HF 3986
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 02:05 p.m.
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A bill for an act
relating to public safety; authorizing city attorneys in Hennepin and Ramsey
Counties to prosecute felony offenses and certain gross misdemeanor offenses
when a county attorney declines to prosecute; authorizing city attorneys to issue
administrative subpoenas in certain cases; making conforming changes; amending
Minnesota Statutes 2024, sections 388.051, subdivision 2; 390.251; 484.87,
subdivision 3; Minnesota Statutes 2025 Supplement, section 388.23, subdivision
1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 388.051, subdivision 2, is amended to read:
Subd. 2.
Special provisions.
(a) In Anoka, Carver, Dakota, Hennepin, Scott, and
Washington Counties, new text begin except as provided under paragraph (e), new text end only the county attorney
shall prosecute gross misdemeanor violations of sections 289A.63, subdivisions 1, 2, 4, and
6; 297B.10; 609.255, subdivision 3; 609.377; 609.378; 609.41; and 617.247.
(b) In Ramsey County, new text begin except as provided under paragraph (e), new text end only the county attorney
shall prosecute gross misdemeanor violations of sections 609.255, subdivision 3; 609.377;
and 609.378.
(c) new text begin Except as provided under paragraph (e), new text end the county attorney shall prosecute failure
to report physical or sexual child abuse or neglect as provided under section 260E.08,
paragraphs (a), (b), and (c), violations of fifth-degree criminal sexual conduct under section
609.3451, and environmental law violations under sections 115.071, 299F.098, and 609.671.
(d) Except in Hennepin and Ramsey Counties, new text begin except as provided under paragraph (e),
new text end only the county attorney shall prosecute gross misdemeanor violations of section 152.025.
new text begin
(e) The attorney of a statutory or home rule charter city within the boundaries of Hennepin
or Ramsey County may prosecute a violation of any statute identified in paragraphs (a) to
(d) in cases where:
new text end
new text begin
(1) the violation is alleged to have occurred within the boundaries of the home rule or
charter city;
new text end
new text begin
(2) the county attorney declined to prosecute the violation; and
new text end
new text begin
(3) discovery of the violation occurred during a motor vehicle stop for an equipment
violation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date and to crimes committed before that date
provided the limitations period in Minnesota Statutes, section 628.26, has not expired.
new text end
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, deleted text begin hasdeleted text end new text begin and a city attorney prosecuting
a suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,
havenew text end 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;
(2) 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;
(3) insurance records relating to the monetary payment or settlement of claims;
(4) 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;
(5) 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
(6) 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, and identity theft cases 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2024, section 390.251, is amended to read:
390.251 REQUEST FOR EXAMINATIONS.
The coroner or medical examiner may, when requested, make physical examinations
and tests incident to any matter of a criminal nature under consideration by the district court
or county attorney, law enforcement agency, new text begin city attorney prosecuting a suspected violation
pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3, new text end or publicly appointed
criminal defense counsel, and shall deliver a copy of a report of such tests and examinations
to the person making the request. Such an examination does not establish a doctor-patient
relationship. The person making the request shall pay the cost of such examinations and
tests.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2024, section 484.87, subdivision 3, is amended to read:
Subd. 3.
Prosecuting attorneys.
new text begin (a) new text end Except as provided in subdivision 2 and as otherwise
provided by law, violations of state law that are petty misdemeanors or misdemeanors must
be prosecuted by the attorney of the statutory or home rule charter city where the violation
is alleged to have occurred, if the city has a population greater than 600. If a city has a
population of 600 or less, it may, by resolution of the city council, and with the approval
of the board of county commissioners, give the duty to the county attorney. In cities of the
first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535,
609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the
violation is alleged to have occurred. The statutory or home rule charter city may enter into
an agreement with the county board and the county attorney to provide prosecution services
for any criminal offense. All other petty misdemeanors, misdemeanors, and gross
misdemeanors must be prosecuted by the county attorney of the county in which the alleged
violation occurred. All violations of a municipal ordinance, charter provision, rule, or
regulation must be prosecuted by the attorney for the governmental unit that promulgated
the municipal ordinance, charter provision, rule, or regulation, regardless of its population,
or by the county attorney with whom it has contracted to prosecute these matters.
new text begin (b) new text end In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state
law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided
in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or
home rule charter city where the violation is alleged to have occurred. The statutory or home
rule charter city may enter into an agreement with the county board and the county attorney
to provide prosecution services for any criminal offense. All other petty misdemeanors,
misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the
county in which the alleged violation occurred. All violations of a municipal ordinance,
charter provision, rule, or regulation must be prosecuted by the attorney for the governmental
unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by
the county attorney with whom it has contracted to prosecute these matters.
new text begin
(c) The attorney of a statutory or home rule charter city within the boundaries of Hennepin
or Ramsey County may prosecute a felony violation of state law in cases where:
new text end
new text begin
(1) the violation is alleged to have occurred within the boundaries of the home rule or
charter city;
new text end
new text begin
(2) the county attorney declined to prosecute the violation; and
new text end
new text begin
(3) discovery of the violation occurred during a motor vehicle stop for an equipment
violation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date and to crimes committed before that date
provided the limitations period in Minnesota Statutes, section 628.26, has not expired.
new text end