HF 3946

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 05:32 p.m.

A bill for an act
relating to public safety; requiring law enforcement agencies to report certain
information in domestic abuse cases; authorizing certain arrests for suspected
nonfelony domestic abuse; requiring a person arrested for suspected domestic
abuse to be held in custody until the person's first court appearance; establishing
the Task Force on Improving Responses to Domestic Violence Crimes; requiring
annual reports; appropriating money; amending Minnesota Statutes 2024, sections
611A.0311, subdivision 1; 629.341, subdivisions 1, 4; 629.72, subdivisions 1a, 6;
Minnesota Statutes 2025 Supplement, section 299C.80, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 626; repealing Minnesota
Statutes 2024, section 629.72, subdivision 3.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 299C.80, subdivision 6, is amended
to read:

Subd. 6.

Reporting.

(a) As provided for in chapter 13, the superintendent must make
all inactive investigative data for officer-involved death investigations that are public under
section 13.82, subdivision 7, or other applicable law available on the bureau's website within
30 days of the case becoming inactive as defined in section 13.82, subdivision 7, except
any video that does not record, describe, or otherwise document actions and circumstances
surrounding the officer-involved death.

(b) By February 1 of each year, the superintendent shall report to the commissioner, the
governor, and the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety finance and policy the following information about the unit:
the number of investigations initiated; new text begin the number of incidents that began with a law
enforcement response to a situation involving suspected or alleged domestic abuse, as
defined in section 626.5537, subdivision 1; new text end the number of incidents investigated; the
outcomes or current status of each investigation; the charging decisions made by the
prosecuting authority of incidents investigated by the unit; the number of plea agreements
reached in incidents investigated by the unit; and any other information relevant to the unit's
mission.

(c) Nothing in this subdivision modifies the requirements of chapter 13 or the
classification of data.

Sec. 2.

Minnesota Statutes 2024, section 611A.0311, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) "Domestic abuse" has the meaning given in section
518B.01, subdivision 2.

(b) "Domestic abuse case" means a prosecution for:

(1) a crime that involves domestic abuse;

(2) violation of a condition of release following an arrest for a crime that involves
domestic abuse; deleted text begin or
deleted text end

(3) violation of a domestic abuse order for protection new text begin issued pursuant to section 518B.01;
new text end

new text begin (4) violation of a harassment restraining order issued pursuant to section 609.748
committed against a family or household member by a family or household member;
new text end

new text begin (5) harassment or stalking within the meaning of section 609.749 committed against a
family or household member by a family or household member; or
new text end

new text begin (6) violation of a domestic abuse no contact order issued pursuant to section 629.75 new text end .

Sec. 3.

new text begin [626.5537] DOMESTIC ABUSE; REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2, paragraph
(a), and also includes the following, if committed against a family or household member
by a family or household member:
new text end

new text begin (1) violation of an order for protection within the meaning of section 518B.01, subdivision
14;
new text end

new text begin (2) violation of a harassment restraining order within the meaning of section 609.748,
subdivision 6;
new text end

new text begin (3) harassment or stalking within the meaning of section 609.749; and
new text end

new text begin (4) violation of a domestic abuse no contact order within the meaning of section 629.75,
subdivision 2.
new text end

new text begin (c) "Family or household member" has the meaning given in section 518B.01, subdivision
2, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Collection of information; reporting. new text end

new text begin The head of a local law enforcement
agency or state law enforcement department that employs peace officers, as defined in
section 626.84, subdivision 1, paragraph (c), must report every incident a peace officer
reasonably believes, or a victim alleges, constitutes an act of domestic abuse to the
commissioner of public safety by January 15 each year. The superintendent of the Bureau
of Criminal Apprehension must adopt a reporting form to be used by law enforcement
agencies in making the reports required under this section. The reports must include all of
the following for each incident:
new text end

