vulnerable adult;
new text end
new text begin
(3) any history of the vulnerable adult's previous financial exploitation by the respondent
or any other person;
new text end
new text begin
(4) the capacity of the vulnerable adult to make decisions related to their finances and
property;
new text end
new text begin
(5) the susceptibility of the vulnerable adult to undue influence; or
new text end
new text begin
(6) the respondent's criminal history.
new text end
new text begin
(a) The court may issue a temporary order for
protection ex parte if the court finds that:
new text end
new text begin
(1) there is an immediate and present danger of financial exploitation of the vulnerable
adult;
new text end
new text begin
(2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
new text end
new text begin
(3) there is a substantial likelihood of success on the merits;
new text end
new text begin
(4) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
new text end
new text begin
(5) a temporary order protects the vulnerable adult's financial security.
new text end
new text begin
(b) A denial of a petition for an ex parte order must be by written order and must note
the grounds for denial. When the only ground for denial is failure to demonstrate the
immediate and present danger of financial exploitation of a vulnerable adult, the court must
set a full hearing on the petition for an order for protection at the earliest possible date and
within 14 days of the date of the court's denial order. Nothing in this paragraph limits a
petitioner's right to promptly amend a petition consistent with court rules.
new text end
new text begin
(c) An ex parte temporary order may be effective for a fixed period not to exceed 14
days unless good cause is shown to extend the order. The ex parte temporary order may be
extended once for up to an additional 14 days. A full hearing, as provided by this section,
must be set for a date no later than the date when the ex parte temporary order expires.
new text end
new text begin
(a) The court may grant relief as provided under this section, if upon
notice and hearing and consideration of all relevant factors, the court finds that:
new text end
new text begin
(1) the vulnerable adult is the victim of financial exploitation or the vulnerable adult is
in imminent danger of becoming a victim of financial exploitation;
new text end
new text begin
(2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
new text end
new text begin
(3) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
new text end
new text begin
(4) an order protects the vulnerable adult's financial security.
new text end
new text begin
(b) In addition to any other injunctive or equitable relief the court deems appropriate,
the court may grant any or all of the following relief in either a temporary ex parte or final
order issued under this section:
new text end
new text begin
(1) prohibit the respondent from direct or indirect contact with the vulnerable adult;
new text end
new text begin
(2) restrain the respondent from committing any acts of financial exploitation against
the vulnerable adult;
new text end
new text begin
(3) hold financial accounts in accordance with chapter 45A or freeze any assets of the
vulnerable adult in any depository or financial institution whether titled solely in the
vulnerable adult's name, solely in the respondent's name, jointly with the respondent, in
conservatorship, or in a trust, provided that:
new text end
new text begin
(i) assets held by a conservator for the vulnerable adult may be frozen only by an order
entered by the court overseeing the conservatorship proceeding;
new text end
new text begin
(ii) assets held by a trust may be frozen only by an order of the court if all the trustees
of the trust are served with process and are given reasonable notice before any hearing on
the petition; and
new text end
new text begin
(iii) assets held solely in the name of the respondent may only be frozen on an ex parte
basis if the petition and affidavit demonstrate to the court probable cause that such assets
are traceable to the financial exploitation of the vulnerable adult, that such assets are likely
to be returned to the vulnerable adult after a final evidentiary hearing, and that no other
adequate remedy at law is reasonably available;
new text end
new text begin
(4) freeze any line of credit of the vulnerable adult at any depository or financial
institution whether listed solely in the vulnerable adult's name or jointly with the respondent,
provided that:
new text end
new text begin
(i) lines of credit held by a conservator for the vulnerable adult may be frozen only by
an order entered by the court overseeing the conservatorship proceeding; and
new text end
new text begin
(ii) lines of credit held by a trust may be frozen only by an order of the court if all the
trustees of the trust are served with process and are given reasonable notice before any
hearing on the petition;
new text end
new text begin
(5) if the court has ordered an asset and credit freeze, ordering that living expenses of
the vulnerable adult continue to be paid;
new text end
new text begin
(6) award to the vulnerable adult the temporary exclusive use and possession of the
dwelling that the vulnerable adult and the respondent share or bar the respondent from the
residence of the vulnerable adult;
new text end
new text begin
(7) provide necessary directives to law enforcement agencies; and
new text end
new text begin
(8) provide any terms the court deems necessary for the protection of the vulnerable
adult or the vulnerable adult's assets.
