Safe at Home program; protections, remedies, and various provisions provided and modified; and criminal penalties established.

A bill for an act

relating to public safety; providing protections, remedies, and modifying various

provisions of the Safe at Home program; establishing criminal penalties; amending

Minnesota Statutes 2024, sections 5B.02; 5B.03, subdivision 1; 5B.11; 5B.13;

171.01, subdivision 45d; 171.0605, subdivision 5; 480.30, subdivision 1; Minnesota

Statutes 2025 Supplement, section 43A.36, subdivision 1; proposing coding for

new law in Minnesota Statutes, chapter 5B.

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

Section 1.

Minnesota Statutes 2024, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the

definitions in this section have the meanings given
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them
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.

(b) "Address" means an individual's work address, school address, or residential street

address, as specified on the individual's application to be a program participant under this

chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible

minor,
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an emancipated minor,
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or a guardian acting on behalf of an incapacitated person, as

defined in section 524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2,

paragraph (a), and includes a threat of such acts committed against an individual in a domestic

situation, regardless of whether these acts or threats have been reported to law enforcement

officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in

section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a

victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible

person fears for the person's safety, the safety of another person who resides in the same

household, or the safety of persons on whose behalf the application is made. In order to be

an eligible person, an individual must reside in Minnesota or must certify that the individual

intends to reside in Minnesota within 60 days. A person registered or required to register

as a predatory offender under section
243.166
or
243.167
, or the law of another jurisdiction,

is not an eligible person.

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(f) "Guardian acting on behalf of an eligible minor" means an adult who has legal custody

of a child pursuant to section 260C.325 or 260C.515, or another custody arrangement that

is approved by a court and that cannot be terminated without a court order.

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(f)
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(g)
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"Mail" means first class letters and flats delivered via the United States Postal

Service, including priority, express, and certified mail, and excluding (1) periodicals and

catalogues, and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated

pharmaceuticals or clearly indicate that they are sent by the federal government or a state

or county government agency of the continental United States, Hawaii, District of Columbia,

or United States territories.

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(g)
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(h)
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"Program participant" means an individual certified as a program participant

under section
5B.03
.

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(h)
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(i)
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"Harassment" or "stalking" means acts criminalized under section 609.749 and

includes a threat of such acts committed against an individual, regardless of whether these

acts or threats have been reported to law enforcement officers.

Sec. 2.

Minnesota Statutes 2024, section 5B.03, subdivision 1, is amended to read:

Subdivision 1.

Application.

The secretary of state shall certify an eligible person as a

program participant when the secretary receives an application that must contain:

(1) the full legal name and date of birth of the eligible person;

(2) a statement by the applicant that the applicant has good reason to believe (i) that the

eligible person listed on the application is a victim of domestic violence, sexual assault, or

harassment or stalking, or (ii) that the eligible person fears for the person's safety, the safety

of another person who resides in the same household, or the safety of persons on whose

behalf the application is made, and (iii) that the eligible person is not applying for certification

as a program participant in order to avoid prosecution for a crime;

(3) a designation of the secretary of state as agent for purposes of service of process and

for the purpose of receipt of mail;

(4) the
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phone
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telephone
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number or numbers where the applicant or eligible person can

be called by the secretary of state;

(5) the physical residential address of the eligible person, disclosure of which will increase

the risk of domestic violence, sexual assault, or harassment or stalking;

(6) if mail cannot be delivered to the residential address of the eligible person, the address

to which mail should be sent;

(7) a statement whether the eligible person would like information on becoming an

ongoing absentee ballot recipient pursuant to section 5B.06;

(8) a statement from the eligible person that gives the secretary of state consent to confirm

the eligible person's participation in Safe at Home to a third party who provides the program

participant's first and last name and date of birth or Safe at Home lot number listed on the

program participant's card;

(9) the signature of the applicant, an indicator of the applicant's authority to act on behalf

of the eligible person, if appropriate, the name and signature of any individual or

representative of any person who assisted in the preparation of the application, and the date

on which the application was signed;
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and
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(10) if the applicant is a guardian acting on behalf of an eligible minor or incapacitated

person, the court order establishing the applicant's guardianship or legal custody of the

eligible minor or incapacitated person; and

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(10)
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(11)
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any other information as required by the secretary of state.

Sec. 3.

Minnesota Statutes 2024, section 5B.11, is amended to read:

5B.11 LEGAL PROCEEDINGS; PROTECTIVE ORDER.

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(a)
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If a program participant's address is protected under section
5B.05
, no person or

entity shall be compelled to disclose the participant's actual address during the discovery

phase of or during a proceeding before a court or other tribunal unless the court or tribunal

finds that:

(1) there is a reasonable belief that the address is needed to obtain information or evidence

without which the investigation, prosecution, or litigation cannot proceed; and

(2) there is no other practicable way of obtaining the information or evidence.

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(b)
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The court must provide the program participant with notice that address disclosure

is sought and an opportunity to present evidence regarding the potential harm to the safety

of the program participant if the address is disclosed. In determining whether to compel

disclosure, the court must
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consider whether
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find that
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the potential harm to the safety of the

participant is outweighed by the interest in disclosure. In a criminal proceeding, the court

must order disclosure of a program participant's address if protecting the address would

violate a defendant's constitutional right to confront a witness.

