1.1 A bill for an act
1.2 relating to public safety; authorizing city attorneys to file delinquency petitions
1.3 for offenses committed by a juvenile when a county attorney declines to file a
1.4 petition; authorizing city attorneys to prosecute felony offenses and certain gross
1.5 misdemeanor offenses when a county attorney declines to prosecute; authorizing
1.6 city attorneys to issue administrative subpoenas in certain cases; making conforming
1.7 changes; amending Minnesota Statutes 2024, sections 260B.007, subdivision 16;
1.8 260B.141, subdivision 2; 260B.163, subdivision 5; 260B.171, subdivision 4;
1.9 260B.335, subdivisions 2, 4; 260B.425, subdivision 2; 388.051, subdivision 2;
1.10 388.23, subdivision 1; 390.251; 484.87, subdivision 3.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2024, section 260B.007, subdivision 16, is amended to read:
1.13 Subd. 16.Juvenile petty offender; juvenile petty offense.(a) "Juvenile petty offense"
1.14includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of
1.15section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct
1.16by a child under the age of 18 years which would be lawful conduct if committed by an
1.17adult.
1.18 (b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
1.19an offense that would be a misdemeanor if committed by an adult.
1.20 (c) "Juvenile petty offense" does not include any of the following:
1.21 (1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
1.22609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
1.23617.23;
1.24 (2) a major traffic offense or an adult court traffic offense, as described in section
1.25260B.225;
1Section 1.
REVISOR KLL/NS 25-0144112/17/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1188
NINETY-FOURTH SESSION
Authored by Robbins02/19/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (3) a misdemeanor-level offense committed by a child whom the juvenile court previously
2.2has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
2.3 (4) a misdemeanor-level offense committed by a child whom the juvenile court has
2.4found to have committed a misdemeanor-level juvenile petty offense on two or more prior
2.5occasions, unless the county attorney prosecuting authority designates the child on the
2.6petition as a juvenile petty offender notwithstanding this prior record. As used in this clause,
2.7"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would
2.8have been a juvenile petty offense if it had been committed on or after July 1, 1995.
2.9 (d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
2.10term juvenile petty offender does not include a child alleged to have violated any law relating
2.11to being hired, offering to be hired, or agreeing to be hired by another individual to engage
2.12in sexual penetration or sexual conduct which, if committed by an adult, would be a
2.13misdemeanor.
2.14 (e) Effective August 1, 2026, and applied to acts committed on or after that date,
2.15notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender
2.16does not include a child who is alleged to have committed a juvenile petty offense before
2.17reaching the age of 13 years.
2.18 EFFECTIVE DATE.This section is effective August 1, 2025.
2.19 Sec. 2. Minnesota Statutes 2024, section 260B.141, subdivision 2, is amended to read:
2.20 Subd. 2.Verification of petition.(a) The petition shall be verified by the person having
2.21knowledge of the facts and may be on information and belief. Unless otherwise provided
2.22by this section or by rule or order of the court, the county attorney shall draft the petition
2.23upon the showing of reasonable grounds to support the petition.
2.24 (b) The attorney of a statutory or home rule charter city where the violation is alleged
2.25to have occurred may draft and file the petition in cases where the county attorney declines
2.26to pursue a delinquency petition.
2.27 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to violations
2.28committed on or after that date and to violations committed before that date provided the
2.29juvenile court has jurisdiction over the matter pursuant to Minnesota Statutes, sections
2.30260B.101 and 260B.193, subdivision 5.
2Sec. 2.
REVISOR KLL/NS 25-0144112/17/24 3.1 Sec. 3. Minnesota Statutes 2024, section 260B.163, subdivision 5, is amended to read:
3.2 Subd. 5.County attorney Prosecuting authority.The county attorney prosecuting
3.3authority shall present the evidence upon request of the court.
3.4 EFFECTIVE DATE.This section is effective August 1, 2025.
3.5 Sec. 4. Minnesota Statutes 2024, section 260B.171, subdivision 4, is amended to read:
3.6 Subd. 4.Public inspection of records.(a) Legal records arising from proceedings or
3.7portions of proceedings that are public under section 260B.163, subdivision 1, are open to
3.8public inspection.
3.9 (b) Except as otherwise provided by this section, none of the records of the juvenile
3.10court and none of the records relating to an appeal from a nonpublic juvenile court
3.11proceeding, except the written appellate opinion, shall be open to public inspection or their
3.12contents disclosed except:
3.13 (1) by order of a court; or
3.14 (2) as required by chapter 245C or sections 245A.04, 611A.03, 611A.04, 611A.06, and
3.15629.73.
3.16 (c) The victim of any alleged delinquent act may, upon the victim's request, obtain the
3.17following information, unless it reasonably appears that the request is prompted by a desire
3.18on the part of the requester to engage in unlawful activities:
3.19 (1) the name and age of the juvenile;
3.20 (2) the act for which the juvenile was petitioned and date of the offense; and
3.21 (3) the disposition, including, but not limited to, dismissal of the petition, diversion,
3.22probation and conditions of probation, detention, fines, or restitution.