new text end
new text begin
Upon
application and notice to all parties as required under this section, the court may vacate an
order, modify the terms of an existing order for protection, extend relief granted in an
existing order for protection, or, if an order for protection has expired, issue a new order.
new text end
new text begin
Within 24
hours of issuance of an order or continuance of an order under this section, the court
administrator must forward the order for protection and any continuance of the order for
protection to the local law enforcement agency with jurisdiction over the residence of the
vulnerable adult and the lead investigative agency that received the report pursuant to
subdivision 6. Section 518B.01, subdivision 13, applies to orders granted under this section.
new text end
new text begin
Nothing in this section affects title to real property.
new text end
new text begin
(a) A person is guilty of a misdemeanor
if the person:
new text end
new text begin
(1) knows of the existence of an order for protection issued under this section;
new text end
new text begin
(2) is prohibited from direct or indirect contact with a vulnerable adult or restrained from
committing any acts of financial exploitation against a vulnerable adult as provided in
subdivision 9, paragraph (b); and
new text end
new text begin
(3) violates the order by committing such conduct.
new text end
new text begin
(b) A person who violates paragraph (a) within ten years of a previous conviction or
adjudication of delinquency for a violation of this subdivision or section 609.2335, is guilty
of a gross misdemeanor.
new text end
new text begin
(c) A person who violates paragraph (a) within ten years of the first of two or more
previous convictions or adjudications of delinquency for a violation of this subdivision or
section 609.2335, is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both.
new text end
new text begin
Any testimony offered
by a respondent in a hearing pursuant to this section is inadmissible in a criminal proceeding.
new text end
new text begin
Any proceeding under this section shall be in
addition to other civil or criminal remedies.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 611.45, subdivision 3, is amended to read:
(a) If the court finds the defendant incompetent,
and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be
dismissed.
(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed
30 days after the date of the finding of incompetence, unless the prosecutor, before the
expiration of the 30-day period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed and the charge is a targeted
misdemeanor, charges must be dismissed within one year after the finding of incompetency.
If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed
within two years after the finding of incompetency.
(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed
three years after the date of the finding of incompetency, unless the prosecutor, before the
expiration of the three-year period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed, charges must be dismissed within
five years after the finding of incompetency or ten years if the maximum sentence for the
crime with which the defendant is charged is ten years or more.
(d) The requirement that felony charges be dismissed under paragraph (c) does not apply
if:
(1) the court orders continuing supervisionnew text begin or monitoringnew text end pursuant to section 611.49; or
(2) the defendant is charged with a violation of sections 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152.
(e) Nothing in this subdivision requires dismissal of any charge if the court finds the
defendant competent and enters an order directing that the criminal proceedings shall resume.
Minnesota Statutes 2024, section 611.46, subdivision 2, is amended to read:
(a) Upon a finding of
incompetency, if the defendant is entitled to release, the court must determine whether the
defendant requires pretrial supervision. The court must weigh public safety risks against
the defendant's interests in remaining free from supervision while presumed innocent in the
criminal proceedings. The court may use a validated and equitable risk assessment tool to
determine whether supervision is necessary.
(b) If the court determines that the defendant requires pretrial supervision, the court deleted text begin shalldeleted text end new text begin
maynew text end direct the forensic navigator to deleted text begin conduct pretrial supervision and report violations to
the court. The forensic navigator shall be responsible for the supervision of the defendant
until ordered otherwise by the court.deleted text end new text begin monitor the defendant's compliance or noncompliance
with the conditions of release as provided in section 611.55, subdivision 3, paragraph (c).
