Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2305 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to immigration; increasing criminal penalties for human trafficking
3	3	1.3 offenses; prohibiting employment of unauthorized individuals; prohibiting sanctuary
4	4	1.4 cities; requiring reports; amending Minnesota Statutes 2024, sections 171.22;
5	5	1.5 609.282, subdivisions 1, 1a, 2; 609.283, subdivision 2; 609.322, subdivisions 1,
6	6	1.6 1a; proposing coding for new law in Minnesota Statutes, chapters 15; 181; 412.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. [15.987] REPORT TO LEGISLATURE; GOVERNMENT AL
9	9	1.9ASSISTANCE.
10	10	1.10 A state department or agency that provides governmental assistance to individuals in
11	11	1.11Minnesota without legal status in the state must annually report to the legislature, by
12	12	1.12December 15, the total amount of governmental assistance provided to such individuals.
13	13	1.13Governmental assistance includes but is not limited to goods, services, credits, and money
14	14	1.14provided to an individual and any other expenditures or costs incurred by a state department
15	15	1.15or agency resulting directly or indirectly from such individuals.
16	16	1.16 Sec. 2. Minnesota Statutes 2024, section 171.22, is amended to read:
17	17	1.17 171.22 UNLAWFUL ACTS RELATING TO DRIVER'S LICENSE.
18	18	1.18 Subdivision 1.Violations.With regard to any driver's license, including a commercial
19	19	1.19driver's license, it shall be unlawful for any person:
20	20	1.20 (1) to display, cause or permit to be displayed, or have in possession, any fictitious or
21	21	1.21fraudulently altered driver's license or Minnesota identification card;
22	22	1Sec. 2.
23	23	25-04113 as introduced02/20/25 REVISOR KLL/MI
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 2305NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: RASMUSSON, Johnson, Green, Westrom and Farnsworth)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading03/10/2025
30	30	Referred to Judiciary and Public Safety 2.1 (2) to lend the person's driver's license or Minnesota identification card to any other
31	31	2.2person or knowingly permit the use thereof by another;
32	32	2.3 (3) to display or represent as one's own any driver's license or Minnesota identification
33	33	2.4card not issued to that person;
34	34	2.5 (4) to use a fictitious name or date of birth to any police officer or in any application for
35	35	2.6a driver's license or Minnesota identification card, or to knowingly make a false statement,
36	36	2.7or to knowingly conceal a material fact, or otherwise commit a fraud in any such application;
37	37	2.8 (5) to alter any driver's license or Minnesota identification card;
38	38	2.9 (6) to take any part of the driver's license examination for another or to permit another
39	39	2.10to take the examination for that person;
40	40	2.11 (7) to make a counterfeit driver's license or Minnesota identification card;
41	41	2.12 (8) to use the name and date of birth of another person to any police officer for the
42	42	2.13purpose of falsely identifying oneself to the police officer;
43	43	2.14 (9) to display as a valid driver's license any canceled, revoked, or suspended driver's
44	44	2.15license. A person whose driving privileges have been withdrawn may display a driver's
45	45	2.16license only for identification purposes; or
46	46	2.17 (10) to submit a false affidavit or statement to the department on the certification required
47	47	2.18under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), subitem (C), to issue
48	48	2.19an instruction permit to a homeschool student.; or
49	49	2.20 (11) to use or submit a fictitious or fraudulent driver's license or Minnesota identification
50	50	2.21card or use a driver's license or Minnesota identification card not issued to that person as
51	51	2.22one's own for purposes of verifying one's lawful employment status.
52	52	2.23 Subd. 2.Penalties.(a) Any person who violates subdivision 1, clause (11), is guilty of
53	53	2.24a felony and may be sentenced to imprisonment for not more than two years or to payment
54	54	2.25of a fine of not more than $5,000, or both.
55	55	2.26 (b) Any person who violates subdivision 1, clause (7) or (8), is guilty of a gross
56	56	2.27misdemeanor. Any person who violates any other provision of subdivision 1 is guilty of a
57	57	2.28misdemeanor.
58	58	2.29 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
59	59	2.30committed on or after that date.
60	60	2Sec. 2.
61	61	25-04113 as introduced02/20/25 REVISOR KLL/MI 3.1 Sec. 3. [181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS.
62	62	3.2 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this
63	63	3.3subdivision have the meanings given.