3.23 (d) The records of juvenile probation officers and county home schools are records of
3.24the court for the purposes of this subdivision. Court services data relating to delinquent acts
3.25that are contained in records of the juvenile court may be released as allowed under section
3.2613.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including
3.27appeals from orders of the juvenile court, except that this subdivision does not apply to
3.28proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult
3.29defendant. The court shall maintain the confidentiality of adoption files and records in
3.30accordance with the provisions of laws relating to adoptions. In juvenile court proceedings
3.31any report or social history furnished to the court shall be open to inspection by the attorneys
3Sec. 4.
REVISOR KLL/NS 25-0144112/17/24 4.1of record and the guardian ad litem a reasonable time before it is used in connection with
4.2any proceeding before the court.
4.3 (e) When a judge of a juvenile court, or duly authorized agent of the court, determines
4.4under a proceeding under this chapter that a child has violated a state or local law, ordinance,
4.5or regulation pertaining to the operation of a motor vehicle on streets and highways, except
4.6parking violations, the judge or agent shall immediately report the violation to the
4.7commissioner of public safety. The report must be made on a form provided by the
4.8Department of Public Safety and must contain the information required under section 169.95.
4.9 (f) A county attorney or city attorney may give a law enforcement agency that referred
4.10a delinquency matter to the county attorney prosecuting authority a summary of the results
4.11of that referral, including the details of any juvenile court disposition.
4.12 EFFECTIVE DATE.This section is effective August 1, 2025.
4.13 Sec. 5. Minnesota Statutes 2024, section 260B.335, subdivision 2, is amended to read:
4.14 Subd. 2.Petition; order to show cause.A request for jurisdiction over a person described
4.15in subdivision 1 shall be initiated by the filing of a verified petition by the county attorney
4.16prosecuting authority having jurisdiction over the place where the child is found, resides,
4.17or where the alleged act of contributing occurred. A prior or pending petition alleging that
4.18the child is delinquent or a juvenile petty offender is not a prerequisite to a petition under
4.19this section. The petition shall allege the factual basis for the claim that the person is
4.20contributing to the child's delinquency or status as a juvenile petty offender. If the court
4.21determines, upon review of the verified petition, that probable cause exists to believe that
4.22the person has contributed to the child's delinquency or status as a juvenile petty offender,
4.23the court shall issue an order to show cause why the person should not be subject to the
4.24jurisdiction of the court. The order to show cause and a copy of the verified petition shall
4.25be served personally upon the person and shall set forth the time and place of the hearing
4.26to be conducted under subdivision 3.
4.27 EFFECTIVE DATE.This section is effective August 1, 2025.
4.28 Sec. 6. Minnesota Statutes 2024, section 260B.335, subdivision 4, is amended to read:
4.29 Subd. 4.Criminal proceedings.The county attorney prosecuting authority may bring
4.30both a criminal proceeding under section 260B.425 and a civil action under this section.
4.31 EFFECTIVE DATE.This section is effective August 1, 2025.
4Sec. 6.
REVISOR KLL/NS 25-0144112/17/24 5.1 Sec. 7. Minnesota Statutes 2024, section 260B.425, subdivision 2, is amended to read:
5.2 Subd. 2.Complaint; venue.A complaint under this section may be filed by the county
5.3attorney prosecuting authority having jurisdiction where the child is found, resides, or where
5.4the alleged act of contributing occurred. The complaint may be filed in either the juvenile
5.5or criminal divisions of the district court. A prior or pending petition alleging that the child
5.6is delinquent, a juvenile petty offender, or in need of protection or services is not a
5.7prerequisite to a complaint or a conviction under this section.
5.8 EFFECTIVE DATE.This section is effective August 1, 2025.
5.9 Sec. 8. Minnesota Statutes 2024, section 388.051, subdivision 2, is amended to read:
5.10 Subd. 2.Special provisions.(a) In Anoka, Carver, Dakota, Hennepin, Scott, and
5.11Washington Counties, only the county attorney shall prosecute gross misdemeanor violations
5.12of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377;
5.13609.378; 609.41; and 617.247.
5.14 (b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor
5.15violations of sections 609.255, subdivision 3; 609.377; and 609.378.
5.16 (c) The county attorney shall prosecute failure to report physical or sexual child abuse
5.17or neglect as provided under section 260E.08, paragraphs (a), (b), and (c), violations of
5.18fifth-degree criminal sexual conduct under section 609.3451, and environmental law
5.19violations under sections 115.071, 299F.098, and 609.671.
5.20 (d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute
5.21gross misdemeanor violations of section 152.025.
5.22 (e) The attorney of a statutory or home rule charter city where the violation is alleged
5.23to have occurred may prosecute a violation of any statute identified in paragraphs (a) to (d)
5.24in cases where the county attorney declines to prosecute the violation.