A forensic navigator may not conduct searches, seize property or persons, or issue sanctions.
new text end
(c) Upon application by the prosecutor, forensic navigator, other entity or its designee
assigned to supervise the defendant, or court services alleging that the defendant violated
a condition of release and is a risk to public safety, the court shall follow the procedures
under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release
conditions shall be held no more than 15 days after the date of issuance of a summons or
within 72 hours if the defendant is apprehended on a warrant.
(d) If the court finds a violation, the court may revise the conditions of release and bail
as appropriate pursuant to Minnesota Rules of Criminal Procedure and must consider the
defendant's need for ongoing access to a competency attainment program or alternative
program under this section.
(e) The court must review conditions of release and bail on request of any party and may
amend the conditions of release or make any other reasonable order upon receipt of
information that the pretrial detention of a defendant has interfered with the defendant
attaining competency.
Minnesota Statutes 2024, section 611.49, subdivision 2, is amended to read:
(a) If the court finds that there is a substantial probability that the
defendant will attain competency within the reasonably foreseeable future, the court shall
find the defendant incompetent and proceed under section 611.46.
(b) If the court finds that there is not a substantial probability the defendant will attain
competency within the reasonably foreseeable future, the court may not order the defendant
to participate in or continue to participate in a competency attainment program in a locked
treatment facility. The court must release the defendant from any custody holds pertaining
to the underlying criminal case and require the forensic navigator to develop a bridge plan.
(c) If the court finds that there is not a substantial probability the defendant will attain
competency within the foreseeable future, the court may issue an order to the designated
agency in the county of financial responsibility or the county where the defendant is present
to conduct a prepetition screening pursuant to section 253B.07.
(d) If the court finds that there is not a substantial probability that the defendant will
attain competency within the foreseeable future, the court must dismiss the case unless:
(1) the person is charged with a violation of section 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152; or
(2) there is a showing of a danger to public safety if the matter is dismissed.
(e) If the court does not dismiss the charges, the court must order continued supervisionnew text begin
or monitoringnew text end under subdivision 3.
Minnesota Statutes 2024, section 611.49, subdivision 3, is amended to read:
(a) If the court orders the continued
supervisionnew text begin or monitoringnew text end of a defendant, any party may request a hearing on the issue of
continued supervisionnew text begin or monitoringnew text end by filing a notice no more than ten days after the order
for continued supervisionnew text begin or monitoringnew text end .
(b) When continued supervision is ordered, the court must identify the deleted text begin supervisorydeleted text end
agency responsible for the supervision of the defendant deleted text begin and may identify a forensic navigator
as the responsible entitydeleted text end .new text begin Alternatively, the court may direct the forensic navigator to monitor
the defendant's compliance or noncompliance with the conditions of release as provided in
section 611.55, subdivision 3, paragraph (c). A forensic navigator may not conduct searches,
seize property or persons, or issue sanctions.
new text end
(c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the
court examiner must provide an updated report to the court one year after the initial order
for continued supervisionnew text begin or monitoringnew text end as to the defendant's competency and a description
of the efforts made to assist the defendant in attaining competency. The court shall hold a
review hearing within 30 days of receipt of the report.
(d) If continued supervisionnew text begin or monitoringnew text end is ordered at the review hearing under
paragraph (c), the court must set a date for a review hearing no later than two years after
the most recent order for continuing supervisionnew text begin or monitoringnew text end . The court must order review
of the defendant's status, including an updated competency examination and report by the
court examiner. The court examiner must submit the updated report to the court. At the
review hearing, the court must determine if the defendant has attained competency, whether
there is a substantial probability that the defendant will attain competency within the
foreseeable future, and whether the absence of continuing supervisionnew text begin or monitoringnew text end of the
defendant is a danger to public safety. Notwithstanding subdivision 2, paragraph (d), the
court may hear any motions to dismiss pursuant to the interest of justice at the review
hearing.
(e) Continued supervisionnew text begin or monitoringnew text end of a defendant in cases where the most serious
charge is a targeted misdemeanor or gross misdemeanor is subject to the limitations
established in section 611.45, subdivision 3, paragraph (b).