new text begin (1) the date of the incident;
new text end

new text begin (2) the location of the incident;
new text end

new text begin (3) the crime suspected to have been committed;
new text end

new text begin (4) whether the response began as a call for service alleging an act of domestic abuse;
new text end

new text begin (5) the perceived gender of the alleged victim and suspect;
new text end

new text begin (6) the perceived race of the alleged victim and suspect;
new text end

new text begin (7) whether a suspect was arrested at the time of the incident;
new text end

new text begin (8) whether a suspect was arrested at a later date and, if so, the time between the incident
and the arrest;
new text end

new text begin (9) whether the alleged victim was arrested at the time of the incident and, if so, any
alleged crime that formed the basis for the arrest;
new text end

new text begin (10) whether the alleged offender possessed, or was reported to possess, a firearm at the
time of the incident;
new text end

new text begin (11) whether the case was referred for prosecution;
new text end

new text begin (12) whether the determination that the incident constituted an act of domestic abuse
was based on an officer's reasonable belief, the victim's allegation, or both; and
new text end

new text begin (13) any additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin The commissioner of public safety must summarize and analyze
the information received under subdivision 2 and provide an annual report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety.
The annual report may be included in the department's annual uniform crime report.
new text end

Sec. 4.

Minnesota Statutes 2024, section 629.341, subdivision 1, is amended to read:

Subdivision 1.

Arrest.

Notwithstanding section 629.34 or any other law or rule, a peace
officer may arrest a person anywhere without a warrant, including at the person's residence,
if the peace officer has probable cause to believe that deleted text begin within the preceding 72 hours, exclusive
of the day probable cause was established, deleted text end the person has committed nonfelony domestic
abuse, as defined in section 518B.01, subdivision 2. The arrest may be made even though
the assault did not take place in the presence of the peace officer.

Sec. 5.

Minnesota Statutes 2024, section 629.341, subdivision 4, is amended to read:

Subd. 4.

Report required.

new text begin (a) new text end Whenever a peace officer investigates an allegation that
deleted text begin an incident described in subdivision 1 has occurred, whether or not an arrest is made, deleted text end new text begin a
person has committed a qualified domestic violence-related offense and the victim is a
family or household member, new text end the officer shall make a written police report of the alleged
incident new text begin regardless of whether an arrest is made new text end . The report must contain at least the following
information: the name, address and telephone number of the victim, if provided by the
victim, a statement as to whether an arrest occurred, the name of the arrested person, and a
brief summary of the incident. Data that identify a victim who has made a request under
section 13.82, subdivision 17, paragraph (d), and that are private data under that subdivision,
shall be private in the report required by this section. A copy of this report must be provided
upon request, at no cost, to the victim of domestic abuse, the victim's attorney, or
organizations designated by the Office of Justice Programs in the Department of Public
Safety that are providing services to victims of domestic abuse. The officer shall submit the
report to the officer's supervisor or other person to whom the employer's rules or policies
require reports of similar allegations of criminal activity to be made.

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "qualified domestic violence-related offense" has the meaning given in section 609.02,
subdivision 16; and
new text end

new text begin (2) "family or household member" has the meaning given in section 518B.01, subdivision
2, paragraph (b).
new text end

Sec. 6.

Minnesota Statutes 2024, section 629.72, subdivision 1a, is amended to read:

Subd. 1a.

Detention in lieu of citation; release.

(a) Notwithstanding any other law or
rule, an arresting officer may not issue a citation in lieu of arrest and detention to an
individual charged with harassing or stalking, domestic abuse, violation of an order for
protection, or violation of a domestic abuse no contact order.

