HF 3826
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/09/2026 04:44 p.m.
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A bill for an act
relating to public safety; modifying and adding definitions for purposes of identity
theft crime; providing the attorney general and county attorneys with additional
subpoena authority; altering statutes of limitation for certain fraud-related offenses;
amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 609.527,
subdivision 1; Minnesota Statutes 2025 Supplement, sections 388.23, subdivision
1; 628.26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:
Subdivision 1.
Authority.
new text begin (a) new text end The attorney general, or any deputy, assistant, or special
assistant attorney general whom the attorney general authorizes in writing, has the authority
in any county of the state to subpoena and require the production ofnew text begin :
new text end
new text begin (1)new text end any records ofnew text begin :
new text end
new text begin (i)new text end telephone companies, cellular phone companies, paging companies, subscribers of
private computer networks including Internet service providers or computer bulletin board
systemsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii)new text end electric companies, gas companies, new text begin and new text end water utilitiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iii)new text end chemical suppliersdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iv)new text end hotels and motelsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (v)new text end pawn shopsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (vi)new text end airlines, buses, taxis, and other entities engaged in the business of transporting
peopledeleted text begin ,deleted text end new text begin ;new text end and
new text begin (vii)new text end freight companies, self-service storage facilities, warehousing companies, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
deliverydeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2) books, papers, correspondence, memoranda, agreements, and other documents or
records related to a law enforcement investigation where there is probable cause to believe
a crime has been committed involving a financial crime or fraud, including but not limited
to fraud involving state-funded or administered programs or services as defined in section
299C.061, subdivision 1, paragraph (b), and insurance fraud in violation of section 609.611;
new text end and
new text begin (3)new text end records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companies.
new text begin (b)new text end Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation.
Sec. 2.
Minnesota Statutes 2025 Supplement, section 388.23, subdivision 1, is amended
to read:
Subdivision 1.
Authority.
(a) The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production of:
(1) any records of:
(i) telephone companies, cellular phone companies, paging companies, and subscribers
of private computer networks including Internet service providers or computer bulletin
board systems;
(ii) electric companies, gas companies, and water utilities;
(iii) chemical suppliers;
(iv) hotels and motels;
(v) pawn shops;
(vi) airlines, buses, taxis, and other entities engaged in the business of transporting
people; and
(vii) freight companies, warehousing companies, self-service storage facilities, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
delivery;
new text begin
(2) books, papers, correspondence, memoranda, agreements, and other documents or
records related to a law enforcement investigation of financial crimes and fraud, including
but not limited to fraud involving state-funded or administered programs or services as
defined in section 299C.061, subdivision 1, paragraph (b), and insurance fraud in violation
of section 609.611;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companies;
deleted text begin (3)deleted text end new text begin (4)new text end insurance records relating to the monetary payment or settlement of claims;
deleted text begin (4)deleted text end new text begin (5)new text end the banking, credit card, and financial records of a subject of an identity theft
investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a
third party, including but not limited to safe deposit, loan and account applications and
agreements, signature cards, statements, checks, transfers, account authorizations, safe
deposit access records and documentation of fraud;
deleted text begin (5)deleted text end new text begin (6)new text end wage and employment records of an applicant or recipient of public assistance
who is the subject of a welfare fraud investigation relating to eligibility information for
public assistance programs; and
deleted text begin (6)deleted text end new text begin (7)new text end any of the following records of an employer or business entity who is the subject
of or has information related to a wage theft investigation:
(i) accounting and financial records such as books, registers, payrolls, banking records,
credit card records, securities records, and records of money transfers;
(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
(iii) other records that in any way relate to wages or other income paid, hours worked,
and other conditions of employment of any employee or of work performed by persons
identified as independent contractors, and records of any payments to contractors, and
records of workers' compensation insurance.
(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation. Administrative subpoenas may only be issued in wage theft,
welfare fraud, deleted text begin anddeleted text end identity theft casesnew text begin , and cases related to a law enforcement investigation
of financial crimes and fraudnew text end if there is probable cause to believe a crime has been committed.
(c) This subdivision applies only to the records of business entities and does not extend
to private individuals or their dwellings.
(d) As used in this subdivision, "business entity" has the meaning given in section
308B.005.
Sec. 3.
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.
new text begin
(e) "Forged digital likeness" means any video recording, motion-picture film, sound
recording, electronic image, or photograph, or any technological representation of speech
or conduct substantially derivative thereof that:
new text end
new text begin
(1) was created, adapted, altered, or modified in a manner that was substantially dependent
upon technical means;
new text end
new text begin
(2) misrepresents the appearance, speech, or conduct of the individual; and
new text end
new text begin
(3) is so realistic that a reasonable person would believe it depicts the image or speech
of an actual individual.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "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) a 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;
new text begin
(2) a forged digital likeness;
new text end
deleted text begin (2)deleted text end new text begin (3) anew text end unique electronic identification number, address, account number, or routing
code; or
deleted text begin (3)deleted text end new text begin (4) anew text end telecommunication identification information or access device.
deleted text begin (f)deleted text end new text begin (g)new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b), other than a direct victim.
deleted text begin (g)deleted text end new text begin (h)new text end "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.
deleted text begin (h)deleted text end new text begin (i)new text end "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.
deleted text begin (i)deleted text end new text begin (j)new text end "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.
deleted text begin (j)deleted text end new text begin (k)new text end "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.
deleted text begin (k)deleted text end new text begin (l)new text end "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. 4.
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.
new text begin
(g) Indictments or complaints for violation of chapter 80A, or a rule adopted or order
issued under that chapter, made as provided in section 80A.75 or for violation of section
508.80; 609.465; 609.52, subdivision 2, paragraph (a), clause (4); 609.53; or 609.645 shall
be found or made and filed in the proper court within seven years after the commission of
the offense.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end 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.
deleted text begin (h)deleted text end new text begin (i)new text end 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.
deleted text begin (i)deleted text end new text begin (j)new text end 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.
deleted text begin (j)deleted text end new text begin (k)new text end 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.
deleted text begin (k)deleted text end new text begin (l)new text end 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.
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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2026.
new text end