(f) The court may not order continued supervisionnew text begin or monitoringnew text end of a defendant charged
with a felony for more than ten years unless the defendant is charged with a violation of
section 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular
operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn
child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree);
or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence
as defined in section 624.712, subdivision 5, except for a violation of chapter 152.
(g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel,
forensic navigator, and any entity responsible for the supervision of the defendant prior to
any planned discharge. Absent emergency circumstances, this notification shall be made
five days prior to the discharge. If the defendant is discharged from the program or facility
under emergency circumstances, notification of emergency discharge shall include a
description of the emergency circumstances and may include a request for emergency
transportation. The court shall make a determination on a request for emergency
transportation within 24 hours. Nothing in this section prohibits a law enforcement agency
from transporting a defendant pursuant to any other authority.
(h) The court may provide, partner, or contract for pretrial supervision services or
continued supervision if the defendant is found incompetent and unlikely to attain competency
in the foreseeable future.
Minnesota Statutes 2024, section 611.55, subdivision 3, is amended to read:
(a) Forensic navigators shall assist and deleted text begin supervisedeleted text end new text begin monitornew text end defendants
when appointed to do so by a court. Forensic navigators shall be impartial in all legal matters
relating to the criminal case. Nothing shall be construed to permit the forensic navigator to
provide legal counsel as a representative of the court, prosecutor, or defense counsel.
(b) Forensic navigators shall provide services to assist defendants with mental illnesses
and cognitive impairments. Services may include, but are not limited to:
(1) developing bridge plans;
(2) assisting defendants in participating in court-ordered examinations and hearings;
(3) coordinating timely placement in court-ordered competency attainment programs;
(4) providing competency attainment education;
(5) reporting to the court on the progress of defendants found incompetent to stand trial;
(6) providing coordinating services to help defendants access mental health services,
medical care, stable housing and housing assistance, financial assistance, social services,
transportation, precharge and pretrial diversion, and other necessary services provided by
other programs and community service providers;
(7) communicating with and offering supportive resources to defendants and family
members of defendants; and
(8) providing consultation and education to court officials on emerging issues and
innovations in serving defendants with mental illnesses in the court system.
(c) When ordered to deleted text begin supervise a defendant, a forensic navigator shall report to the court
ondeleted text end new text begin monitornew text end a defendant's compliance or noncompliance with conditions of deleted text begin pretrial supervision
and any order of the courtdeleted text end new text begin release under section 611.46, subdivision 2, paragraph (b), the
forensic navigator shall provide updates to the court on a regular basis or when requested
by the court or either partynew text end .
(d) If a defendant's charges are dismissed, the appointed forensic navigator may continue
assertive outreach with the individual for up to 90 days to assist in attaining stability in the
community.
Minnesota Statutes 2024, section 611.56, subdivision 1, is amended to read:
(a) The Minnesota Competency Attainment
Board is established in the judicial branch. The board is not subject to the administrative
control of the judiciary. The board shall consist of seven members, including:
(1) three members appointed by the supreme court, at least one of whom must be a
defense attorney, one a county attorney, and one public member; and
(2) four members appointed by the governor, at least one of whom must be a mental
health professional with experience in competency attainment.
(b) The appointing authorities may not appoint an active judge to be a member of the
board, but may appoint a retired judge.
(c) All members must demonstrate an interest in maintaining a high quality, independent
forensic navigator program and a thorough process for certification of competency attainment
programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure,
particularly rule 20; chapter 253B; and sections 611.40 to 611.59. deleted text begin Following the initial
terms of appointment, at least one member appointed by the supreme court must have
previous experience working as a forensic navigator.deleted text end At least three members of the board
shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,
compensation, and removal of members shall be as provided in section 15.0575. The members
shall elect the chair from among the membership for a term of two years.
Minnesota Statutes 2024, section 611.59, subdivision 1, is amended to read:
The board deleted text begin mustdeleted text end new text begin will use available resources
tonew text end provide deleted text begin or contract for enoughdeleted text end competency attainment services to meet the needs of adult
defendants in each judicial district who are found incompetent to proceed and do not have
access to competency attainment services as a part of any other programming in which they
are ordered to participate. The board, in consultation with the Certification Advisory
Committee, shall develop procedures to certify that the standards in this section are met,
including procedures for regular recertification of competency attainment programs. The
board shall maintain a list of programs it has certified on the board's website and shall update
the list of competency attainment programs at least once every year.