(b) Notwithstanding any other law or rule, an individual who is arrested on a charge of
harassing or stalking any person, domestic abuse, violation of an order for protection, or
violation of a domestic abuse no contact order, must be brought to the police station or
county jail new text begin and must be detained until the person's first court appearance new text end . deleted text begin The officer in
charge of the police station or the county sheriff in charge of the jail shall issue a citation
in lieu of continued detention unless it reasonably appears to the officer or sheriff that release
of the person (1) poses a threat to the alleged victim or another family or household member,
(2) poses a threat to public safety, or (3) involves a substantial likelihood the arrested person
will fail to appear at subsequent proceedings.
deleted text end

(c) deleted text begin If the arrested person is not issued a citation by the officer in charge of the police
station or the county sheriff, deleted text end The arrested person must be brought before the nearest available
judge of the district court in the county in which the alleged harassing or stalking, domestic
abuse, violation of an order for protection, or violation of a domestic abuse no contact order
took place without unnecessary delay as provided by court rule.

Sec. 7.

Minnesota Statutes 2024, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice; release of arrested person.

(a) Immediately after deleted text begin issuance of a citation
in lieu of continued detention under subdivision 1, or deleted text end the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area program that provides services to victims of domestic abuse as designated
by the Office of Justice Programs in the Department of Public Safety.

(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).

(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.

Sec. 8. new text begin TASK FORCE ON IMPROVING RESPONSES TO DOMESTIC VIOLENCE
CRIMES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Task Force on Improving Responses to Domestic
Violence Crimes is established to review law enforcement, prosecutorial, and community
responses to domestic violence crimes and make policy and funding recommendations to
the legislature to improve those responses and increase public safety.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The commissioner of public safety must invite individuals
with lived domestic violence experience and representatives from city and county prosecuting
agencies, Violence Free Minnesota, Mending the Sacred Hoop, other statewide crime victim
coalitions, organizations that advocate for or provide direct services to victims of domestic
violence, organizations that provide domestic abuse transformation programming, the
Minnesota judicial branch, the Minnesota Board of Public Defense, the Department of
Health, the Department of Public Safety, the Office of Justice Programs, the Office for
Missing and Murdered Indigenous Relatives, the Office for Missing and Murdered Black
Women and Girls, local law enforcement agencies, Tribal governments, and other interested
parties to participate in the task force.
new text end

new text begin (b) The commissioner must ensure that the membership of the task force is balanced
among the various representatives, reflects a broad spectrum of viewpoints, reflects the
geographic diversity of the state, and is inclusive of marginalized communities as well as
victim and survivor voices.
new text end

new text begin (c) Members serve at the pleasure of the commissioner of public safety or until the task
force expires. The commissioner may fill vacancies consistent with the qualifications of the
vacating member invited to participate in the task force.
new text end

new text begin (d) Members of the task force serve without compensation.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The commissioner of public safety or the commissioner's
designee must convene the first meeting of the task force by September 1, 2026.
new text end

new text begin (b) At the first meeting, the members of the task force must elect a chair and may elect
other officers as the members deem necessary.
new text end

new text begin (c) The task force must meet monthly or as determined by the chair. The task force must
meet frequently enough to accomplish the tasks identified in this section.
new text end

new text begin (d) Meetings of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The task force must review current practices related to cases of
domestic violence and recommend policies, training, statutory changes, and funding to make
investigations more effective, support and protect victims, improve prosecutions, and increase
awareness of issues connected to domestic violence throughout the criminal justice system.
new text end

new text begin (b) The task force's first responsibility must be to develop a model policy on the use of
lethality assessments by peace officers and recommend training for peace officers, law
enforcement agencies, and others regarding the use of lethality assessments. The model
policy must require peace officers interviewing a victim of domestic abuse to assess the
potential danger to the victim and recommend specific actions for peace officers to take if
the results of the assessment indicate the victim is in need of immediate protection or services.
The model policy may include a lethality assessment form for use by peace officers.
new text end

new text begin (c) At a minimum, the task force must:
new text end

new text begin (1) review current training related to domestic violence cases that is provided to 911
telecommunicators, peace officers, prosecuting attorneys, and judges;
new text end

