Minnesota 2025-2026 Regular Session

Minnesota House Bill HF698 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1.1 A bill for an act​
22 1.2 relating to public safety; authorizing city attorneys to file delinquency petitions​
33 1.3 for certain offenses committed by a juvenile when a county attorney declines to​
44 1.4 file a petition; authorizing city attorneys to prosecute certain felony and gross​
55 1.5 misdemeanor offenses when a county attorney declines to prosecute; authorizing​
66 1.6 city attorneys to issue administrative subpoenas in certain cases; making conforming​
77 1.7 changes; amending Minnesota Statutes 2024, sections 260B.007, subdivision 16;​
88 1.8 260B.141, subdivision 2; 260B.163, subdivision 5; 260B.171, subdivision 4;​
99 1.9 260B.335, subdivisions 2, 4; 260B.425, subdivision 2; 388.051, subdivision 2;​
1010 1.10 388.23, subdivision 1; 390.251; 484.87, subdivision 3.​
1111 1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1212 1.12 ARTICLE 1​
1313 1.13 AUTHORIZING CITY ATTORNEYS TO PROSECUTE CERTAIN OFFENSES​
1414 1.14 Section 1. Minnesota Statutes 2024, section 260B.141, subdivision 2, is amended to read:​
1515 1.15 Subd. 2.Verification of petition.(a) The petition shall be verified by the person having​
1616 1.16knowledge of the facts and may be on information and belief. Unless otherwise provided​
1717 1.17by this section or by rule or order of the court, the county attorney shall draft the petition​
1818 1.18upon the showing of reasonable grounds to support the petition.​
1919 1.19 (b) The attorney of a statutory or home rule charter city in Hennepin County may draft​
2020 1.20and file the petition in cases where:​
2121 1.21 (1) the incident involves an offense committed against a peace officer, as defined in​
2222 1.22section 626.84, subdivision 1, paragraph (c);​
2323 1.23 (2) the county attorney declines to pursue a delinquency petition; and​
2424 1.24 (3) the violation is alleged to have occurred within the boundaries of the city.​
2525 1​Article 1 Section 1.​
2626 REVISOR KLL/CH 25-03448​02/07/25 ​
2727 State of Minnesota​
2828 This Document can be made available​
2929 in alternative formats upon request​
3030 HOUSE OF REPRESENTATIVES​
3131 H. F. No. 698​
3232 NINETY-FOURTH SESSION​
3333 Authored by Robbins​02/13/2025​
3434 The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​ 2.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to violations​
3535 2.2committed on or after that date and to violations committed before that date provided the​
3636 2.3juvenile court has jurisdiction over the matter pursuant to Minnesota Statutes, sections​
3737 2.4260B.101 and 260B.193, subdivision 5.​
3838 2.5 Sec. 2. Minnesota Statutes 2024, section 388.051, subdivision 2, is amended to read:​
3939 2.6 Subd. 2.Special provisions.(a) In Anoka, Carver, Dakota, Hennepin, Scott, and​
4040 2.7Washington Counties, only the county attorney shall prosecute gross misdemeanor violations​
4141 2.8of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377;​
4242 2.9609.378; 609.41; and 617.247.​
4343 2.10 (b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor​
4444 2.11violations of sections 609.255, subdivision 3; 609.377; and 609.378.​
4545 2.12 (c) The county attorney shall prosecute failure to report physical or sexual child abuse​
4646 2.13or neglect as provided under section 260E.08, paragraphs (a), (b), and (c), violations of​
4747 2.14fifth-degree criminal sexual conduct under section 609.3451, and environmental law​
4848 2.15violations under sections 115.071, 299F.098, and 609.671.​
4949 2.16 (d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute​
5050 2.17gross misdemeanor violations of section 152.025.​
5151 2.18 (e) The attorney of a statutory or home rule charter city in Hennepin County may​
5252 2.19prosecute a violation of any statute identified in paragraphs (a) to (d) in cases where:​
5353 2.20 (1) the incident involves an offense committed against a peace officer, as defined in​
5454 2.21section 626.84, subdivision 1, paragraph (c);​
5555 2.22 (2) the county attorney declines to pursue a delinquency petition; and​
5656 2.23 (3) the violation is alleged to have occurred within the boundaries of the city.​
5757 2.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
5858 2.25committed on or after that date and to crimes committed before that date provided the​
5959 2.26limitations period in Minnesota Statutes, section 628.26, has not expired.​
6060 2.27 Sec. 3. Minnesota Statutes 2024, section 484.87, subdivision 3, is amended to read:​
6161 2.28 Subd. 3.Prosecuting attorneys.(a) Except as provided in subdivision 2 and as otherwise​
6262 2.29provided by law, violations of state law that are petty misdemeanors or misdemeanors must​
6363 2.30be prosecuted by the attorney of the statutory or home rule charter city where the violation​
6464 2.31is alleged to have occurred, if the city has a population greater than 600. If a city has a​
6565 2​Article 1 Sec. 3.​
6666 REVISOR KLL/CH 25-03448​02/07/25 ​ 3.1population of 600 or less, it may, by resolution of the city council, and with the approval​
6767 3.2of the board of county commissioners, give the duty to the county attorney. In cities of the​