Minnesota Statutes 2024, section 611.59, subdivision 4, is amended to read:
(a) The deleted text begin boarddeleted text end new text begin state court administratornew text end shall deleted text begin collectdeleted text end new text begin
prepare and make available to the boardnew text end the following data:
(1) the total number of competency examinations ordered in each judicial district
separated by county;
(2) the age, race, and number of unique defendants and for whom at least one competency
examination was ordered in each judicial district separated by county;
(3) the age, race, and number of unique defendants found incompetent at least once in
each judicial district separated by county; and
(4) all available data on the level of charge and adjudication of cases with a defendant
found incompetent deleted text begin and whether a forensic navigator was assigned to the casedeleted text end .
(b) By February 15 of each year, the board must report to the legislative committees and
divisions with jurisdiction over human services, public safety, and the judiciary on the data
collected under this subdivision and may include recommendations for statutory or funding
changes related to competency attainment.
new text begin
Minnesota Statutes 2024, sections 517.05; and 517.18,
new text end
new text begin
are repealed.
new text end
Repealed Minnesota Statutes: H2432-4
(a) The commissioner may appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known as the Commerce Fraud Bureau, to conduct investigations, and to make arrests under sections 629.30 and 629.34. The primary jurisdiction of the law enforcement agency is limited to offenses with a nexus to insurance-related crimes or financial crimes.
(b) Upon request and at the commissioner's discretion, the Commerce Fraud Bureau may respond to a law enforcement agency's request to exercise law enforcement duties in cooperation with the law enforcement agency that has jurisdiction over the particular matter.
(c) The Commerce Fraud Bureau must allocate at least 70 percent of its work to insurance fraud, as defined in sections 60A.951, subdivision 4, and 609.611.
The initial processing of a person arrested by the Commerce Fraud Bureau for an offense within its jurisdiction is the responsibility of the bureau unless otherwise directed by the law enforcement agency with primary jurisdiction. Subsequent investigation shall be the responsibility of the bureau unless otherwise directed by the law enforcement agency with primary jurisdiction. At the request of the primary jurisdiction, the bureau may assist in a subsequent investigation being carried out by the primary jurisdiction.
The Commerce Fraud Bureau must develop a policy for notifying the law enforcement agency with primary jurisdiction when it has initiated investigation of any person within the jurisdiction of that agency.
The commissioner shall appoint a peace officer employed full time to be the chief law enforcement officer and to be responsible for the management of the Commerce Fraud Bureau. The chief law enforcement officer shall possess the necessary police and management experience to manage a law enforcement agency. The chief law enforcement officer may appoint, discipline, and discharge all employees of the bureau. All police managerial and supervisory personnel must be full-time employees of the bureau. Supervisory personnel must be on duty and available any time peace officers of the bureau are on duty.
Except as otherwise provided in this section, the Commerce Fraud Bureau shall comply with all statutes and administrative rules relating to the operation and management of a law enforcement agency.
If the bureau seeks evidence, documentation, and related materials pertinent to an investigation, and the matter is located outside of this state, the bureau may designate representatives, including officials of the state where the matter is located, to secure the matter or inspect the matter on its behalf.
The provisions of chapter 13, including, but not limited to, section 13.82, apply to the classification, disclosure, and collection of data relating to the Commerce Fraud Bureau.
The Commerce Fraud Bureau shall maintain records and information in order to produce an annual report of its activities as may be prescribed by the commissioner of commerce. The commissioner shall report annually to the house of representatives and senate standing committees with jurisdiction over insurance issues as to the activities of the bureau and the cost-effectiveness of the programs established by the bureau.
When any person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or other person in charge of the correctional facility shall notify the executive board, which shall cause the prisoner to be examined by the court exercising probate jurisdiction of the county where the prisoner is confined, as in the case of other persons who are mentally ill.