5.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
5.26committed on or after that date and to crimes committed before that date provided the
5.27limitations period in Minnesota Statutes, section 628.26, has not expired.
5.28 Sec. 9. Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read:
5.29 Subdivision 1.Authority.The county attorney, or any deputy or assistant county attorney
5.30whom the county attorney authorizes in writing, has and a city attorney prosecuting a
5.31suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,
5Sec. 9.
REVISOR KLL/NS 25-0144112/17/24 6.1have the authority to subpoena and require the production of any records of telephone
6.2companies, cellular phone companies, paging companies, subscribers of private computer
6.3networks including Internet service providers or computer bulletin board systems, electric
6.4companies, gas companies, water utilities, chemical suppliers, hotels and motels, pawn
6.5shops, airlines, buses, taxis, and other entities engaged in the business of transporting people,
6.6and freight companies, warehousing companies, self-service storage facilities, package
6.7delivery companies, and other entities engaged in the businesses of transport, storage, or
6.8delivery, and records of the existence of safe deposit box account numbers and customer
6.9savings and checking account numbers maintained by financial institutions and safe deposit
6.10companies, insurance records relating to the monetary payment or settlement of claims, the
6.11banking, credit card, and financial records of a subject of an identity theft investigation or
6.12a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including
6.13but not limited to safe deposit, loan and account applications and agreements, signature
6.14cards, statements, checks, transfers, account authorizations, safe deposit access records and
6.15documentation of fraud, and wage and employment records of an applicant or recipient of
6.16public assistance who is the subject of a welfare fraud investigation relating to eligibility
6.17information for public assistance programs. Subpoenas may only be issued for records that
6.18are relevant to an ongoing legitimate law enforcement investigation. Administrative
6.19subpoenas may only be issued in welfare fraud and identity theft cases if there is probable
6.20cause to believe a crime has been committed. This provision applies only to the records of
6.21business entities and does not extend to private individuals or their dwellings.
6.22 EFFECTIVE DATE.This section is effective August 1, 2025.
6.23 Sec. 10. Minnesota Statutes 2024, section 390.251, is amended to read:
6.24 390.251 REQUEST FOR EXAMINATIONS.
6.25 The coroner or medical examiner may, when requested, make physical examinations
6.26and tests incident to any matter of a criminal nature under consideration by the district court
6.27or county attorney, law enforcement agency, city attorney prosecuting a suspected violation
6.28pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, or publicly appointed
6.29criminal defense counsel, and shall deliver a copy of a report of such tests and examinations
6.30to the person making the request. Such an examination does not establish a doctor-patient
6.31relationship. The person making the request shall pay the cost of such examinations and
6.32tests.
6.33 EFFECTIVE DATE.This section is effective July 1, 2025.
6Sec. 10.
REVISOR KLL/NS 25-0144112/17/24 7.1 Sec. 11. Minnesota Statutes 2024, section 484.87, subdivision 3, is amended to read:
7.2 Subd. 3.Prosecuting attorneys.(a) Except as provided in subdivision 2 and as otherwise
7.3provided by law, violations of state law that are petty misdemeanors or misdemeanors must
7.4be prosecuted by the attorney of the statutory or home rule charter city where the violation
7.5is alleged to have occurred, if the city has a population greater than 600. If a city has a
7.6population of 600 or less, it may, by resolution of the city council, and with the approval
7.7of the board of county commissioners, give the duty to the county attorney. In cities of the
7.8first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535,
7.9609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the
7.10violation is alleged to have occurred. The statutory or home rule charter city may enter into
7.11an agreement with the county board and the county attorney to provide prosecution services
7.12for any criminal offense. All other petty misdemeanors, misdemeanors, and gross
7.13misdemeanors must be prosecuted by the county attorney of the county in which the alleged
7.14violation occurred. All violations of a municipal ordinance, charter provision, rule, or
7.15regulation must be prosecuted by the attorney for the governmental unit that promulgated
7.16the municipal ordinance, charter provision, rule, or regulation, regardless of its population,
7.17or by the county attorney with whom it has contracted to prosecute these matters.
7.18 (b) In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state
7.19law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided
7.20in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or
7.21home rule charter city where the violation is alleged to have occurred. The statutory or home
7.22rule charter city may enter into an agreement with the county board and the county attorney
7.23to provide prosecution services for any criminal offense. All other petty misdemeanors,
7.24misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the
7.25county in which the alleged violation occurred. All violations of a municipal ordinance,
7.26charter provision, rule, or regulation must be prosecuted by the attorney for the governmental
7.27unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by
7.28the county attorney with whom it has contracted to prosecute these matters.
7.29 (c) The attorney of a statutory or home rule charter city where the violation is alleged
7.30to have occurred may prosecute a felony violation of state law in cases where the county
7.31attorney declines to prosecute the violation.
7.32 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
7.33committed on or after that date and to crimes committed before that date provided the
7.34limitations period in Minnesota Statutes, section 628.26, has not expired.
7Sec. 11.
REVISOR KLL/NS 25-0144112/17/24