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(c)
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Disclosure of a participant's actual address under this section shall be limited under

the terms of the order to ensure that the disclosure and dissemination of the actual address

will be no wider than necessary for the purposes of the investigation, prosecution, or

litigation.

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(d) Before a court or tribunal directs a participant to disclose the participant's address

or any portion of the address, the court or tribunal must issue a written order that makes

findings addressing the factors in paragraphs (a), (b), and (c). The court or tribunal must

serve the order on the secretary of state. The secretary of state has standing to request

reconsideration of an order or intervene in a proceeding involving potential disclosure of a

program participant's address. An order regarding disclosure of a program participant's

address cannot be enforced until at least 30 days after the order is served on the secretary

of state. A court may waive the requirements of this paragraph if the court finds in writing

that these requirements would violate a defendant's constitutional right to a speedy trial.

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(e)
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Nothing in this section prevents the court or other tribunal from issuing a protective

order to prevent disclosure of information other than the participant's actual address that

could reasonably lead to the discovery of the program participant's location.

Sec. 4.

Minnesota Statutes 2024, section 5B.13, is amended to read:

5B.13 CRIMINAL PENALTY.

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(a)
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When the performance of any act is prohibited under this chapter
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as of February 1,

2015
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, but no criminal or civil penalty is provided, the commission of the act is a

misdemeanor.

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(b) If a person's performance of an act prohibited by this chapter causes bodily harm as

defined in section 609.02, subdivision 7, the person is guilty of a gross misdemeanor.

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Sec. 5.

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[5B.14] NONDISCRIMINATION.

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Subdivision 1.

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Prohibition of discrimination.

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A person or entity must not, on the basis

of an individual's status as a program participant where a reasonable person, considering

all the circumstances, would conclude that the refusal, different terms or requirements, or

other action was motivated by the individual's status as a program participant rather than

by a legitimate, nondiscriminatory business purpose, safety or operational concern, or a

requirement of federal or state law:

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(1) refuse to provide services to an individual, including housing, banking, education,

or any other services;

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(2) provide services to an individual on different terms or with different requirements

than an individual who is not a program participant; or

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(3) otherwise discriminate against an individual.

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Subd. 2.

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Remedies.

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In addition to any other remedies available, an individual who has

been subjected to discrimination in violation of this section may initiate a civil action in a

court of competent jurisdiction to enjoin violations of this section. It is an affirmative defense

to any action brought under this subdivision that the challenged action was taken: (1) in

good-faith compliance with any applicable federal or state statute, regulation, or rule; or

(2) for any other legitimate, nondiscriminatory reason that would apply equally to an

individual who is not a program participant.

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Sec. 6.

Minnesota Statutes 2025 Supplement, section 43A.36, subdivision 1, is amended

to read:

Subdivision 1.

Cooperation; state agencies.

(a) The commissioner may delegate

administrative functions associated with the duties of the commissioner to appointing

authorities who have the capability to perform such functions when the commissioner

determines that it is in the best interests of the state civil service. The commissioner shall

consult with agencies and agencies shall cooperate as appropriate in implementation of this

chapter.

(b) The commissioner, in conjunction with appointing authorities, shall analyze and

assess current and future human resource requirements of the civil service and coordinate

personnel actions throughout the civil service to meet the requirements. The commissioner

shall provide recruiting assistance and make the applicant database available to appointing

authorities to use in making appointments to positions in the unclassified service.

(c) The head of each agency in the executive branch shall designate an agency personnel

officer. The agency personnel officer shall be accountable to the agency head for all personnel

functions prescribed by laws, rules, collective bargaining agreements, the commissioner

and the agency head. Except when otherwise prescribed by the agency head in a specific

instance, the personnel officer shall be assumed to be the authority accountable to the agency

head over any other officer or employee in the agency for personnel functions.

(d) The head of each agency in the executive branch shall designate an affirmative action

officer who shall have primary responsibility for the administration of the agency's

affirmative action plan. The officer shall report directly to the head of the agency on

affirmative action matters.

(e) Pursuant to section
43A.431
, the head of each agency in the executive branch shall

designate an ADA coordinator who shall have primary responsibility for the administration

of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall

report directly to the agency head.

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(f) The head of each agency in the executive branch must designate a Safe at Home

coordinator who shall serve as the initial contact for staff of the Safe at Home program

under chapter 5B. The coordinator is the designated employee of the government entity

who must respond to inquiries from Safe at Home program staff regarding program

participants, maintain knowledge of program requirements and procedures, communicate

with entity staff and leadership about the entity's obligations under the Safe at Home program,

and respond to inquiries from program participants regarding the entity's treatment of data

protected under the Safe at Home program. This designation must occur by August 1, 2026.

If a Safe at Home coordinator is not designated, the agency head shall serve as the

coordinator.

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Sec. 7.

Minnesota Statutes 2024, section 171.01, subdivision 45d, is amended to read:

Subd. 45d.

Residence address and permanent mailing address.