In case the prisoner is found to be mentally ill, the prisoner must be transferred by the order of the court to the Minnesota Security Hospital or to a state hospital for people who are mentally ill in the discretion of the court, there to be kept and maintained as in the case of other persons who are mentally ill.
If, in the judgment of the chief executive officer of the correctional facility the prisoner came from, the prisoner's mental health is restored before the period of commitment to the correctional facility has expired, upon the certificate of the chief executive officer, the executive board shall remove the prisoner from the secure treatment facility and transfer the prisoner to the correctional institution the prisoner came from to complete the sentence.
When any prisoner is transferred to the Minnesota Security Hospital, the original warrant of commitment to the correctional facility must be sent with the prisoner and returned to the correctional facility upon return or discharge of the prisoner. A certified copy of the warrant of commitment to the correctional facility must be preserved at the correctional facility.
(a) The catalytic converter theft prevention pilot project is created to deter the theft of catalytic converters by marking them with vehicle identification numbers or other unique identifiers.
(b) The commissioner shall establish a procedure to mark the catalytic converters of vehicles most likely to be targeted for theft with unique identification numbers using labels, engraving, theft deterrence paint, or other methods that permanently mark the catalytic converter without damaging its function.
(c) The commissioner shall work with law enforcement agencies, insurance companies, and scrap metal dealers to identify vehicles that are most frequently targeted for catalytic converter theft and to establish the most effective methods for marking catalytic converters.
(d) Materials purchased under this program may be distributed to dealers, as defined in section 168.002, subdivision 6, automobile repair shops and service centers, law enforcement agencies, and community organizations to arrange for the marking of the catalytic converters of vehicles most likely to be targeted for theft at no cost to the vehicle owners.
(e) The commissioner may prioritize distribution of materials to areas experiencing the highest rates of catalytic converter theft.
(f) The commissioner must make educational information resulting from the pilot program available to law enforcement agencies and scrap metal dealers and is encouraged to publicize the program to the general public.
(g) The commissioner shall include a report on the pilot project in the report required under section 65B.84, subdivision 2. The report must describe the progress, results, and any findings of the pilot project including the total number of catalytic converters marked under the program, and, to the extent known, whether any catalytic converters marked under the pilot project were stolen and the outcome of any criminal investigation into the thefts.
No person, association, or corporation shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute, white phosphorus, single-dipped, strike-anywhere matches of the type popularly known as "parlor matches", or any type of double-dipped matches, unless the bulb or first dip of such match is composed of a so-called safety or inert composition, nonignitable on an abrasive surface. No person, association, or corporation shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, matches which will ignite in a laboratory oven at a temperature of less than 200 degrees Fahrenheit when subjected in such laboratory oven to a gradually increasing heat and maintained at the before stated continuous temperature for a period of not less than eight hours, or blazer or so-called wind matches, whether of the so-called safety or strike-anywhere type.
No person, association, or corporation shall offer for sale, sell or otherwise dispose of, or distribute, any matches, unless the package or container in which such matches are packed bears, plainly marked on the outside thereof, the name of the manufacturer and the brand or trademark under which such matches are sold, disposed of, or distributed.
Not more than one case of each brand of matches of any type or manufacture shall be opened at any one time in any retail store where matches are sold or otherwise disposed of; nor shall loose boxes, or paper-wrapped packages, of matches be kept on shelves or stored in retail stores at a height exceeding five feet from the floor.
All matches stored in warehouses, excepting manufacturer's warehouse at place of manufacture, which contain automatic sprinkler equipment, must be kept only in properly secured cases, and not piled to a height exceeding ten feet from the floor; nor be stored within a horizontal distance of ten feet from any boiler, furnace, stove, or other like heating apparatus, nor within a horizontal distance of 25 feet from any explosive material kept or stored on the same floor.
All matches shall be packed in boxes or suitable packages, containing not more than 700 matches in any one box or package; provided, that when more than 300 matches are packed in any one box or package, the matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions shall be placed in opposite directions; and all boxes containing 350 or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than 1-1/4 inches wide, which shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.