6868 3.3first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535,​
6969 3.4609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the​
7070 3.5violation is alleged to have occurred. The statutory or home rule charter city may enter into​
7171 3.6an agreement with the county board and the county attorney to provide prosecution services​
7272 3.7for any criminal offense. All other petty misdemeanors, misdemeanors, and gross​
7373 3.8misdemeanors must be prosecuted by the county attorney of the county in which the alleged​
7474 3.9violation occurred. All violations of a municipal ordinance, charter provision, rule, or​
7575 3.10regulation must be prosecuted by the attorney for the governmental unit that promulgated​
7676 3.11the municipal ordinance, charter provision, rule, or regulation, regardless of its population,​
7777 3.12or by the county attorney with whom it has contracted to prosecute these matters.​
7878 3.13 (b) In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state​
7979 3.14law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided​
8080 3.15in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or​
8181 3.16home rule charter city where the violation is alleged to have occurred. The statutory or home​
8282 3.17rule charter city may enter into an agreement with the county board and the county attorney​
8383 3.18to provide prosecution services for any criminal offense. All other petty misdemeanors,​
8484 3.19misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the​
8585 3.20county in which the alleged violation occurred. All violations of a municipal ordinance,​
8686 3.21charter provision, rule, or regulation must be prosecuted by the attorney for the governmental​
8787 3.22unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by​
8888 3.23the county attorney with whom it has contracted to prosecute these matters.​
8989 3.24 (c) The attorney of a statutory or home rule charter city in Hennepin County may​
9090 3.25prosecute a felony violation of state law in cases where:​
9191 3.26 (1) the incident involves an offense committed against a peace officer, as defined in​
9292 3.27section 626.84, subdivision 1, paragraph (c);​
9393 3.28 (2) the county attorney declines to pursue a delinquency petition; and​
9494 3.29 (3) the violation is alleged to have occurred within the boundaries of the city.​
9595 3.30 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
9696 3.31committed on or after that date and to crimes committed before that date provided the​
9797 3.32limitations period in Minnesota Statutes, section 628.26, has not expired.​
9898 3​Article 1 Sec. 3.​
9999 REVISOR KLL/CH 25-03448​02/07/25 ​ 4.1 ARTICLE 2​
100100 4.2 CONFORMING CHANGES​
101101 4.3 Section 1. Minnesota Statutes 2024, section 260B.007, subdivision 16, is amended to read:​
102102 4.4 Subd. 16.Juvenile petty offender; juvenile petty offense.(a) "Juvenile petty offense"​
103103 4.5includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of​
104104 4.6section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct​
105105 4.7by a child under the age of 18 years which would be lawful conduct if committed by an​
106106 4.8adult.​
107107 4.9 (b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes​
108108 4.10an offense that would be a misdemeanor if committed by an adult.​
109109 4.11 (c) "Juvenile petty offense" does not include any of the following:​
110110 4.12 (1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,​
111111 4.13609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or​
112112 4.14617.23;​
113113 4.15 (2) a major traffic offense or an adult court traffic offense, as described in section​
114114 4.16260B.225;​
115115 4.17 (3) a misdemeanor-level offense committed by a child whom the juvenile court previously​
116116 4.18has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or​
117117 4.19 (4) a misdemeanor-level offense committed by a child whom the juvenile court has​
118118 4.20found to have committed a misdemeanor-level juvenile petty offense on two or more prior​
119119 4.21occasions, unless the county attorney prosecuting authority designates the child on the​
120120 4.22petition as a juvenile petty offender notwithstanding this prior record. As used in this clause,​
121121 4.23"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would​
122122 4.24have been a juvenile petty offense if it had been committed on or after July 1, 1995.​
123123 4.25 (d) A child who commits a juvenile petty offense is a "juvenile petty offender." The​
124124 4.26term juvenile petty offender does not include a child alleged to have violated any law relating​
125125 4.27to being hired, offering to be hired, or agreeing to be hired by another individual to engage​
126126 4.28in sexual penetration or sexual conduct which, if committed by an adult, would be a​
127127 4.29misdemeanor.​
128128 4.30 (e) Effective August 1, 2026, and applied to acts committed on or after that date,​
129129 4.31notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender​
130130 4.32does not include a child who is alleged to have committed a juvenile petty offense before​
131131 4.33reaching the age of 13 years.​
132132 4​Article 2 Section 1.​
