SF 4301
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/14/2026 09:09 a.m.
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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; modifying pretrial release provisions for persons arrested
for suspected domestic abuse; requiring reports; amending Minnesota Statutes
2024, sections 611A.0311, subdivision 1; 629.341, subdivisions 1, 4; 629.72,
subdivisions 1a, 2, 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 protectionnew text begin issued pursuant to section 518B.01;
new text end
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(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
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(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 629.75new 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;
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(2) violation of a harassment restraining order within the meaning of section 609.748,
subdivision 6;
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(3) harassment or stalking within the meaning of section 609.749; and
new text end
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(4) violation of a domestic abuse no contact order within the meaning of section 629.75,
subdivision 2.
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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;
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(2) the location of the incident;
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(3) the crime suspected to have been committed;
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(4) whether the response began as a call for service alleging an act of domestic abuse;
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(5) the perceived gender of the alleged victim and suspect;
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(6) the perceived race of the alleged victim and suspect;
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(7) whether a suspect was arrested at the time of the incident;
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(8) whether a suspect was arrested at a later date and, if so, the time between the incident
and the arrest;
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(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;
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(10) whether the alleged offender possessed, or was reported to possess, a firearm at the
time of the incident;
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(11) whether the case was referred for prosecution;
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(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
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(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
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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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2028.
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Sec. 4.
Minnesota Statutes 2024, section 629.341, subdivision 1, is amended to read:
Subdivision 1.
Arrestnew text begin ; referral for prosecutionnew text end .
new text begin (a) new text end 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
within the preceding deleted text begin 72 hoursdeleted text end new text begin 28 daysnew text end , exclusive of the day probable cause was established,
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.
new text begin
(b) If a peace officer has probable cause to believe that a person has committed any act
that constitutes harassing or stalking any person in violation of section 609.749; domestic
abuse as defined in section 518B.01, subdivision 2; violation of an order for protection as
described in section 518B.01, subdivision 14; or violation of a domestic abuse no contact
order as described in section 629.75 and the person was not arrested, the peace officer should
seek a warrant from a judge for the person's arrest without undue delay. A warrant issued
under this paragraph is not subject to the limitations described in section 629.31.
new text end
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
incidentnew text begin regardless of whether an arrest is madenew 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
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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 An individual who is arrested on a charge of violation of an order for protection
or violation of a domestic abuse no contact order must be detained until the person's first
court appearance as required under sections 518B.01, subdivision 14, paragraph (e), and
629.75, subdivision 3. new text end 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 new text begin for a charge of harassing
or stalking any person or for domestic abuse new text end 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.new text begin In determining
if the person poses a threat to the alleged victim or another family or household member,
the officer in charge of the police station or the county sheriff in charge of the jail must
consider the person's history of domestic violence, including but not limited to:
new text end
new text begin
(1) any previous arrest or conviction for harassing or stalking any person, domestic
abuse, violation of an order for protection, or violation of a domestic abuse no contact order;
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(2) any order for protection, harassment restraining order, or domestic abuse no contact
order in which the person was identified as the subject of the order; and
new text end
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(3) any pending petitions for an order for protection or a harassment restraining order
in which the person is a respondent.
new text end
(c) If the arrested person is not issued a citation by the officer in charge of the police
station or the county sheriff, 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 2, is amended to read:
Subd. 2.
Judicial review; release; bail.
(a) The judge before whom the arrested person
is brought shall review the facts surrounding the arrest and detention of a person arrested
for domestic abuse, harassing or stalking, violation of an order for protection, or violation
of a domestic abuse no contact order. The prosecutor or prosecutor's designee shall present
relevant information involving the victim's or the victim's family's account of the alleged
crime to the judge to be considered in determining the arrested person's release.new text begin If the person
was arrested for violation of an order for protection or violation of a domestic abuse no
contact order, the prosecutor or prosecutor's designee must describe the allegations in the
underlying petition or criminal case. The prosecutor or prosecutor's designee may present
information and bail recommendations in person or by filing it with the court through the
appropriate electronic filing system.new text end In making a decision concerning pretrial release
conditions of a person arrested for domestic abuse, harassing or stalking, violation of an
order for protection, or violation of a domestic abuse no contact order, the judge shall review
the facts of the arrest and detention of the personnew text begin and the relevant information presented or
filed by the prosecutor or prosecutor's designeenew text end and determine whether: (1) release of the
person poses a threat to the alleged victim, another family or household member, or public
safety; or (2) there is a substantial likelihood the person will fail to appear at subsequent
proceedings. Before releasing a person arrested for or charged with a crime of domestic
abuse, harassing or stalking, violation of an order for protection, or violation of a domestic
abuse no contact order, the judge shall make findings on the record, to the extent possible,
concerning the determination made in accordance with the factors specified in clauses (1)
and (2).new text begin The findings should describe whether the person:
new text end
new text begin
(1) was previously arrested for, or convicted of, harassing or stalking any person, domestic
abuse, violation of an order for protection, or violation of a domestic abuse no contact order;
new text end
new text begin
(2) has ever been the subject of an order for protection, harassment restraining order, or
domestic abuse no contact order and, if so, the nature of the allegations or charges that gave
rise to the order; and
new text end
new text begin
(3) is the respondent in any pending petition for an order for protection or harassment
restraining order and, if so, the nature of the allegations in any petition.
new text end
(b) The judge may impose conditions of release or bail, or both, on the person to protect
the alleged victim or other family or household members and to ensure the appearance of
the person at subsequent proceedings. These conditions may include an order:
(1) enjoining the person from threatening to commit or committing acts of domestic
abuse or harassing or stalking against the alleged victim or other family or household
members or from violating an order for protection or a domestic abuse no contact order;
(2) prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise
communicating with the alleged victim, either directly or indirectly;
(3) directing the person to vacate or stay away from the home of the alleged victim and
to stay away from any other location where the alleged victim is likely to be;
(4) prohibiting the person from possessing a firearm or other weapon specified by the
court;
(5) prohibiting the person from possessing or consuming alcohol or controlled substances;
and
(6) specifying any other matter required to protect the safety of the alleged victim and
to ensure the appearance of the person at subsequent proceedings.
(c) If conditions of release are imposed, the judge shall issue a written order for
conditional release. The court administrator shall immediately distribute a copy of the order
for conditional release to the agency having custody of the arrested person and shall provide
the agency having custody of the arrested person with any available information on the
location of the victim in a manner that protects the victim's safety. Either the court or its
designee or the agency having custody of the arrested person shall serve upon the defendant
a copy of the order. Failure to serve the arrested person with a copy of the order for
conditional release does not invalidate the conditions of release.
(d) If the judge imposes as a condition of release a requirement that the person have no
contact with the alleged victim, the judge may also, on its own motion or that of the
prosecutor or on request of the victim, issue an ex parte temporary restraining order under
section 609.748, subdivision 4, or an ex parte temporary order for protection under section
518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph (b), or
609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant
is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant
is entitled to a full hearing on the restraining order under section 609.748, subdivision 5, or
on the order for protection under section 518B.01. The hearing must be held within seven
days of the defendant's request.
Sec. 8.
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, ordeleted 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. 9. 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.
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APPENDIX
Repealed Minnesota Statutes: S4301-1
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.