HF 764

as introduced - 94th Legislature (2025 - 2026) Posted on 03/10/2025 04:03pm

A bill for an act
relating to public safety; eliminating the statute of limitations for the crime of arson
in the first degree; amending Minnesota Statutes 2024, section 628.26.

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

Section 1.

Minnesota Statutes 2024, 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) new text begin Indictments or complaints for a violation of section 609.561 may be found or made
at any time after the commission of the offense.
new text end

new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

deleted text begin (h) deleted text end new text begin (i) new text end 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.

deleted text begin (i) deleted text end new text begin (j) new text end Indictments or complaints for violation of sections deleted text begin 609.561 to deleted text end new text begin 609.562 and new text end 609.563,
shall be found or made and filed in the proper court within five years after the commission
of the offense.

deleted text begin (j) deleted text end new text begin (k) new text end 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 offense was reported to law enforcement authorities.

deleted text begin (k) deleted text end new text begin (l) 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 (l) deleted text end new text begin (m) 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 (m) deleted text end new text begin (n) 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 (n) deleted text end new text begin (o) 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, 2025, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2025.
new text end