1.1 A bill for an act
1.2 relating to public safety; providing that data held by law enforcement agencies
1.3 regarding the person or entity that posted bail are public; requiring notice to the
1.4 agency having custody of the arrested or detained person when bail or a bond is
1.5 posted; establishing mandatory minimum sentences for certain sex trafficking
1.6 offenses; requiring the Minnesota Sentencing Guidelines Commission to maintain
1.7 a publicly searchable database; requiring legislative approval of proposed changes
1.8 to the Sentencing Guidelines; requiring county attorneys to record and report the
1.9 reason for dismissing charges; requiring the Minnesota Sentencing Guidelines
1.10 Commission to report information on dismissals to the legislature; requiring county
1.11 attorneys to post information on dismissals to a publicly accessible website; creating
1.12 liability and vicarious liability for trespass to critical infrastructure; creating a
1.13 crime for recruiting or educating individuals to trespass on or damage critical
1.14 infrastructure; enhancing the penalty for assaulting a police officer; establishing
1.15 the crime of fleeing in a motor vehicle and failing to obey certain traffic laws;
1.16 prohibiting being in a stolen motor vehicle; increasing penalties for obstructing
1.17 trunk highway, airport, or transit traffic; eliminating the requirement that a vehicle
1.18 be unoccupied when law enforcement attach a tracking device; authorizing the
1.19 expanded use of tracking devices for fleeing motor vehicles; imposing criminal
1.20 penalties; appropriating money; amending Minnesota Statutes 2024, sections 13.82,
1.21 subdivision 2; 244.09, subdivision 11, by adding subdivisions; 609.2231,
1.22 subdivision 1; 609.322, subdivision 1; 609.487, by adding a subdivision; 609.52,
1.23 by adding a subdivision; 609.594, subdivision 2; 609.6055, subdivision 2; 609.74;
1.24 609.855, subdivision 2; 626A.35, subdivision 2b, by adding a subdivision; 629.53;
1.25 629.67; 629.70; proposing coding for new law in Minnesota Statutes, chapters
1.26 388; 604.
1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2024, section 13.82, subdivision 2, is amended to read:
1.29 Subd. 2.Arrest data.The following data created or collected by law enforcement
1.30agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise
1.31substantially deprive an adult individual of liberty shall be public at all times in the
1.32originating agency:
1Section 1.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 7
NINETY-FOURTH SESSION
Authored by Novotny, Niska, Duran, Perryman, Engen and others02/06/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law02/13/2025
Adoption of Report: Amended and re-referred to the Committee on Public Safety Finance and Policy02/20/2025
Adoption of Report: Amended and re-referred to the Committee on Ways and Means03/17/2025 2.1 (a) time, date and place of the action;
2.2 (b) any resistance encountered by the agency;
2.3 (c) any pursuit engaged in by the agency;
2.4 (d) whether any weapons were used by the agency or other individual;
2.5 (e) the charge, arrest or search warrants, or other legal basis for the action;
2.6 (f) the identities of the agencies, units within the agencies and individual persons taking
2.7the action;
2.8 (g) whether and where the individual is being held in custody or is being incarcerated
2.9by the agency;
2.10 (h) the date, time and legal basis for any transfer of custody and the identity of the agency
2.11or person who received custody;
2.12 (i) the date, time and legal basis for any release from custody or incarceration, including,
2.13to the extent known, the identity of any person or entity who posted bail or a bond to secure
2.14the release of the individual who was held in custody for a crime against a person listed in
2.15section 611A.031 or a crime of violence as defined in section 629.725;
2.16 (j) the name, age, sex and last known address of an adult person or the age and sex of
2.17any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of
2.18liberty;
2.19 (k) whether the agency employed a portable recording system, automated license plate
2.20reader, wiretaps or other eavesdropping techniques, unless the release of this specific data
2.21would jeopardize an ongoing investigation;
2.22 (l) the manner in which the agencies received the information that led to the arrest and
2.23the names of individuals who supplied the information unless the identities of those
2.24individuals qualify for protection under subdivision 17; and
2.25 (m) response or incident report number.
