Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 90-H.F.No. 893 
           An act relating to local government; specifying the 
          prosecuting attorney for certain offenses; amending 
          Minnesota Statutes 1992, section 487.25, subdivision 
          10. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 487.25, 
subdivision 10, is amended to read: 
    Subd. 10.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided by law, violations of state law that are petty 
misdemeanors or misdemeanors must be prosecuted by the attorney 
of the statutory or home rule charter city where the violation 
is alleged to have occurred, if the city has a population 
greater than 500.  If a city has a population of 500 or less, it 
may, by resolution of the city council, and with the approval of 
the board of county commissioners, give the duty to the county 
attorney.  In cities of the first, second, and third class, 
gross misdemeanor violations of sections 609.52, 609.535, 
609.595, 609.631, and 609.821 must be prosecuted by the attorney 
of the city where the violation is alleged to have occurred.  
The statutory or home rule charter city may enter into an 
agreement with the county board and the county attorney to 
provide prosecution services for any criminal offense.  All 
other petty misdemeanors, misdemeanors, and gross misdemeanors 
must be prosecuted by the county attorney of the county in which 
the alleged violation occurred.  All violations of a municipal 
ordinance, charter provision, rule, or regulation must be 
prosecuted by the attorney for the governmental unit that 
promulgated the municipal ordinance, charter provision, rule, or 
regulation, regardless of its population, or by the county 
attorney with whom it has contracted to prosecute these matters. 
    In the counties of Anoka, Carver, Dakota, Scott, and 
Washington, violations of state law that are petty misdemeanors, 
misdemeanors, or gross misdemeanors except as provided in 
section 388.051, subdivision 2, must be prosecuted by the 
attorney of the statutory or home rule charter city where the 
violation is alleged to have occurred.  The statutory or home 
rule charter city may enter into an agreement with the county 
board and the county attorney to provide prosecution services 
for any criminal offense.  All other petty misdemeanors, 
misdemeanors, or gross misdemeanors must be prosecuted by the 
county attorney of the county in which the alleged violation 
occurred.  All violations of a municipal ordinance, charter 
provision, rule, or regulation must be prosecuted by the 
attorney for the governmental unit that promulgated the 
municipal ordinance, charter provision, rule, or regulation or 
by the county attorney with whom it has contracted to prosecute 
these matters. 
    Presented to the governor May 3, 1993 
    Signed by the governor May 5, 1993, 6:17 p.m.