| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; eliminating the statute of limitations for the crime of arson |
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| 3 | 3 | | 1.3 in the first degree; amending Minnesota Statutes 2024, section 628.26. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 628.26, is amended to read: |
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| 6 | 6 | | 1.6 628.26 LIMITATIONS. |
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| 7 | 7 | | 1.7 (a) Indictments or complaints for any crime resulting in the death of the victim may be |
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| 8 | 8 | | 1.8found or made at any time after the death of the person killed. |
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| 9 | 9 | | 1.9 (b) Indictments or complaints for a violation of section 609.25 may be found or made |
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| 10 | 10 | | 1.10at any time after the commission of the offense. |
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| 11 | 11 | | 1.11 (c) Indictments or complaints for a violation of section 609.561 may be found or made |
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| 12 | 12 | | 1.12at any time after the commission of the offense. |
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| 13 | 13 | | 1.13 (d) Indictments or complaints for violation of section 609.282 may be found or made at |
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| 14 | 14 | | 1.14any time after the commission of the offense if the victim was under the age of 18 at the |
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| 15 | 15 | | 1.15time of the offense. |
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| 16 | 16 | | 1.16 (d) (e) Indictments or complaints for violation of section 609.282 where the victim was |
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| 17 | 17 | | 1.1718 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or |
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| 18 | 18 | | 1.18(2), shall be found or made and filed in the proper court within six years after the commission |
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| 19 | 19 | | 1.19of the offense. |
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| 20 | 20 | | 1.20 (e) (f) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, |
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| 21 | 21 | | 1.21and 609.3458 may be found or made at any time after the commission of the offense. |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-00704 as introduced11/22/24 REVISOR KLL/VJ |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1600NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: KREUN, Abeler, Mathews, Koran and Draheim) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/20/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1 (f) (g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision |
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| 31 | 31 | | 2.22, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court |
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| 32 | 32 | | 2.3within six years after the commission of the offense. |
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| 33 | 33 | | 2.4 (g) (h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision |
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| 34 | 34 | | 2.52, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where |
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| 35 | 35 | | 2.6the value of the property or services stolen is more than $35,000, or for violation of section |
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| 36 | 36 | | 2.7609.527 where the offense involves eight or more direct victims or the total combined loss |
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| 37 | 37 | | 2.8to the direct and indirect victims is more than $35,000, shall be found or made and filed in |
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| 38 | 38 | | 2.9the proper court within five years after the commission of the offense. |
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| 39 | 39 | | 2.10 (h) (i) Except for violations relating to false material statements, representations or |
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| 40 | 40 | | 2.11omissions, indictments or complaints for violations of section 609.671 shall be found or |
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| 41 | 41 | | 2.12made and filed in the proper court within five years after the commission of the offense. |
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| 42 | 42 | | 2.13 (i) (j) Indictments or complaints for violation of sections 609.561 to 609.562 and 609.563, |
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| 43 | 43 | | 2.14shall be found or made and filed in the proper court within five years after the commission |
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| 44 | 44 | | 2.15of the offense. |
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| 45 | 45 | | 2.16 (j) (k) Indictments or complaints for violation of section 609.746 shall be found or made |
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| 46 | 46 | | 2.17and filed in the proper court within the later of three years after the commission of the |
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| 47 | 47 | | 2.18offense or three years after the offense was reported to law enforcement authorities. |
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| 48 | 48 | | 2.19 (k) (l) In all other cases, indictments or complaints shall be found or made and filed in |
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| 49 | 49 | | 2.20the proper court within three years after the commission of the offense. |
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| 50 | 50 | | 2.21 (l) (m) The limitations periods contained in this section shall exclude any period of time |
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| 51 | 51 | | 2.22during which the defendant was not an inhabitant of or usually resident within this state. |
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| 52 | 52 | | 2.23 (m) (n) The limitations periods contained in this section for an offense shall not include |
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| 53 | 53 | | 2.24any period during which the alleged offender participated under a written agreement in a |
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| 54 | 54 | | 2.25pretrial diversion program relating to that offense. |
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| 55 | 55 | | 2.26 (n) (o) The limitations periods contained in this section shall not include any period of |
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| 56 | 56 | | 2.27time during which physical evidence relating to the offense was undergoing DNA analysis, |
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| 57 | 57 | | 2.28as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or |
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| 58 | 58 | | 2.29law enforcement agency purposefully delayed the DNA analysis process in order to gain |
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| 59 | 59 | | 2.30an unfair advantage. |
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| 60 | 60 | | 2.31 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 61 | 61 | | 2.32committed on or after that date and to crimes committed before that date if the limitations |
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| 62 | 62 | | 2.33period for the crime did not expire before August 1, 2025. |
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| 63 | 63 | | 2Section 1. |
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| 64 | 64 | | 25-00704 as introduced11/22/24 REVISOR KLL/VJ |
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