All match boxes or packages shall be packed in strong shipping containers or cases; maximum number of match boxes or packages contained in any one shipping container or case shall not exceed the following number:
Number of boxes | Numerical number ofmatches per box | |
1/2 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 700 |
1 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 500 |
2 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 400 |
3 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 300 |
5 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 200 |
12 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | 100 |
20 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | Over 50 and under 100 |
25 gross | .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... | Under 50 |
No shipping container or case constructed of fiberboard, corrugated fiberboard, or wood, nailed or wire-bound, containing matches, shall have a weight, including its contents, exceeding 75 pounds; and no lock-cornered wood case containing matches shall have a weight, including its contents, exceeding 85 pounds; nor shall any other article or commodity be packed with matches in any container or case; and all shipping containers or cases containing strike-anywhere matches shall have plainly marked on the outside thereof the words "strike-anywhere matches," and all shipping containers or cases containing "strike on box" matches shall have plainly marked on the outside thereof the words "strike on box matches."
Any person, association, or corporation violating any of the provisions of this section shall be fined, for the first offense, not less than $5 nor more than $25 and for each subsequent violation, not less than $25.
No person, firm or corporation shall establish, maintain or operate any circus, side show, carnival, tent show, theater, skating rink, dance hall, or a similar exhibition, production, engagement or offering or other place of assemblage in or under which 15 or more persons may gather for any lawful purpose in any tent, awning or other fabric enclosure unless such tent, awning or other fabric enclosure, and all auxiliary tents, curtains, drops, awnings and all decorative materials, are made from a nonflammable material or are treated and maintained in a flame resistant condition. This section does not apply to tents designed or manufactured for camping, backpacking, mountaineering, or children's play; tents used to conduct committal services on the grounds of a cemetery; nor to tents, awnings or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure which is equipped with an overhead automatic sprinkler system.
No person, firm, or corporation may sell or offer for sale or manufacture for sale in this state any tent subject to section 325F.03 unless all fabrics or pliable materials in the tent are durably flame resistant. Tents subject to section 325F.03 shall be conspicuously labeled as being durably flame resistant.
The commissioner of public safety shall act so as to have effective rules concerning standards for durably flame resistant materials and for labeling requirements under sections 325F.03 and 325F.04. In order to comply with sections 325F.03 and 325F.04, all materials and labels must comply with the rules adopted by the commissioner. The commissioner has general rulemaking power to otherwise implement sections 325F.03 to 325F.07.
Any firm or corporation who violates sections 325F.03 to 325F.05 shall be strictly liable for any damage which occurs to any person as a result of such violation. In addition, any seller shall refund the full purchase price of any item sold in violation of section 325F.04 upon return of the item by the buyer.
Any person, firm or corporation which violates sections 325F.03 to 325F.05 is guilty of a misdemeanor.
Ministers of any religious denomination, before they are authorized to solemnize a civil marriage, shall file a copy of their credentials of license or ordination or, if their religious denomination does not issue credentials, authority from the minister's spiritual assembly, with the local registrar of a county in this state, who shall record the same and give a certificate of filing thereof. The place where the credentials are recorded shall be endorsed upon and recorded with each certificate of civil marriage granted by a minister.
All civil marriages solemnized among the people called Friends or Quakers, in the form heretofore practiced and in use in their meetings, shall be valid and not affected by any of the foregoing provisions. The clerk of the meeting in which such civil marriage is solemnized, within one month after any such civil marriage, shall deliver a certificate of the same to the local registrar of the county where the civil marriage took place, under penalty of not more than $100. Such certificate shall be filed and recorded by the court administrator under a like penalty. If such civil marriage does not take place in such meeting, such certificate shall be signed by the parties and at least six witnesses present, and shall be filed and recorded as above provided under a like penalty.
Civil marriages may be solemnized among members of the Baha'i faith by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the form and usage of such society.
Civil marriages may be solemnized among Hindus or Muslims by the person chosen by a local Hindu or Muslim association, according to the form and usage of their respective religions.
Civil marriages may be solemnized among American Indians according to the form and usage of their religion by an Indian Mide' or holy person chosen by the parties to the civil marriage.