as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:26pm
A bill for an act
relating to public safety; requiring county attorneys to prosecute certain cases;
establishing a misdemeanor offense; requiring a report; proposing coding for new
law in Minnesota Statutes, chapter 388.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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If a county attorney
or assistant county attorney receives information from a law enforcement agency, witness,
or other credible source that establishes probable cause for instituting a prosecution for a
felony offense, the county attorney or assistant county attorney shall proceed according to
the generally applicable standards regarding the prosecutorial functions and duties of a
county attorney, provided that the county attorney or assistant county attorney is not required
to proceed with the prosecution if the complainant withdraws the allegation.
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(a) A county attorney or assistant county
attorney who refuses or intentionally fails to faithfully prosecute a case as required under
this section is guilty of a misdemeanor and upon conviction shall forfeit office or be
dismissed.
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(b) Willful violation of this section by a county attorney or assistant county attorney
constitutes just cause for suspension without pay or dismissal.
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Every county attorney shall maintain a list of all cases in which the
county attorney or assistant county attorney determined that the generally applicable standards
regarding the prosecutorial functions and duties of a county attorney required the attorney
to decline prosecution despite the existence of probable cause. The list must include the
name of the person suspected of committing a crime and the reason prosecution was declined.
At the close of each month, the county attorney shall forward a report including all cases
added to the list in the previous month to the legislative committees with jurisdiction over
judiciary and public safety finance and policy.
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This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
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