new text begin (2) develop updated training guidelines and establish recommendations for regular review
of those guidelines;
new text end

new text begin (3) review current practices for interviewing victims of domestic violence, children who
are victims or witnesses of domestic violence, and other witnesses;
new text end

new text begin (4) make recommendations for improved interviewing practices, including policies for
following up on interviews and providing protection and support for witnesses;
new text end

new text begin (5) identify barriers victims of domestic violence encounter when reporting incidents
of domestic violence, participating in an investigation or prosecution, and accessing services;
new text end

new text begin (6) recommend standard policies and practices to reduce the barriers victims of domestic
violence encounter;
new text end

new text begin (7) identify crimes that frequently occur in conjunction with incidents of domestic
violence, such as property damage and theft, and make recommendations regarding
investigating, documenting, and prosecuting those offenses;
new text end

new text begin (8) identify conditions, such as traumatic brain injuries, that frequently result from
repeated incidents of domestic violence and recommend policies and procedures for working
with victims and witnesses who may be suffering from those conditions;
new text end

new text begin (9) make recommendations for public awareness campaigns to improve the ability of
the general public to identify signs of domestic violence and properly report observations;
new text end

new text begin (10) review practices in Minnesota and other jurisdictions regarding the use of specialty
courts or dedicated calendars to address cases involving domestic violence and family law
to determine if dedicated courts improve outcomes for victims, reduce recidivism, increase
consistency, or have any other benefits;
new text end

new text begin (11) review current practices related to the involvement of victim advocates;
new text end

new text begin (12) make recommendations for best practices related to supporting victims of domestic
violence through the use of victim advocates, including identifying the appropriate scope
of services, recommending the point of initial engagement, suggesting the appropriate
frequency of contacts, and other recommendations related to improving the quality and
consistency of contacts;
new text end

new text begin (13) review prosecutorial policies adopted under Minnesota Statutes, section 611A.0311,
and make recommendations for updates to those policies;
new text end

new text begin (14) identify appropriate data prosecutors should collect and report related to cases
involving domestic violence to ensure consistency and transparency in the prosecution of
cases involving domestic violence and the appropriate protection and support of victims
and witnesses;
new text end

new text begin (15) review existing data to assess the regularity of cases in which multiple parties are
arrested following an incident of domestic violence and make recommendations related to
whether arrests should be limited to the predominant aggressor; and
new text end

new text begin (16) evaluate public health policies to encourage the prevention of domestic violence.
new text end

new text begin (d) The task force may consider additional information, request presentations or
contributions from any other organization or person, and consider other issues consistent
with the purpose of the task force.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin (a) By January 15, 2027, the task force must submit a preliminary
report to the chairs, cochairs, and ranking minority members of the legislative committees
with jurisdiction over public safety that includes the model policy and recommendations
for the training described in subdivision 4, paragraph (b).
new text end

new text begin (b) By January 15, 2028, the task force must submit a final report to the chairs, cochairs,
and ranking minority members of the legislative committees with jurisdiction over public
safety on the work of the task force, including any recommendations for legislation or
funding.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its final report under
subdivision 5.
new text end

Sec. 9. new text begin TASK FORCE ON IMPROVING RESPONSES TO DOMESTIC VIOLENCE
CRIMES; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the commissioner of public safety to provide support for the Task Force on Improving
Responses to Domestic Violence Crimes. The base for this appropriation is $0 beginning
in fiscal year 2028.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 629.72, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3946-1

629.72 BAIL; DOMESTIC ABUSE; HARASSMENT; VIOLATION OF ORDER FOR PROTECTION; OR NO CONTACT ORDER.

Subd. 3.

Release.

If the arrested person is not issued a citation by the officer in charge of the police station or the county sheriff pursuant to subdivision 1, and is not brought before a judge within the time limits prescribed by court rule, the arrested person shall be released by the arresting authorities, and a citation must be issued in lieu of continued detention.