1.1                          A bill for an act 
  1.2             relating to courts; requiring county attorneys in 
  1.3             certain counties to provide prosecution services for 
  1.4             nonfelony violations in cities with small populations; 
  1.5             amending Minnesota Statutes 1994, section 487.25, 
  1.6             subdivision 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 487.25, 
  1.9   subdivision 10, is amended to read: 
  1.10     Subd. 10.  [PROSECUTING ATTORNEYS.] (a) Except as provided 
  1.11  in paragraph (b) for Anoka, Carver, Dakota, Scott, and 
  1.12  Washington counties or otherwise provided by law, violations of 
  1.13  state law that are petty misdemeanors or misdemeanors must be 
  1.14  prosecuted by the attorney of the statutory or home rule charter 
  1.15  city where the violation is alleged to have occurred, if the 
  1.16  city has a population greater than 600.  If a city has a 
  1.17  population of 600 or less, it may, by resolution of the city 
  1.18  council, and with the approval of the board of county 
  1.19  commissioners, give the duty to the county attorney.  In cities 
  1.20  of the first, second, and third class, gross misdemeanor 
  1.21  violations of sections 609.52, 609.535, 609.595, 609.631, and 
  1.22  609.821 must be prosecuted by the attorney of the city where the 
  1.23  violation is alleged to have occurred.  The statutory or home 
  1.24  rule charter city may enter into an agreement with the county 
  1.25  board and the county attorney to provide prosecution services 
  1.26  for any criminal offense.  All other petty misdemeanors, 
  2.1   misdemeanors, and gross misdemeanors must be prosecuted by the 
  2.2   county attorney of the county in which the alleged violation 
  2.3   occurred.  All violations of a municipal ordinance, charter 
  2.4   provision, rule, or regulation must be prosecuted by the 
  2.5   attorney for the governmental unit that promulgated the 
  2.6   municipal ordinance, charter provision, rule, or regulation, 
  2.7   regardless of its population, or by the county attorney with 
  2.8   whom it has contracted to prosecute these matters. 
  2.9      (b) In the counties of Anoka, Carver, Dakota, Scott, and 
  2.10  Washington, violations of state law that are petty misdemeanors, 
  2.11  misdemeanors, or gross misdemeanors except as provided in 
  2.12  section 388.051, subdivision 2, must be prosecuted by the 
  2.13  attorney of the statutory or home rule charter city where the 
  2.14  violation is alleged to have occurred if the statutory or home 
  2.15  rule charter city has a population greater than 300.  The Any 
  2.16  statutory or home rule charter city may enter into an agreement 
  2.17  with the county board and the county attorney to provide 
  2.18  prosecution services for any criminal offense.  Upon resolution 
  2.19  of the city council of a statutory home rule charter city having 
  2.20  a population of less than 300 and notice to the board of county 
  2.21  commissioners, the county attorney shall provide prosecution 
  2.22  services for petty misdemeanor, misdemeanor, and gross 
  2.23  misdemeanor violations of state law occurring within the city.  
  2.24  All other petty misdemeanors, misdemeanors, or gross 
  2.25  misdemeanors must be prosecuted by the county attorney of the 
  2.26  county in which the alleged violation occurred.  All violations 
  2.27  of a municipal ordinance, charter provision, rule, or regulation 
  2.28  must be prosecuted by the attorney for the governmental unit 
  2.29  that promulgated the municipal ordinance, charter provision, 
  2.30  rule, or regulation or by the county attorney with whom it has 
  2.31  contracted to prosecute these matters.