2.26 EFFECTIVE DATE.This section is effective the day following final enactment.
2.27 Sec. 2. Minnesota Statutes 2024, section 244.09, is amended by adding a subdivision to
2.28read:
2.29 Subd. 6a.Publicly searchable database.(a) The commission shall maintain a public
2.30website with a searchable database that provides the public with information on criminal
2Sec. 2.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 3.1sentences stayed or imposed by the courts. The website must not include information that
3.2is not public data, as defined in section 13.02, subdivision 8a.
3.3 (b) The website required under paragraph (a) must contain all the information transmitted
3.4from the sentencing court to the commission including information in the sentencing
3.5worksheet transmitted pursuant to section 609.115, subdivision 2a, and the sentencing order
3.6and departure report, if any, sent pursuant to rule 27.03 of the Rules of Criminal Procedure.
3.7Data received by the commission must be entered into separate fields in the database.
3.8 (c) The searchable database must allow a user of the website to:
3.9 (1) search by individual fields, including but not limited to:
3.10 (i) case number;
3.11 (ii) defendant name;
3.12 (iii) date of offense;
3.13 (iv) the judicial district where the sentence was stayed or imposed;
3.14 (v) the county where the sentence was stayed or imposed;
3.15 (vi) the year in which the sentence was stayed or imposed;
3.16 (vii) the judge who stayed or imposed the sentence;
3.17 (viii) the crime for which the sentence was stayed or imposed;
3.18 (ix) the defendant's criminal history score;
3.19 (x) the severity level of the offense for which a sentence was stayed or imposed;
3.20 (xi) executed sentences, including the length of sentence imposed and executed;
3.21 (xii) stayed sentences, including the length of probation ordered and, if applicable, the
3.22length of sentence imposed but not executed;
3.23 (xiii) whether the sentence was a departure from the Sentencing Guidelines and, if so,
3.24whether it was an aggravated durational, aggravated dispositional, mitigated durational,
3.25mitigated dispositional, or hybrid departure; and
3.26 (xiv) whether a departure from the Sentencing Guidelines was ordered with prosecutor
3.27agreement;
3.28 (2) perform a search using at least two fields;
3.29 (3) sort by each field;
3Sec. 2.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 4.1 (4) obtain information grouped or aggregated by each field, where groups or subtotals
4.2are feasible; and
4.3 (5) allow the user to download the data into a user-controlled database.
4.4 Sec. 3. Minnesota Statutes 2024, section 244.09, subdivision 11, is amended to read:
4.5 Subd. 11.Modification.The commission shall meet as necessary for the purpose of
4.6modifying and improving the guidelines. Any modification which amends the Sentencing
4.7Guidelines grid, including severity levels and criminal history scores, or which would result
4.8in the reduction of any sentence or in the early release of any inmate, with the exception of
4.9a modification mandated or authorized by the legislature or relating to a crime created or
4.10amended by the legislature in the preceding session, shall be submitted to the legislature by
4.11January 15 of any year in which the commission wishes to make the change and shall be
4.12effective on August 1 of that year, unless if the legislature by law provides otherwise adopts
4.13or amends the modification. All other modifications shall take effect according to the
4.14procedural rules of the commission. On or before January 15 of each year, the commission
4.15shall submit a written report to the committees of the senate and the house of representatives
4.16with jurisdiction over criminal justice policy that describes the commission's activities over
4.17the previous year and identifies and explains all modifications made during the preceding
4.1812 months and all proposed modifications that are being submitted to the legislature that
4.19year.
4.20 Sec. 4. Minnesota Statutes 2024, section 244.09, is amended by adding a subdivision to
4.21read:
4.22 Subd. 16.Report on dismissals with agreement of the prosecutor.The Sentencing
4.23Guidelines Commission shall include in its annual report to the legislature a summary and
4.24analysis of reports received from county attorneys under section 388.052.
4.25 EFFECTIVE DATE.This section is effective August 1, 2025.
4.26 Sec. 5. [388.052] REPORT ON CRIMINAL CHARGES AND CASES DISMISSED.
4.27 (a) In each case where the defendant is charged with a felony, a county attorney who
4.28dismisses any part of a criminal action pursuant to rule 30.01 of the Rules of Criminal
4.29Procedure shall record the following information in writing:
4.30 (1) the name of the defendant;
4.31 (2) the date of the offense;
4Sec. 5.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 5.1 (3) all crimes charged;
5.2 (4) any charges that were dismissed;
5.3 (5) the date of dismissal; and
5.4 (6) any reason for the dismissal.