64	64	3.4 (b) "Commissioner" means the commissioner of labor and industry.
65	65	3.5 (c) "Employee" means a person who performs services for hire in Minnesota for an
66	66	3.6employer. Employee does not include an independent contractor.
67	67	3.7 (d) "Employer" means a person or entity that employs one or more employees in
68	68	3.8Minnesota and includes the state and any political subdivision of the state.
69	69	3.9 (e) "License" means any permit, registration, certification, or other form of approval
70	70	3.10authorized by statute or rule to be issued by the state or a political subdivision of the state
71	71	3.11as a condition of doing business in Minnesota.
72	72	3.12 (f) "Unauthorized individual" means an individual who does not have the legal right or
73	73	3.13authorization under federal law to work in the United States as described in United States
74	74	3.14Code, title 8, section 1324a(h)(3).
75	75	3.15 Subd. 2.Prohibition.No employer shall knowingly employ an unauthorized individual
76	76	3.16as an employee.
77	77	3.17 Subd. 3.Investigations.The commissioner shall investigate possible violations of this
78	78	3.18section whenever the commissioner has cause to believe that a violation has occurred, either
79	79	3.19on the basis of a report of a suspected violation or on the basis of any other credible
80	80	3.20information, including violations found during the course of an investigation.
81	81	3.21 Subd. 4.Enforcement; penalty.(a) Upon a violation of this section, the commissioner
82	82	3.22shall:
83	83	3.23 (1) order the employer to terminate the employment of all unauthorized individuals; and
84	84	3.24 (2) direct the applicable agencies to suspend all licenses held by the employer for up to
85	85	3.2514 business days.
86	86	3.26 (b) The commissioner may issue a penalty to the employer of not less than $1,000 and
87	87	3.27not more than $10,000 per violation of this section.
88	88	3.28 (c) In determining the length of a license suspension and the amount of any penalty, the
89	89	3.29commissioner shall consider any prior misconduct by the employer, the duration of the
90	90	3.30violation, the number of unauthorized individuals employed by the employer, and other
91	91	3.31relevant factors.
92	92	3Sec. 3.
93	93	25-04113 as introduced02/20/25 REVISOR KLL/MI 4.1 (d) For the purposes of this section, proof of verifying the employment authorization of
94	94	4.2an employee through the e-verify program creates a rebuttable presumption that an employer
95	95	4.3did not knowingly employ an unauthorized individual.
96	96	4.4 Sec. 4. [412.926] SANCTUARY CITY PROHIBITION.
97	97	4.5 Subdivision 1.Definition of sanctuary city.For purposes of this section "sanctuary
98	98	4.6city" means a home rule charter or statutory city that prohibits, or in any way restricts, a
99	99	4.7public safety official or employee from:
100	100	4.8 (1) inquiring about a person's citizenship or immigration status;
101	101	4.9 (2) lawfully cooperating with or aiding federal officials or employees charged with
102	102	4.10enforcing immigration laws;
103	103	4.11 (3) providing or receiving information from federal officials or employees charged with
104	104	4.12enforcing immigration laws;
105	105	4.13 (4) maintaining citizenship and immigration status data; or
106	106	4.14 (5) exchanging citizenship and immigration status data with other federal, state, or local
107	107	4.15government entities.
108	108	4.16 Subd. 2.Prohibition.A home rule charter or statutory city shall not enforce an existing
109	109	4.17ordinance or policy or pass an ordinance or policy that establishes a sanctuary city.
110	110	4.18 Sec. 5. Minnesota Statutes 2024, section 609.282, subdivision 1, is amended to read:
111	111	4.19 Subdivision 1.Labor trafficking resulting in death.Whoever knowingly engages in
112	112	4.20the labor trafficking of an individual is guilty of a crime and may be sentenced to
113	113	4.21imprisonment for not more than 25 30 years or to payment of a fine of not more than $40,000
114	114	4.22$60,000, or both, if the labor trafficking victim dies and the death was proximately caused
115	115	4.23by the labor trafficking conduct of the offender and murder in the first or second degree
116	116	4.24was not committed thereby.
117	117	4.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
118	118	4.26committed on or after that date.
119	119	4.27 Sec. 6. Minnesota Statutes 2024, section 609.282, subdivision 1a, is amended to read:
120	120	4.28 Subd. 1a.Individuals under age 18; extended period of time; great bodily
121	121	4.29harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a
122	122	4.30crime and may be sentenced to imprisonment for not more than 20 25 years or to a payment
123	123	4Sec. 6.