133133 REVISOR KLL/CH 25-03448​02/07/25 ​ 5.1 EFFECTIVE DATE.This section is effective August 1, 2025.​
134134 5.2 Sec. 2. Minnesota Statutes 2024, section 260B.163, subdivision 5, is amended to read:​
135135 5.3 Subd. 5.County attorney Prosecuting authority.The county attorney prosecuting​
136136 5.4authority shall present the evidence upon request of the court.​
137137 5.5 EFFECTIVE DATE.This section is effective August 1, 2025.​
138138 5.6 Sec. 3. Minnesota Statutes 2024, section 260B.171, subdivision 4, is amended to read:​
139139 5.7 Subd. 4.Public inspection of records.(a) Legal records arising from proceedings or​
140140 5.8portions of proceedings that are public under section 260B.163, subdivision 1, are open to​
141141 5.9public inspection.​
142142 5.10 (b) Except as otherwise provided by this section, none of the records of the juvenile​
143143 5.11court and none of the records relating to an appeal from a nonpublic juvenile court​
144144 5.12proceeding, except the written appellate opinion, shall be open to public inspection or their​
145145 5.13contents disclosed except:​
146146 5.14 (1) by order of a court; or​
147147 5.15 (2) as required by chapter 245C or sections 245A.04, 611A.03, 611A.04, 611A.06, and​
148148 5.16629.73.​
149149 5.17 (c) The victim of any alleged delinquent act may, upon the victim's request, obtain the​
150150 5.18following information, unless it reasonably appears that the request is prompted by a desire​
151151 5.19on the part of the requester to engage in unlawful activities:​
152152 5.20 (1) the name and age of the juvenile;​
153153 5.21 (2) the act for which the juvenile was petitioned and date of the offense; and​
154154 5.22 (3) the disposition, including, but not limited to, dismissal of the petition, diversion,​
155155 5.23probation and conditions of probation, detention, fines, or restitution.​
156156 5.24 (d) The records of juvenile probation officers and county home schools are records of​
157157 5.25the court for the purposes of this subdivision. Court services data relating to delinquent acts​
158158 5.26that are contained in records of the juvenile court may be released as allowed under section​
159159 5.2713.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including​
160160 5.28appeals from orders of the juvenile court, except that this subdivision does not apply to​
161161 5.29proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult​
162162 5.30defendant. The court shall maintain the confidentiality of adoption files and records in​
163163 5.31accordance with the provisions of laws relating to adoptions. In juvenile court proceedings​
164164 5​Article 2 Sec. 3.​
165165 REVISOR KLL/CH 25-03448​02/07/25 ​ 6.1any report or social history furnished to the court shall be open to inspection by the attorneys​
166166 6.2of record and the guardian ad litem a reasonable time before it is used in connection with​
167167 6.3any proceeding before the court.​
168168 6.4 (e) When a judge of a juvenile court, or duly authorized agent of the court, determines​
169169 6.5under a proceeding under this chapter that a child has violated a state or local law, ordinance,​
170170 6.6or regulation pertaining to the operation of a motor vehicle on streets and highways, except​
171171 6.7parking violations, the judge or agent shall immediately report the violation to the​
172172 6.8commissioner of public safety. The report must be made on a form provided by the​
173173 6.9Department of Public Safety and must contain the information required under section 169.95.​
174174 6.10 (f) A county attorney or city attorney may give a law enforcement agency that referred​
175175 6.11a delinquency matter to the county attorney prosecuting authority a summary of the results​
176176 6.12of that referral, including the details of any juvenile court disposition.​
177177 6.13 EFFECTIVE DATE.This section is effective August 1, 2025.​
178178 6.14 Sec. 4. Minnesota Statutes 2024, section 260B.335, subdivision 2, is amended to read:​
179179 6.15 Subd. 2.Petition; order to show cause.A request for jurisdiction over a person described​
180180 6.16in subdivision 1 shall be initiated by the filing of a verified petition by the county attorney​
181181 6.17prosecuting authority having jurisdiction over the place where the child is found, resides,​
182182 6.18or where the alleged act of contributing occurred. A prior or pending petition alleging that​
183183 6.19the child is delinquent or a juvenile petty offender is not a prerequisite to a petition under​
184184 6.20this section. The petition shall allege the factual basis for the claim that the person is​
185185 6.21contributing to the child's delinquency or status as a juvenile petty offender. If the court​
186186 6.22determines, upon review of the verified petition, that probable cause exists to believe that​
187187 6.23the person has contributed to the child's delinquency or status as a juvenile petty offender,​
188188 6.24the court shall issue an order to show cause why the person should not be subject to the​
189189 6.25jurisdiction of the court. The order to show cause and a copy of the verified petition shall​
190190 6.26be served personally upon the person and shall set forth the time and place of the hearing​