5.5 (b) The county attorney shall forward the information recorded under paragraph (a) to
5.6the Sentencing Guidelines Commission upon forms prescribed by the commission and must
5.7publish the information on the county attorney's publicly accessible website. Information
5.8forwarded to the Sentencing Guidelines Commission and posted on the county attorney's
5.9website must not include identifying information of a victim.
5.10 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to dismissals
5.11occurring on or after that date.
5.12 Sec. 6. [604.135] CRITICAL INFRASTRUCTURE; VICARIOUS LIABILITY.
5.13 (a) A person who is arrested for or convicted of a violation of section 609.594 or 609.6055
5.14may be held liable for any damages to personal or real property while trespassing or causing
5.15damage to the physical property of a critical public service facility, utility, or pipeline.
5.16 (b) A person or entity that recruits, trains, aids, advises, hires, counsels, or conspires
5.17with or otherwise procures another to trespass as described in paragraph (a) may also be
5.18held vicariously liable for any damages to personal or real property committed by the
5.19individual arrested or convicted under section 609.594 or 609.6055.
5.20 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
5.21committed on or after that date.
5.22 Sec. 7. Minnesota Statutes 2024, section 609.2231, subdivision 1, is amended to read:
5.23 Subdivision 1.Peace officers.(a) As used in this subdivision, "peace officer" means a
5.24person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest
5.25or executing any other duty imposed by law.
5.26 (b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor felony
5.27and may be sentenced to imprisonment for not more than two years or to payment of a fine
5.28of not more than $4,000, or both.
5.29 (c) Whoever commits either of the following acts against a peace officer is guilty of a
5.30felony and may be sentenced to imprisonment for not more than three years or to payment
5.31of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault
5Sec. 7.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 6.1inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily
6.2fluids or feces at or onto the officer.
6.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
6.4committed on or after that date.
6.5 Sec. 8. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read:
6.6 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking
6.7in the first degree.(a) Whoever, while acting other than as a prostitute or patron,
6.8intentionally does any of the following may be sentenced to imprisonment for not more
6.9than 25 years or to payment of a fine of not more than $50,000, or both:
6.10 (1) solicits or induces an individual under the age of 18 years to practice prostitution;
6.11 (2) promotes the prostitution of an individual under the age of 18 years;
6.12 (3) receives profit, knowing or having reason to know that it is derived from the
6.13prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
6.14or
6.15 (4) engages in the sex trafficking of an individual under the age of 18 years.
6.16 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
6.17for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one
6.18or more of the following aggravating factors are present:
6.19 (1) the offender has committed a prior qualified human trafficking-related offense;
6.20 (2) the offense involved a sex trafficking victim who suffered bodily harm during the
6.21commission of the offense;
6.22 (3) the time period that a sex trafficking victim was held in debt bondage or forced or
6.23coerced labor or services exceeded 180 days; or
6.24 (4) the offense involved more than one sex trafficking victim.
6.25 (c) Unless a longer mandatory minimum sentence is otherwise required by law or the
6.26Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
6.27presume that an executed sentence of 120 months must be imposed on an offender convicted
6.28of violating this section under the conditions described in paragraph (a), and an executed
6.29sentence of 144 months must be imposed on an offender convicted of violating this section
6.30under the conditions described in paragraph (b). Sentencing a person in a manner other than
6.31that described in this paragraph is a departure from the Sentencing Guidelines.
6Sec. 8.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 7.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
7.2committed on or after that date.
