Identity theft crime; definitions modified and added, attorney general and county attorneys provided with additional subpoena authority, and statutes of limitation altered for fraud-related offenses.

A bill for an act

relating to public safety; modifying and adding definitions for purposes of identity

theft crime; providing the attorney general and county attorneys with additional

subpoena authority; altering statutes of limitation for certain fraud-related offenses;

amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 609.527,

subdivision 1; Minnesota Statutes 2025 Supplement, sections 388.23, subdivision

1; 628.26.

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

Section 1.

Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:

Subdivision 1.

Authority.

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(a)
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The attorney general, or any deputy, assistant, or special

assistant attorney general whom the attorney general authorizes in writing, has the authority

in any county of the state to subpoena and require the production of
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:
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(1)
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any records of
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:
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(i)
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telephone companies, cellular phone companies, paging companies, subscribers of

private computer networks including Internet service providers or computer bulletin board

systems
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,
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;
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(ii)
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electric companies, gas companies,
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and
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water utilities
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,
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;
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(iii)
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chemical suppliers
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,
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;
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(iv)
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hotels and motels
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,
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;
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(v)
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pawn shops
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,
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;
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(vi)
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airlines, buses, taxis, and other entities engaged in the business of transporting

people
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,
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;
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and

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(vii)
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freight companies, self-service storage facilities, warehousing companies, package

delivery companies, and other entities engaged in the businesses of transport, storage, or

delivery
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,
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;
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(2) books, papers, correspondence, memoranda, agreements, and other documents or

records related to a law enforcement investigation where there is probable cause to believe

a crime has been committed involving a financial crime or fraud, including but not limited

to fraud involving state-funded or administered programs or services as defined in section

299C.061, subdivision 1, paragraph (b), and insurance fraud in violation of section 609.611;
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and

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(3)
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records of the existence of safe deposit box account numbers and customer savings

and checking account numbers maintained by financial institutions and safe deposit

companies.

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(b)
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Subpoenas may only be issued for records that are relevant to an ongoing legitimate

law enforcement investigation.

Sec. 2.

Minnesota Statutes 2025 Supplement, section 388.23, subdivision 1, is amended

to read:

Subdivision 1.

Authority.

(a) The county attorney, or any deputy or assistant county

attorney whom the county attorney authorizes in writing, has the authority to subpoena and

require the production of:

(1) any records of:

(i) telephone companies, cellular phone companies, paging companies, and subscribers

of private computer networks including Internet service providers or computer bulletin

board systems;

(ii) electric companies, gas companies, and water utilities;

(iii) chemical suppliers;

(iv) hotels and motels;

(v) pawn shops;

(vi) airlines, buses, taxis, and other entities engaged in the business of transporting

people; and

(vii) freight companies, warehousing companies, self-service storage facilities, package

delivery companies, and other entities engaged in the businesses of transport, storage, or

delivery;

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(2) books, papers, correspondence, memoranda, agreements, and other documents or

records related to a law enforcement investigation of financial crimes and fraud, including

but not limited to fraud involving state-funded or administered programs or services as

defined in section 299C.061, subdivision 1, paragraph (b), and insurance fraud in violation

of section 609.611;

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(2)
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(3)
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records of the existence of safe deposit box account numbers and customer savings

and checking account numbers maintained by financial institutions and safe deposit

companies;

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(3)
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(4)
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insurance records relating to the monetary payment or settlement of claims;

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(4)
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(5)
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the banking, credit card, and financial records of a subject of an identity theft

investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a

third party, including but not limited to safe deposit, loan and account applications and

agreements, signature cards, statements, checks, transfers, account authorizations, safe

deposit access records and documentation of fraud;

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(5)
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(6)
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wage and employment records of an applicant or recipient of public assistance

who is the subject of a welfare fraud investigation relating to eligibility information for

public assistance programs; and

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(6)
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(7)
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any of the following records of an employer or business entity who is the subject

of or has information related to a wage theft investigation:

(i) accounting and financial records such as books, registers, payrolls, banking records,

credit card records, securities records, and records of money transfers;

(ii) records required to be kept pursuant to section
177.30
, paragraph (a); and

(iii) other records that in any way relate to wages or other income paid, hours worked,

and other conditions of employment of any employee or of work performed by persons

identified as independent contractors, and records of any payments to contractors, and

records of workers' compensation insurance.