191191 6.27to be conducted under subdivision 3.​
192192 6.28 EFFECTIVE DATE.This section is effective August 1, 2025.​
193193 6.29 Sec. 5. Minnesota Statutes 2024, section 260B.335, subdivision 4, is amended to read:​
194194 6.30 Subd. 4.Criminal proceedings.The county attorney prosecuting authority may bring​
195195 6.31both a criminal proceeding under section 260B.425 and a civil action under this section.​
196196 6.32 EFFECTIVE DATE.This section is effective August 1, 2025.​
197197 6​Article 2 Sec. 5.​
198198 REVISOR KLL/CH 25-03448​02/07/25 ​ 7.1 Sec. 6. Minnesota Statutes 2024, section 260B.425, subdivision 2, is amended to read:​
199199 7.2 Subd. 2.Complaint; venue.A complaint under this section may be filed by the county​
200200 7.3attorney prosecuting authority having jurisdiction where the child is found, resides, or where​
201201 7.4the alleged act of contributing occurred. The complaint may be filed in either the juvenile​
202202 7.5or criminal divisions of the district court. A prior or pending petition alleging that the child​
203203 7.6is delinquent, a juvenile petty offender, or in need of protection or services is not a​
204204 7.7prerequisite to a complaint or a conviction under this section.​
205205 7.8 EFFECTIVE DATE.This section is effective August 1, 2025.​
206206 7.9 Sec. 7. Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read:​
207207 7.10 Subdivision 1.Authority.The county attorney, or any deputy or assistant county attorney​
208208 7.11whom the county attorney authorizes in writing, has and a city attorney prosecuting a​
209209 7.12suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,​
210210 7.13have the authority to subpoena and require the production of any records of telephone​
211211 7.14companies, cellular phone companies, paging companies, subscribers of private computer​
212212 7.15networks including Internet service providers or computer bulletin board systems, electric​
213213 7.16companies, gas companies, water utilities, chemical suppliers, hotels and motels, pawn​
214214 7.17shops, airlines, buses, taxis, and other entities engaged in the business of transporting people,​
215215 7.18and freight companies, warehousing companies, self-service storage facilities, package​
216216 7.19delivery companies, and other entities engaged in the businesses of transport, storage, or​
217217 7.20delivery, and records of the existence of safe deposit box account numbers and customer​
218218 7.21savings and checking account numbers maintained by financial institutions and safe deposit​
219219 7.22companies, insurance records relating to the monetary payment or settlement of claims, the​
220220 7.23banking, credit card, and financial records of a subject of an identity theft investigation or​
221221 7.24a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including​
222222 7.25but not limited to safe deposit, loan and account applications and agreements, signature​
223223 7.26cards, statements, checks, transfers, account authorizations, safe deposit access records and​
224224 7.27documentation of fraud, and wage and employment records of an applicant or recipient of​
225225 7.28public assistance who is the subject of a welfare fraud investigation relating to eligibility​
226226 7.29information for public assistance programs. Subpoenas may only be issued for records that​
227227 7.30are relevant to an ongoing legitimate law enforcement investigation. Administrative​
228228 7.31subpoenas may only be issued in welfare fraud and identity theft cases if there is probable​
229229 7.32cause to believe a crime has been committed. This provision applies only to the records of​
230230 7.33business entities and does not extend to private individuals or their dwellings.​
231231 7.34 EFFECTIVE DATE.This section is effective August 1, 2025.​
232232 7​Article 2 Sec. 7.​
233233 REVISOR KLL/CH 25-03448​02/07/25 ​ 8.1 Sec. 8. Minnesota Statutes 2024, section 390.251, is amended to read:​
234234 8.2 390.251 REQUEST FOR EXAMINATIONS.​
235235 8.3 The coroner or medical examiner may, when requested, make physical examinations​
236236 8.4and tests incident to any matter of a criminal nature under consideration by the district court​
237237 8.5or county attorney, law enforcement agency, city attorney prosecuting a suspected violation​
238238 8.6pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, or publicly appointed​
239239 8.7criminal defense counsel, and shall deliver a copy of a report of such tests and examinations​
240240 8.8to the person making the request. Such an examination does not establish a doctor-patient​
241241 8.9relationship. The person making the request shall pay the cost of such examinations and​
242242 8.10tests.​
243243 8.11 EFFECTIVE DATE.This section is effective July 1, 2025.​
244244 8​Article 2 Sec. 8.​
245245 REVISOR KLL/CH 25-03448​02/07/25 ​ Page.Ln 1.12​
246246 AUTHORIZING CITY ATTORNEYS TO PROSECUTE CERTAIN​
247247 OFFENSES.............................................................................................ARTICLE 1​
248248 Page.Ln 4.1​CONFORMING CHANGES.................................................................ARTICLE 2​
249249 1​
250250 APPENDIX​
251251 Article locations for 25-03448​