7.3 Sec. 9. Minnesota Statutes 2024, section 609.487, is amended by adding a subdivision to
7.4read:
7.5 Subd. 3a.Fleeing officer; failure to obey signs.Whoever flees or attempts to flee by
7.6means of a motor vehicle a peace officer who is acting in the lawful discharge of an official
7.7duty, and the perpetrator knows or should reasonably know the same to be a peace officer,
7.8and who in the course of fleeing in a motor vehicle does any of the following is guilty of a
7.9felony and may be sentenced to imprisonment for not more than five years or to payment
7.10of a fine of not more than $10,000 or both:
7.11 (1) fails to obey signs, signals, or markings in violation of section 169.06, subdivision
7.124, 4a, 4b, 5, 6, 7, or 8; or
7.13 (2) fails to keep on the proper side of the road in violation of section 169.18.
7.14 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
7.15committed on or after that date.
7.16 Sec. 10. Minnesota Statutes 2024, section 609.52, is amended by adding a subdivision to
7.17read:
7.18 Subd. 2a.Illegal presence in a stolen motor vehicle.(a) A person who enters into or
7.19is found in a motor vehicle that the person knows or has reason to know was taken or stolen
7.20in violation of subdivision 2 is guilty of a misdemeanor.
7.21 (b) A person who violates paragraph (a) after being previously convicted or adjudicated
7.22delinquent for violating paragraph (a) is guilty of a gross misdemeanor.
7.23 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
7.24committed on or after that date.
7.25 Sec. 11. Minnesota Statutes 2024, section 609.594, subdivision 2, is amended to read:
7.26 Subd. 2.Prohibited conduct; penalty.(a) Whoever causes damage to the physical
7.27property of a critical public service facility, utility, or pipeline with the intent to significantly
7.28disrupt the operation of or the provision of services by the facility, utility, or pipeline and
7.29without the consent of one authorized to give consent, is guilty of a felony and may be
7.30sentenced to imprisonment for not more than ten years or to payment of a fine of not more
7.31than $20,000, or both.
7Sec. 11.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 8.1 (b) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires
8.2with or otherwise procures another to commit a violation of paragraph (a) is guilty of a
8.3felony and may be sentenced to imprisonment for not more than ten years or to payment of
8.4a fine of not more than $20,000, or both, if a violation is committed and the person fails to
8.5make a reasonable effort to prevent the violation.
8.6 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
8.7committed on or after that date.
8.8 Sec. 12. Minnesota Statutes 2024, section 609.6055, subdivision 2, is amended to read:
8.9 Subd. 2.Prohibited conduct; penalty.(a) Whoever enters or is found upon property
8.10containing a critical public service facility, utility, or pipeline, without claim of right or
8.11consent of one who has the right to give consent to be on the property, is guilty of a gross
8.12misdemeanor, if:
8.13 (1) the person refuses to depart from the property on the demand of one who has the
8.14right to give consent;
8.15 (2) within the past six months, the person had been told by one who had the right to give
8.16consent to leave the property and not to return, unless a person with the right to give consent
8.17has given the person permission to return; or
8.18 (3) the property is posted.
8.19 (b) Whoever enters an underground structure that (1) contains a utility line or pipeline
8.20and (2) is not open to the public for pedestrian use, without claim of right or consent of one
8.21who has the right to give consent to be in the underground structure, is guilty of a gross
8.22misdemeanor. The underground structure does not need to be posted for this paragraph to
8.23apply.
8.24 (c) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires
8.25with or otherwise procures another to commit a violation of paragraph (a) is guilty of a
8.26gross misdemeanor if a violation is committed and the person fails to make a reasonable
8.27effort to prevent the violation.
8.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
8.29committed on or after that date.
8Sec. 12.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 9.1 Sec. 13. Minnesota Statutes 2024, section 609.74, is amended to read:
9.2 609.74 PUBLIC NUISANCE.
9.3 (a) Whoever by an act or failure to perform a legal duty intentionally does any of the
9.4following is guilty of maintaining a public nuisance, which is a misdemeanor:
9.5 (1) maintains or permits a condition which unreasonably annoys, injures or endangers
9.6the safety, health, morals, comfort, or repose of any considerable number of members of
9.7the public; or
9.8 (2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous
9.9for passage, any public highway or right-of-way, or waters used by the public; or
9.10 (3) is guilty of any other act or omission declared by law to be a public nuisance and for
9.11which no sentence is specifically provided.
