HF 3482

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:26pm

A bill for an act
relating to public safety; requiring county attorneys to prosecute certain cases;
establishing a misdemeanor offense; requiring a report; proposing coding for new
law in Minnesota Statutes, chapter 388.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [388.055] PROBABLE CAUSE; PROSECUTION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Prosecution required on showing of probable cause. new text end

new text begin If a county attorney
or assistant county attorney receives information from a law enforcement agency, witness,
or other credible source that establishes probable cause for instituting a prosecution for a
felony offense, the county attorney or assistant county attorney shall proceed according to
the generally applicable standards regarding the prosecutorial functions and duties of a
county attorney, provided that the county attorney or assistant county attorney is not required
to proceed with the prosecution if the complainant withdraws the allegation.
new text end

new text begin Subd. 2. new text end

new text begin Failure to prosecute; penalties. new text end

new text begin (a) A county attorney or assistant county
attorney who refuses or intentionally fails to faithfully prosecute a case as required under
this section is guilty of a misdemeanor and upon conviction shall forfeit office or be
dismissed.
new text end

new text begin (b) Willful violation of this section by a county attorney or assistant county attorney
constitutes just cause for suspension without pay or dismissal.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin Every county attorney shall maintain a list of all cases in which the
county attorney or assistant county attorney determined that the generally applicable standards
regarding the prosecutorial functions and duties of a county attorney required the attorney
to decline prosecution despite the existence of probable cause. The list must include the
name of the person suspected of committing a crime and the reason prosecution was declined.
At the close of each month, the county attorney shall forward a report including all cases
added to the list in the previous month to the legislative committees with jurisdiction over
judiciary and public safety finance and policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end