"Residence address"

and "permanent mailing address" mean, for purposes of a driver's license or Minnesota

identification card
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,
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:
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(1)
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the postal address of the permanent domicile within this state where an individual:

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(1)
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(i)
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resides;

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(2)
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(ii)
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intends to reside within 30 calendar days after the date of application; or

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(3)
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(iii)
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intends to return whenever absent
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.
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; or
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(2) for a participant in the Safe at Home address confidentiality program administered

by the secretary of state, the designated address under section 5B.05 that is listed on the

participant's current and unexpired program participation card.

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Sec. 8.

Minnesota Statutes 2024, section 171.0605, subdivision 5, is amended to read:

Subd. 5.

Evidence; residence in Minnesota.

(a) Submission of two forms of

documentation from the following is satisfactory evidence of an applicant's principal

residence address in Minnesota under section
171.06, subdivision 3
, paragraph (b):

(1) a home utility services bill issued no more than 12 months before the application;

(2) a home utility services hook-up work order issued no more than 12 months before

the application;

(3) United States bank or financial information issued no more than 12 months before

the application, with account numbers redacted, including:

(i) a bank account statement;

(ii) a credit card or debit card statement;

(iii) a brokerage account statement;

(iv) a money market account statement;

(v) a Health Savings Account statement; or

(vi) a retirement account statement;

(4) a certified transcript from a United States high school, if issued no more than 180

days before the application;

(5) a certified transcript from a Minnesota college or university, if issued no more than

180 days before the application;

(6) a student summary report from a United States high school signed by a school

principal or designated authority and issued no more than 180 days before the application;

(7) an employment pay stub issued no more than 12 months before the application that

lists the employer's name and address;

(8) a Minnesota unemployment insurance benefit statement issued no more than 12

months before the application;

(9) a statement from an assisted living facility licensed under chapter 144G, nursing

home licensed under chapter 144A, or a boarding care facility licensed under sections
144.50

to
144.56
, that was issued no more than 12 months before the application;

(10) a current policy or card for health, automobile, homeowner's, or renter's insurance;

(11) a federal or state income tax return for the most recent tax filing year;

(12) a Minnesota property tax statement for the current or prior calendar year or a

proposed Minnesota property tax notice for the current year that shows the applicant's

principal residential address both on the mailing portion and the portion stating what property

is being taxed;

(13) a Minnesota vehicle certificate of title;

(14) a filed property deed or title for current residence;

(15) a Supplemental Security Income award statement issued no more than 12 months

before the application;

(16) mortgage documents for the applicant's principal residence;

(17) a residential lease agreement for the applicant's principal residence issued no more

than 12 months before the application;

(18) an affidavit of residence for an applicant whose principal residence is a group home,

communal living arrangement, cooperative, or a religious order issued no more than 90

days before the application;

(19) an assisted living or nursing home statement issued no more than 90 days before

the application;

(20) a valid driver's license, including an instruction permit, issued under this chapter;

(21) a valid Minnesota identification card;

(22) an unexpired Minnesota professional license;

(23) an unexpired Selective Service card;

(24) military orders that are still in effect at the time of application;

(25) a cellular phone bill issued no more than 12 months before the application;
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or
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(26) a valid license issued pursuant to the game and fish laws
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.
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; or
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(27) an unexpired Safe at Home card, as defined by Minnesota Rules, part 8290.0100,

subpart 19. A participant may not use a card with a "temporary" designation on the card for

this purpose.

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(b) In lieu of one of the two documents required by paragraph (a), an applicant under

the age of 18 may use a parent or guardian's proof of principal residence as provided in this

paragraph. The parent or guardian of the applicant must provide a document listed under

paragraph (a) that includes the parent or guardian's name and the same address as the address

on the document provided by the applicant. The parent or guardian must also certify that

the applicant is the child of the parent or guardian and lives at that address.

(c) A document under paragraph (a) must include the applicant's name and principal

residence address in Minnesota.

(d) For purposes of this subdivision, Internet service and cable service are utilities.

Sec. 9.

Minnesota Statutes 2024, section 480.30, subdivision 1, is amended to read:

Subdivision 1.

Child abuse; domestic abuse; harassment.

The supreme court's judicial

education program must include ongoing training for district court judges on child and

adolescent sexual abuse, domestic abuse, harassment, stalking, and related civil and criminal

court issues. The program must include the following:

(1) information about the specific needs of victims;

(2) education on the causes of sexual abuse and family violence;

(3) education on culturally responsive approaches to serving victims;

(4) education on the impacts of domestic abuse and domestic abuse allegations on

children and the importance of considering these impacts when making parenting time and

child custody decisions under chapter 518;
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and
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(5) information on alleged and substantiated reports of domestic abuse, including
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,
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but

not limited to
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,
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Department of Human Services survey data
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.
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; and
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(6) information on the Safe at Home program under chapter 5B, including information

on legal proceedings subject to section 5B.11.

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The program also must emphasize the need for the coordination of court and legal victim

advocacy services and include education on sexual abuse and domestic abuse programs and

policies within law enforcement agencies and prosecuting authorities as well as the court

system.