9.12 (b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is
9.13entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the
9.14boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt
9.15traffic. This paragraph does not apply to the actions of law enforcement or other emergency
9.16responders, road or airport authorities, or utility officials, or their agents, employees, or
9.17contractors when carrying out duties imposed by law or contract. For purposes of this
9.18paragraph, "airport" means an airport that has a control tower and airline service, and
9.19"freeway" means any section of a divided highway where the only access and egress for
9.20vehicular traffic is from entrance and exit ramps.
9.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
9.22committed on or after that date.
9.23 Sec. 14. Minnesota Statutes 2024, section 609.855, subdivision 2, is amended to read:
9.24 Subd. 2.Unlawful interference with transit operator.(a) Whoever intentionally
9.25commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the
9.26operation of a transit vehicle is guilty of unlawful interference with a transit operator a crime
9.27and may be sentenced as provided in paragraph (c).
9.28 (b) An act that is committed on a transit vehicle that distracts the driver from the safe
9.29operation of the vehicle, restricts passenger access to the transit vehicle, or that endangers
9.30passengers is a violation of this subdivision if an authorized transit representative has clearly
9.31warned the person once to stop the act.
9.32 (c) A person who violates this subdivision may be sentenced as follows:
9Sec. 14.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 10.1 (1) to imprisonment for not more than three years or to payment of a fine of not more
10.2than $5,000, or both, if the violation was accompanied by force or violence or a
10.3communication of a threat of force or violence; or
10.4 (2) to imprisonment for not more than 90 364 days or to payment of a fine of not more
10.5than $1,000 $3,000, or both, if the violation was not accompanied by force or violence or
10.6a communication of a threat of force or violence.
10.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
10.8committed on or after that date.
10.9 Sec. 15. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read:
10.10 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1
10.11does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
10.12 (1) the consent of the owner of the vehicle has been obtained; or
10.13 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
10.14stolen, and the vehicle is occupied when the tracking device is installed and the stolen
10.15vehicle is not on private property.
10.16 (b) Within 24 12 hours of a tracking device being attached to a vehicle pursuant to the
10.17authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
10.18the tracking device to the vehicle must remove the device, disable the device, or obtain a
10.19search warrant granting approval to continue to use the device in the investigation.
10.20 (c) A peace officer employed by the agency that attached a tracking device to a stolen
10.21motor vehicle must remove the tracking device if the vehicle is recovered and returned to
10.22the owner.
10.23 (d) Any tracking device evidence collected after the motor vehicle is returned to the
10.24owner is inadmissible.
10.25 (e) When a peace officer attaches a tracking device to a stolen vehicle pursuant to
10.26paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence
10.27relied upon to establish the vehicle was reported stolen, the date and time the device was
10.28attached to the vehicle, the method used to attach the device to the vehicle, the duration for
10.29which the tracking device was attached to the vehicle, and an explanation of how the device
10.30impacted the outcome of the investigation. Reports created under this paragraph must be
10.31retained as part of the criminal investigation file.
10Sec. 15.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 11.1 (f) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
11.2agency that obtains a search warrant under paragraph (b), must provide notice to the
11.3superintendent of the Bureau of Criminal Apprehension of the number of search warrants
11.4the agency obtained under this subdivision in the preceding 12 months. The superintendent
11.5must provide a summary of the data received pursuant to this paragraph in the bureau's
11.6biennial report to the legislature required under section 299C.18.
11.7 Sec. 16. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision
11.8to read:
11.9 Subd. 2c.Exception; fleeing motor vehicles.The prohibition under subdivision 1 does
11.10not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes
11.11of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1.
11.12Sec. 17. Minnesota Statutes 2024, section 629.53, is amended to read:
11.13 629.53 PROVIDING RELEASE ON BAIL; COMMITMENT .
11.14 A person charged with a criminal offense may be released with or without bail in
11.15accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property
11.16of the accused, whether deposited by that person or by a third person on the accused's behalf.
