Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1744 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to public safety; authorizing expanded use of tracking devices for fleeing
3		-	1.3 motor vehicles; amending Minnesota Statutes 2024, section 626A.35, ~~subdivision~~
4		-	1.4 ~~2b, by adding~~ a subdivision.
	3	+	1.3 motor vehicles; amending Minnesota Statutes 2024, section 626A.35, by adding
	4	+	1.4 a subdivision.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6		-	1.6 Section 1. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read:
7		-	1.7 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1
8		-	1.8does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
9		-	1.9 (1) the consent of the owner of the vehicle has been obtained; or
10		-	1.10 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
11		-	1.11stolen, and the vehicle is occupied when the tracking device is installed and the stolen
12		-	1.12vehicle is not on private property.
13		-	1.13 (b) Within 24 12 hours of a tracking device being attached to a vehicle pursuant to the
14		-	1.14authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
15		-	1.15the tracking device to the vehicle must remove the device, disable the device, or obtain a
16		-	1.16search warrant granting approval to continue to use the device in the investigation.
17		-	1.17 (c) A peace officer employed by the agency that attached a tracking device to a stolen
18		-	1.18motor vehicle must remove the tracking device if the vehicle is recovered and returned to
19		-	1.19the owner.
20		-	1.20 (d) Any tracking device evidence collected after the motor vehicle is returned to the
21		-	1.21owner is inadmissible.
	6	+	1.6 Section 1. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision
	7	+	1.7to read:
	8	+	1.8 Subd. 2c.Exception; fleeing motor vehicles.The prohibition under subdivision 1 does
	9	+	1.9not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes
	10	+	1.10of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1.
	11	+	1.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
	12	+	1.12committed on or after that date.
22	13		1Section 1.
23		-	REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT
24		-	123
25		-	Printed
26		-	Page No.State of Minnesota
	14	+	REVISOR KLL/CH 25-0417302/20/25
	15	+	State of Minnesota
27	16		This Document can be made available
28	17		in alternative formats upon request
29	18		HOUSE OF REPRESENTATIVES
30	19		H. F. No. 1744
31	20		NINETY-FOURTH SESSION
32	21		Authored by Stier, Novotny, Joy, Repinski, Duran and others03/03/2025
33	22		The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
34		-	Adoption of Report: Placed on the General Register as Amended04/01/2025
35		-	Read for the Second Time 2.1 (e) When a peace officer attaches a tracking device to a stolen vehicle pursuant to
36		-	2.2paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence
37		-	2.3relied upon to establish the vehicle was reported stolen, the date and time the device was
38		-	2.4attached to the vehicle, the method used to attach the device to the vehicle, the duration for
39		-	2.5which the tracking device was attached to the vehicle, and an explanation of how the device
40		-	2.6impacted the outcome of the investigation. Reports created under this paragraph must be
41		-	2.7retained as part of the criminal investigation file.
42		-	2.8 (f) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
43		-	2.9agency that obtains a search warrant under paragraph (b), must provide notice to the
44		-	2.10superintendent of the Bureau of Criminal Apprehension of the number of search warrants
45		-	2.11the agency obtained under this subdivision in the preceding 12 months. The superintendent
46		-	2.12must provide a summary of the data received pursuant to this paragraph in the bureau's
47		-	2.13biennial report to the legislature required under section 299C.18.
48		-	2.14 Sec. 2. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision to
49		-	2.15read:
50		-	2.16 Subd. 2c.Exception; fleeing motor vehicles.(a) The prohibition under subdivision 1
51		-	2.17does not apply to the use of a mobile tracking device on a fleeing motor vehicle.
52		-	2.18 (b) If a mobile tracking device is attached to a vehicle pursuant to the authority granted
53		-	2.19in paragraph (a) and the vehicle is not in the custody of law enforcement within 12 hours
54		-	2.20of the mobile tracking device being attached to the vehicle, an officer employed by the
55		-	2.21agency that attached the tracking device to the vehicle must remove the device, disable the
56		-	2.22device, or obtain a search warrant granting approval to continue to use the device in the
57		-	2.23investigation.
58		-	2.24 (c) A peace officer employed by the agency that attached a tracking device to a fleeing
59		-	2.25motor vehicle must remove the tracking device if the vehicle is recovered, determined to
60		-	2.26be stolen, and returned to the owner. Any tracking device evidence collected after the motor
61		-	2.27vehicle is returned to the owner is inadmissible.
62		-	2.28 (d) When a peace officer attaches a tracking device to a fleeing vehicle pursuant to
63		-	2.29paragraph (a), the peace officer must prepare a report that includes the evidence relied upon
64		-	2.30to establish the vehicle was fleeing, the date and time the device was attached to the vehicle,
65		-	2.31the method used to attach the device to the vehicle, the duration for which the tracking
66		-	2.32device was attached to the vehicle, and an explanation of how the device impacted the
67		-	2.33outcome of the investigation. Reports created under this paragraph must be retained as part
68		-	2.34of the criminal investigation file.
69		-	2Sec. 2.
70		-	REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT 3.1 (e) By August 1, 2026, and each year thereafter, the chief law enforcement officer of an
71		-	3.2agency that obtains a search warrant under paragraph (b) must provide notice to the
72		-	3.3superintendent of the Bureau of Criminal Apprehension of the number of search warrants
73		-	3.4the agency obtained under this subdivision in the preceding 12 months. The superintendent
74		-	3.5must provide a summary of the data received pursuant to this paragraph in the bureau's
75		-	3.6biennial report to the legislature required under section 299C.18.
76		-	3.7 (f) For purposes of this subdivision, "flee" has the meaning given in section 609.487,
77		-	3.8subdivision 1.
78		-	3Sec. 2.
79		-	REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT