1.1 	A bill for an act
1.2 	relating to public safety; authorizing city attorneys in Hennepin and Ramsey 
1.3 	Counties to prosecute felony offenses and certain gross misdemeanor offenses 
1.4 	when a county attorney declines to prosecute; authorizing city attorneys to issue 
1.5 	administrative subpoenas in certain cases; making conforming changes;amending 
1.6 	Minnesota Statutes 2024, sections 388.051, subdivision 2; 390.251; 484.87, 
1.7 	subdivision 3; Minnesota Statutes 2025 Supplement, section 388.23, subdivision 
1.8 	1.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2024, section 388.051, subdivision 2, is amended to read:
1.11 		Subd. 2.Special provisions. (a) In Anoka, Carver, Dakota, Hennepin, Scott, and 
1.12 	Washington Counties, except as provided under paragraph (e), only the county attorney 
1.13 	shall prosecute gross misdemeanor violations of sections 289A.63, subdivisions 1, 2, 4, and 
1.14 	6; 297B.10; 609.255, subdivision 3; 609.377; 609.378; 609.41; and 617.247.
1.15 	(b) In Ramsey County, except as provided under paragraph (e), only the county attorney 
1.16 	shall prosecute gross misdemeanor violations of sections 609.255, subdivision 3; 609.377; 
1.17 	and 609.378.
1.18 	(c) Except as provided under paragraph (e), the county attorney shall prosecute failure 
1.19 	to report physical or sexual child abuse or neglect as provided under section 260E.08, 
1.20 	paragraphs (a), (b), and (c), violations of fifth-degree criminal sexual conduct under section 
1.21 	609.3451, and environmental law violations under sections 115.071, 299F.098, and 609.671.
1.22 	(d) Except in Hennepin and Ramsey Counties, except as provided under paragraph (e), 
1.23 	only the county attorney shall prosecute gross misdemeanor violations of section 152.025.
2.1 	(e) The attorney of a statutory or home rule charter city within the boundaries of Hennepin 
2.2 	or Ramsey County may prosecute a violation of any statute identified in paragraphs (a) to 
2.3 	(d) in cases where:
2.4 	(1) the violation is alleged to have occurred within the boundaries of the home rule or 
2.5 	charter city;
2.6 	(2) the county attorney declined to prosecute the violation; and
2.7 	(3) discovery of the violation occurred during a motor vehicle stop for an equipment 
2.8 	violation.

2.9 	EFFECTIVE DATE. This section is effective the day following final enactment and 
2.10 	applies to crimes committed on or after that date and to crimes committed before that date 
2.11 	provided the limitations period in Minnesota Statutes, section 628.26, has not expired.

2.12 	Sec. 2. Minnesota Statutes 2025 Supplement, section 388.23, subdivision 1, is amended 
2.13 	to read:
2.14 		Subdivision 1.Authority. (a) The county attorney, or any deputy or assistant county 
2.15 	attorney whom the county attorney authorizes in writing, has and a city attorney prosecuting 
2.16 	a suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, 
2.17 	have the authority to subpoena and require the production of:
2.18 	(1) any records of:
2.19 	(i) telephone companies, cellular phone companies, paging companies, and subscribers 
2.20 	of private computer networks including Internet service providers or computer bulletin 
2.21 	board systems;
2.22 	(ii) electric companies, gas companies, and water utilities;
2.23 	(iii) chemical suppliers;
2.24 	(iv) hotels and motels;
2.25 	(v) pawn shops;
2.26 	(vi) airlines, buses, taxis, and other entities engaged in the business of transporting 
2.27 	people; and
2.28 	(vii) freight companies, warehousing companies, self-service storage facilities, package 
2.29 	delivery companies, and other entities engaged in the businesses of transport, storage, or 
2.30 	delivery;
3.1 	(2) records of the existence of safe deposit box account numbers and customer savings 
3.2 	and checking account numbers maintained by financial institutions and safe deposit 
3.3 	companies;
3.4 	(3) insurance records relating to the monetary payment or settlement of claims;
3.5 	(4) the banking, credit card, and financial records of a subject of an identity theft 
3.6 	investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a 
3.7 	third party, including but not limited to safe deposit, loan and account applications and 
3.8 	agreements, signature cards, statements, checks, transfers, account authorizations, safe 
3.9 	deposit access records and documentation of fraud;
3.10 	(5) wage and employment records of an applicant or recipient of public assistance who 
3.11 	is the subject of a welfare fraud investigation relating to eligibility information for public 
3.12 	assistance programs; and
3.13 	(6) any of the following records of an employer or business entity who is the subject of 
3.14 	or has information related to a wage theft investigation:
3.15 	(i) accounting and financial records such as books, registers, payrolls, banking records, 
3.16 	credit card records, securities records, and records of money transfers;
3.17 	(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
3.18 	(iii) other records that in any way relate to wages or other income paid, hours worked, 
3.19 	and other conditions of employment of any employee or of work performed by persons 
3.20 	identified as independent contractors, and records of any payments to contractors, and 
3.21 	records of workers' compensation insurance.
3.22 	(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate 
3.23 	law enforcement investigation. Administrative subpoenas may only be issued in wage theft, 
3.24 	welfare fraud, and identity theft cases if there is probable cause to believe a crime has been 
3.25 	committed.
3.26 	(c) This subdivision applies only to the records of business entities and does not extend 
3.27 	to private individuals or their dwellings.
3.28 	(d) As used in this subdivision, "business entity" has the meaning given in section 
3.29 	308B.005.

3.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.1 	Sec. 3. Minnesota Statutes 2024, section 390.251, is amended to read:
4.2 	390.251 REQUEST FOR EXAMINATIONS.
4.3 	The coroner or medical examiner may, when requested, make physical examinations 
4.4 	and tests incident to any matter of a criminal nature under consideration by the district court 
4.5 	or county attorney, law enforcement agency, city attorney prosecuting a suspected violation 
4.6 	pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, or publicly appointed 
4.7 	criminal defense counsel, and shall deliver a copy of a report of such tests and examinations 
4.8 	to the person making the request. Such an examination does not establish a doctor-patient 
4.9 	relationship. The person making the request shall pay the cost of such examinations and 
4.10 	tests.

4.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.12 	Sec. 4. Minnesota Statutes 2024, section 484.87, subdivision 3, is amended to read:
4.13 		Subd. 3.Prosecuting attorneys.  (a) Except as provided in subdivision 2 and as otherwise 
4.14 	provided by law, violations of state law that are petty misdemeanors or misdemeanors must 
4.15 	be prosecuted by the attorney of the statutory or home rule charter city where the violation 
4.16 	is alleged to have occurred, if the city has a population greater than 600. If a city has a 
4.17 	population of 600 or less, it may, by resolution of the city council, and with the approval 
4.18 	of the board of county commissioners, give the duty to the county attorney. In cities of the 
4.19 	first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535, 
4.20 	609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the 
4.21 	violation is alleged to have occurred. The statutory or home rule charter city may enter into 
4.22 	an agreement with the county board and the county attorney to provide prosecution services 
4.23 	for any criminal offense. All other petty misdemeanors, misdemeanors, and gross 
4.24 	misdemeanors must be prosecuted by the county attorney of the county in which the alleged 
4.25 	violation occurred. All violations of a municipal ordinance, charter provision, rule, or 
4.26 	regulation must be prosecuted by the attorney for the governmental unit that promulgated 
4.27 	the municipal ordinance, charter provision, rule, or regulation, regardless of its population, 
4.28 	or by the county attorney with whom it has contracted to prosecute these matters.
4.29 	(b) In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state 
4.30 	law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided 
4.31 	in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or 
4.32 	home rule charter city where the violation is alleged to have occurred. The statutory or home 
4.33 	rule charter city may enter into an agreement with the county board and the county attorney 
4.34 	to provide prosecution services for any criminal offense. All other petty misdemeanors, 
5.1 	misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the 
5.2 	county in which the alleged violation occurred. All violations of a municipal ordinance, 
5.3 	charter provision, rule, or regulation must be prosecuted by the attorney for the governmental 
5.4 	unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by 
5.5 	the county attorney with whom it has contracted to prosecute these matters.
5.6 	(c) The attorney of a statutory or home rule charter city within the boundaries of Hennepin 
5.7 	or Ramsey County may prosecute a felony violation of state law in cases where:
5.8 	(1) the violation is alleged to have occurred within the boundaries of the home rule or 
5.9 	charter city;
5.10 	(2) the county attorney declined to prosecute the violation; and
5.11 	(3) discovery of the violation occurred during a motor vehicle stop for an equipment 
5.12 	violation.

5.13 	EFFECTIVE DATE. This section is effective the day following final enactment and 
5.14 	applies to crimes committed on or after that date and to crimes committed before that date 
5.15 	provided the limitations period in Minnesota Statutes, section 628.26, has not expired.