HF 4452

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:58pm

A bill for an act
relating to public safety; requiring prosecution of offenses punishable by life
imprisonment to proceed by indictment; requiring prosecutions of peace officers
involved in an officer-involved death to proceed by indictment; proposing coding
for new law in Minnesota Statutes, chapter 628.

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

Section 1.

new text begin [628.025] INDICTMENT REQUIRED.
new text end

new text begin (a) An offense punishable by life imprisonment must be prosecuted by indictment. The
prosecutor may initially proceed by a complaint after an arrest without a warrant or as the
basis to issue an arrest warrant. Subsequent procedure must be in accordance with rules 8
and 19 of the Rules of Criminal Procedure.
new text end

new text begin (b) An offense arising from an officer-involved death must be prosecuted by indictment
if a peace officer is alleged to have committed the offense.
new text end

new text begin (c) Any other offense defined by state law may be prosecuted by indictment or by a
complaint as provided by rule 2 of the Rules of Criminal Procedure.
new text end

new text begin (d) As used in this section, the following terms have the meanings given:
new text end

new text begin (1) "officer-involved death" has the meaning given in section 299C.80, subdivision 1,
paragraph (c); and
new text end

new text begin (2) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to offenses
committed on or after that date.
new text end