(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate

law enforcement investigation. Administrative subpoenas may only be issued in wage theft,

welfare fraud,
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and
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identity theft cases
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, and cases related to a law enforcement investigation

of financial crimes and fraud
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if there is probable cause to believe a crime has been committed.

(c) This subdivision applies only to the records of business entities and does not extend

to private individuals or their dwellings.

(d) As used in this subdivision, "business entity" has the meaning given in section

308B.005
.

Sec. 3.

Minnesota Statutes 2024, section 609.527, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the

meanings given them in this subdivision.

(b) "Direct victim" means any person or entity described in section
611A.01, paragraph

(b)
, whose identity has been transferred, used, or possessed in violation of this section.

(c) "False pretense" means any false, fictitious, misleading, or fraudulent information

or pretense or pretext depicting or including or deceptively similar to the name, logo, website

address, email address, postal address, telephone number, or any other identifying information

of a for-profit or not-for-profit business or organization or of a government agency, to which

the user has no legitimate claim of right.

(d) "Financial institution" has the meaning given in section
13A.01, subdivision 2
.

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(e) "Forged digital likeness" means any video recording, motion-picture film, sound

recording, electronic image, or photograph, or any technological representation of speech

or conduct substantially derivative thereof that:

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(1) was created, adapted, altered, or modified in a manner that was substantially dependent

upon technical means;

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(2) misrepresents the appearance, speech, or conduct of the individual; and

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(3) is so realistic that a reasonable person would believe it depicts the image or speech

of an actual individual.

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(e)
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(f)
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"Identity" means any name,
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voice or likeness,
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number, or data transmission that

may be used, alone or in conjunction with any other information, to identify a specific

individual or entity, including any of the following:

(1) a name, Social Security number, date of birth, official government-issued driver's

license or identification number, government passport number, or employer or taxpayer

identification number;

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(2) a forged digital likeness;

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(2)
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(3) a
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unique electronic identification number, address, account number, or routing

code; or

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(3)
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(4) a
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telecommunication identification information or access device.

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(f)
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(g)
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"Indirect victim" means any person or entity described in section
611A.01,

paragraph (b)
, other than a direct victim.

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(g)
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(h)
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"Loss" means value obtained, as defined in section
609.52, subdivision 1
, clause

(3), and expenses incurred by a direct or indirect victim as a result of a violation of this

section.

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(h)
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(i)
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"Unlawful activity" means:

(1) any felony violation of the laws of this state or any felony violation of a similar law

of another state or the United States; and

(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,

forgery, fraud, or giving false information to a public official, or any nonfelony violation

of a similar law of another state or the United States.

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(i)
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(j)
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"Scanning device" means a scanner, reader, or any other electronic device that is

used to access, read, scan, obtain, memorize, or store, temporarily or permanently,

information encoded on a computer chip or magnetic strip or stripe of a payment card,

driver's license, or state-issued identification card.

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(j)
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(k)
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"Reencoder" means an electronic device that places encoded information from

the computer chip or magnetic strip or stripe of a payment card, driver's license, or

state-issued identification card, onto the computer chip or magnetic strip or stripe of a

different payment card, driver's license, or state-issued identification card, or any electronic

medium that allows an authorized transaction to occur.

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(k)
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(l)
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"Payment card" means a credit card, charge card, debit card, or any other card

that:

(1) is issued to an authorized card user; and

(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or

anything of value.

Sec. 4.

Minnesota Statutes 2025 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 a violation of section
609.561
shall be found or made

and filed in the proper court within ten years after the commission of the offense.

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(g) Indictments or complaints for violation of chapter 80A, or a rule adopted or order

issued under that chapter, made as provided in section 80A.75 or for violation of section

508.80; 609.465; 609.52, subdivision 2, paragraph (a), clause (4); 609.53; or 609.645 shall

be found or made and filed in the proper court within seven years after the commission of

the offense.

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(g)
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(h)
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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.

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(h)
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(i)
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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.

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(i)
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(j)
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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.

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(j)
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(k)
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Indictments or complaints for violation of sections
609.562
and
609.563
, shall be

found or made and filed in the proper court within five years after the commission of the

offense.

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(k)
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(l)
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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.

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(l)
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(m)
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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.

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(m)
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(n)
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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.

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(n)
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(o)
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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.

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(o)
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(p)
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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.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, 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, 2026.

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