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SF 2679

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/01/2022 09:42am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; amending the criminal statute of limitations for certain
surreptitious intrusion cases; amending Minnesota Statutes 2021 Supplement,
section 628.26.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 628.26, is amended to read:


628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.

(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.

(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2
, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.

(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found
or made and filed in the proper court within five years after the commission of the offense.

new text begin (j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the discovery of any photograph or recording obtained in violation
of section 609.746, subdivision 1, paragraph (b) or (d).
new text end

deleted text begin (j)deleted text endnew text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

deleted text begin (k)deleted text endnew text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

deleted text begin (l)deleted text endnew text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

deleted text begin (m)deleted text endnew text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end