124	124	25-04113 as introduced02/20/25 REVISOR KLL/MI 5.1of a fine of not more than $40,000 $50,000, or both, if any of the following circumstances
125	125	5.2exist:
126	126	5.3 (1) the labor trafficking victim is under the age of 18;
127	127	5.4 (2) the labor trafficking occurs over an extended period of time; or
128	128	5.5 (3) the labor trafficking victim suffers great bodily harm and the harm was proximately
129	129	5.6caused by the labor trafficking conduct of the offender.
130	130	5.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
131	131	5.8committed on or after that date.
132	132	5.9 Sec. 7. Minnesota Statutes 2024, section 609.282, subdivision 2, is amended to read:
133	133	5.10 Subd. 2.Other offenses.Whoever knowingly engages in the labor trafficking of another
134	134	5.11is guilty of a crime and may be sentenced to imprisonment for not more than 15 20 years
135	135	5.12or to payment of a fine of not more than $30,000 $40,000, or both.
136	136	5.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
137	137	5.14committed on or after that date.
138	138	5.15 Sec. 8. Minnesota Statutes 2024, section 609.283, subdivision 2, is amended to read:
139	139	5.16 Subd. 2.Penalties.A person who violates subdivision 1 may be sentenced as follows:
140	140	5.17 (1) if the crime involves a victim under the age of 18, to imprisonment for not more than
141	141	5.18ten 15 years or to payment of a fine of $20,000 $30,000, or both; or
142	142	5.19 (2) in other cases, to imprisonment for not more than five ten years or to payment of a
143	143	5.20fine of not more than $10,000 $20,000, or both.
144	144	5.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
145	145	5.22committed on or after that date.
146	146	5.23 Sec. 9. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read:
147	147	5.24 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking
148	148	5.25in the first degree.(a) Whoever, while acting other than as a prostitute or patron,
149	149	5.26intentionally does any of the following may be sentenced to imprisonment for not more
150	150	5.27than 25 30 years or to payment of a fine of not more than $50,000 $60,000, or both:
151	151	5.28 (1) solicits or induces an individual under the age of 18 years to practice prostitution;
152	152	5.29 (2) promotes the prostitution of an individual under the age of 18 years;
153	153	5Sec. 9.
154	154	25-04113 as introduced02/20/25 REVISOR KLL/MI 6.1 (3) receives profit, knowing or having reason to know that it is derived from the
155	155	6.2prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
156	156	6.3or
157	157	6.4 (4) engages in the sex trafficking of an individual under the age of 18 years.
158	158	6.5 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
159	159	6.6for not more than 30 35 years or to payment of a fine of not more than $60,000 $70,000,
160	160	6.7or both, if one or more of the following aggravating factors are present:
161	161	6.8 (1) the offender has committed a prior qualified human trafficking-related offense;
162	162	6.9 (2) the offense involved a sex trafficking victim who suffered bodily harm during the
163	163	6.10commission of the offense;
164	164	6.11 (3) the time period that a sex trafficking victim was held in debt bondage or forced or
165	165	6.12coerced labor or services exceeded 180 days; or
166	166	6.13 (4) the offense involved more than one sex trafficking victim.
167	167	6.14 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
168	168	6.15committed on or after that date.
169	169	6.16 Sec. 10. Minnesota Statutes 2024, section 609.322, subdivision 1a, is amended to read:
170	170	6.17 Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking
171	171	6.18in the second degree.Whoever, while acting other than as a prostitute or patron, intentionally
172	172	6.19does any of the following may be sentenced to imprisonment for not more than 20 25 years
173	173	6.20or to payment of a fine of not more than $40,000 $50,000, or both:
174	174	6.21 (1) solicits or induces an individual to practice prostitution;
175	175	6.22 (2) promotes the prostitution of an individual;
176	176	6.23 (3) receives profit, knowing or having reason to know that it is derived from the
177	177	6.24prostitution, or the promotion of the prostitution, of an individual; or
178	178	6.25 (4) engages in the sex trafficking of an individual.
179	179	6.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
180	180	6.27committed on or after that date.
181	181	6Sec. 10.
182	182	25-04113 as introduced02/20/25 REVISOR KLL/MI