11.17When money bail is accepted by a judge, that judge shall order it to be deposited with the
11.18court administrator and shall notify the agency having custody of the arrested or detained
11.19person or the agency's designee that money bail has been posted, the amount posted, and,
11.20if the arrested or detained person is being held in custody for a crime against a person listed
11.21in section 611A.031 or a crime of violence as defined in section 629.725, the identity of the
11.22person or entity that posted the bail. The court administrator shall retain it until the final
11.23disposition of the case and the final order of the court disposing of the case. Upon release,
11.24the amount released must be paid to the accused personally or upon that person's written
11.25order. In case of conviction, the judge may order the money bail deposit to be applied to
11.26any fine or restitution imposed on the defendant by the court and, if the fine or restitution
11.27is less than the deposit, order the balance to be paid to the defendant. Money bail deposited
11.28with the court or any officer of it is exempt from garnishment or levy under attachment or
11.29execution.
11Sec. 17.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 12.1 Sec. 18. Minnesota Statutes 2024, section 629.67, is amended to read:
12.2 629.67 SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING;
12.3AFFIDAVITS REQUIRED.
12.4 (a) A personal surety upon any bond, recognizance, or undertaking given to secure the
12.5appearance of a defendant in a criminal case shall make an affidavit, to be attached to the
12.6bond, recognizance, or undertaking, stating:
12.7 (1) the surety's full name;
12.8 (2) the surety's residence and post office address;
12.9 (3) whether or not the affiant is surety upon any other bond, recognizance, or undertaking
12.10in any criminal case, and, if so, stating the name of the principal, the amount of each
12.11obligation, and the court in which the obligation was given; and
12.12 (4) the legal description of all real property owned by the surety and specifying as to
12.13each parcel of property its fair market value, what liens or encumbrances, if any, exist on
12.14it, and whether or not the property is the surety's homestead or is otherwise exempt from
12.15execution. The court may require the surety to disclose all or some of the surety's personal
12.16property by affidavit as required for real property.
12.17 (b) The court may, in its discretion, by written order endorsed on the bond, recognizance,
12.18or undertaking, dispense with the affidavit disclosing the surety's real or personal property,
12.19or any part of it, if the court is satisfied that the surety is worth the amount necessary to act
12.20as surety on the bond, recognizance or undertaking to secure the defendant in a criminal
12.21case and is not a professional or habitual bonding agent in criminal cases.
12.22 (c) The court shall provide the agency having custody of a defendant in a criminal case
12.23who is charged with a crime against a person listed in section 611A.031 or a crime of
12.24violence as defined in section 629.725 with a copy of the affidavit identified in paragraph
12.25(a).
12.26 EFFECTIVE DATE.This section is effective the day following final enactment.
12.27Sec. 19. Minnesota Statutes 2024, section 629.70, is amended to read:
12.28 629.70 AUTHORIZED CORPORATE BONDS AND RECOGNIZANCES.
12.29 A defendant required to give a bond, recognizance, or undertaking to secure an appearance
12.30in a criminal case may choose to give a surety bond, recognizance, or undertaking executed
12.31by a corporation authorized by law to execute bonds, recognizances, or undertakings.
12.32However, the amount of the bond, recognizance, or undertaking as fixed by the court must
12Sec. 19.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT 13.1be the same regardless of the kind of bond, recognizance, or undertaking given. When a
13.2corporation authorized by law to execute bonds, recognizances, or undertakings has given
13.3a surety bond, recognizance, or undertaking on behalf of a defendant charged with a crime
13.4against a person listed in section 611A.031 or a crime of violence as defined in section
13.5629.725, the court shall notify the agency having custody of the defendant or the agency's
13.6designee that a surety bond, recognizance, or undertaking has been given; the amount of
13.7the surety bond, recognizance, or undertaking; and the identity of the person or entity that
13.8posted the surety bond, recognizance, or undertaking.
13.9 EFFECTIVE DATE.This section is effective the day following final enactment.
13.10Sec. 20. SEARCHABLE PUBLIC DATABASE; APPROPRIATION.
13.11 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
13.12fund to the Minnesota Sentencing Guidelines Commission to develop and maintain a publicly
13.13searchable database pursuant to Minnesota Statutes, section 244.09, subdivision 6a. The
13.14base for this appropriation is $....... in fiscal year 2028 and thereafter.
13Sec. 20.
REVISOR KLL H0007-3HF7 THIRD ENGROSSMENT