SF 4623

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:31pm

A bill for an act
relating to public safety; requiring prosecution of offenses punishable by life
imprisonment to proceed by indictment; requiring prosecutions of peace officers
involved in an officer-involved death to proceed by indictment; proposing coding
for new law in Minnesota Statutes, chapter 628.

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

Section 1.

[628.025] INDICTMENT REQUIRED.

(a) An offense punishable by life imprisonment must be prosecuted by indictment. The
prosecutor may initially proceed by a complaint after an arrest without a warrant or as the
basis to issue an arrest warrant. Subsequent procedure must be in accordance with rules 8
and 19 of the Rules of Criminal Procedure.

(b) An offense arising from an officer-involved death must be prosecuted by indictment
if a peace officer is alleged to have committed the offense.

(c) Any other offense defined by state law may be prosecuted by indictment or by a
complaint as provided by rule 2 of the Rules of Criminal Procedure.

(d) As used in this section, the following terms have the meanings given:

(1) "officer-involved death" has the meaning given in section 299C.80, subdivision 1,
paragraph (c); and

(2) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).

EFFECTIVE DATE.

This section is effective August 1, 2024, and applies to offenses
committed on or after that date.