HF 3826
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/02/2026 02:40 p.m.
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A bill for an act
relating to public safety; modifying definition of identity for purposes of identity
theft crime; expanding authority of financial crimes and fraud section of Bureau
of Criminal Apprehension; making changes to administrative subpoenas; altering
statutes of limitation for certain fraud-related offenses; amending Minnesota
Statutes 2024, section 609.527, subdivision 1; Minnesota Statutes 2025 Supplement,
sections 299C.061, subdivision 3; 628.26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2025 Supplement, section 299C.061, subdivision 3, is
amended to read:
Subd. 3.
Duties.
new text begin (a) new text end The Financial Crimes and Fraud Section shall:
(1) review notices and reports of insurance fraud and related crimes submitted by
authorized insurers, their employees, and agents or producers pursuant to sections 60A.951
to 60A.956;
(2) initiate inquiries and conduct investigations when the Section has reason to believe
that any of the following offenses have been or are being committed:
(i) fraud involving state-funded or administered programs or services in subdivision 1,
paragraph (b);
(ii) insurance fraud and related crimes, as defined in sections 60A.951, subdivision 4,
and 609.611, and support of those activities;
(iii) wage theft and related crimes; and
(iv) any other financial crimes; and
(3) operate the automobile theft prevention program under section 65B.84.
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(b) For the purpose of investigating financial crimes and fraud, including but not limited
to fraud involving state-funded or administered programs or services as defined in subdivision
1, paragraph (b), and insurance fraud as defined in section 609.611, the superintendent of
the Bureau of Criminal Apprehension may subpoena books, papers, correspondence,
memoranda, agreements, or other documents or records that the superintendent considers
relevant or material to the investigation. A subpoena issued under this subdivision must
state that the person to whom the subpoena is directed must not disclose that the subpoena
was issued or that the requested records have been given to law enforcement personnel
except:
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(1) insofar as the disclosure is necessary to find and disclose the records; or
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(2) pursuant to a court order.
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(c) The commissioner must report crimes related to insurance fraud disclosed by the
Department of Commerce's investigations of civil insurance fraud to the Bureau of Criminal
Apprehension.
new text end
Sec. 2.
Minnesota Statutes 2024, section 609.527, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01, paragraph
(b), whose identity has been transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, website
address, email address, postal address, telephone number, or any other identifying information
of a for-profit or not-for-profit business or organization or of a government agency, to which
the user has no legitimate claim of right.
(d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
(e) "Identity" means any name, new text begin voice or likeness, new text end number, or data transmission that may
be used, alone or in conjunction with any other information, to identify a specific individual
or entity, including any of the following:
(1) deleted text begin adeleted text end name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;
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(2) forged digital likeness, meaning a visual representation of an actual and identifiable
individual, or an audio recording of an actual identifiable individual's voice that:
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(i) has been digitally created, adapted, altered, or modified in an attempt to be
indistinguishable from a genuine visual representation or audio recording of the individual;
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(ii) misrepresents the appearance, speech, or conduct of the individual; and
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(iii) is likely to deceive a reasonable person into believing that the visual representation
or audio recording is genuine.
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deleted text begin (2)deleted text end new text begin (3)new text end unique electronic identification number, address, account number, or routing
code; or
deleted text begin (3)deleted text end new text begin (4)new text end telecommunication identification information or access device.
(f) "Indirect victim" means any person or entity described in section 611A.01, paragraph
(b), other than a direct victim.
(g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause (3),
and expenses incurred by a direct or indirect victim as a result of a violation of this section.
(h) "Unlawful activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar law
of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
(i) "Scanning device" means a scanner, reader, or any other electronic device that is used
to access, read, scan, obtain, memorize, or store, temporarily or permanently, information
encoded on a computer chip or magnetic strip or stripe of a payment card, driver's license,
or state-issued identification card.
(j) "Reencoder" means an electronic device that places encoded information from the
computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
identification card, onto the computer chip or magnetic strip or stripe of a different payment
card, driver's license, or state-issued identification card, or any electronic medium that
allows an authorized transaction to occur.
(k) "Payment card" means a credit card, charge card, debit card, or any other card that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.
Sec. 3.
Minnesota Statutes 2025 Supplement, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for a violation of section 609.561 shall be found or made
and filed in the proper court within ten years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or omissions,
indictments or complaints for violations of section 609.671 shall be found or made and filed
in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.562 and 609.563, shall be
found or made and filed in the proper court within five years after the commission of the
offense.
(k) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
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(l) The statute of limitations for criminal offenses defined or referenced in sections
80A.75; 508.80; 609.445; 609.465; 609.52, subdivision 2, paragraph (a), clause (4); 609.53;
or 609.645, shall not begin to run until the victim or a law enforcement agency is aware of
the fraud, but in no event may the prosecution be commenced later than seven years after
the act has occurred.
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deleted text begin (l)deleted text end new text begin (m)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (m)deleted text end new text begin (n) new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (n)deleted text end new text begin (o) new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (o)deleted text end new text begin (p) new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.