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HF3946 • 2026
Law enforcement agencies required to report information in domestic abuse cases, arrests for suspected nonfelony domestic abuse authorized, person arrested for suspected domestic abuse required to be held in custody until the person's first court appearance, Task Force on Improving Responses to Domestic Violence Crimes established, annual reports required, and money appropriated.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
The plain English breakdown is still being put together. The official documents below are already here.
Committee report, to adopt as amended and re-refer to Ways and Means
Author added Curran
Author added Frazier
Committee report, to adopt as amended and re-refer to Judiciary Finance and Civil Law
Authors added Berg and Engen
Author added Rehrauer
Introduction and first reading, referred to Public Safety Finance and Policy
Law enforcement agencies required to report information in domestic abuse cases, arrests for suspected nonfelony domestic abuse authorized, person arrested for suspected domestic abuse required to be held in custody until the person's first court appearance, Task Force on Improving Responses to Domestic Violence Crimes established, annual reports required, and money appropriated.
A bill for an act relating to public safety; requiring law enforcement agencies to report certain information in domestic abuse cases; authorizing certain arrests for suspected nonfelony domestic abuse; requiring a person arrested for suspected domestic abuse to be held in custody until the person's first court appearance; establishing the Task Force on Improving Responses to Domestic Violence Crimes; requiring annual reports; appropriating money; amending Minnesota Statutes 2024, sections 611A.0311, subdivision 1; 629.341, subdivisions 1, 4; 629.72, subdivisions 1a, 2; Minnesota Statutes 2025 Supplement, section 299C.80, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2024, section 629.72, subdivision 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2025 Supplement, section 299C.80, subdivision 6, is amended to read: Subd. 6. Reporting. (a) As provided for in chapter 13, the superintendent must make all inactive investigative data for officer-involved death investigations that are public under section 13.82, subdivision 7 , or other applicable law available on the bureau's website within 30 days of the case becoming inactive as defined in section 13.82, subdivision 7 , except any video that does not record, describe, or otherwise document actions and circumstances surrounding the officer-involved death. (b) By February 1 of each year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy the following information about the unit: the number of investigations initiated; new text begin the number of incidents that began with a law enforcement response to a situation involving suspected or alleged domestic abuse, as defined in section 626.5537, subdivision 1; new text end the number of incidents investigated; the outcomes or current status of each investigation; the charging decisions made by the prosecuting authority of incidents investigated by the unit; the number of plea agreements reached in incidents investigated by the unit; and any other information relevant to the unit's mission. (c) Nothing in this subdivision modifies the requirements of chapter 13 or the classification of data. Sec. 2. Minnesota Statutes 2024, section 611A.0311, subdivision 1, is amended to read: Subdivision 1. Definitions. (a) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2 . (b) "Domestic abuse case" means a prosecution for: (1) a crime that involves domestic abuse; (2) violation of a condition of release following an arrest for a crime that involves domestic abuse; deleted text begin or deleted text end (3) violation of a domestic abuse order for protection new text begin issued pursuant to section 518B.01; new text end new text begin (4) violation of a harassment restraining order issued pursuant to section 609.748 committed against a family or household member by a family or household member; new text end new text begin (5) harassment or stalking within the meaning of section 609.749 committed against a family or household member by a family or household member; or new text end new text begin (6) violation of a domestic abuse no contact order issued pursuant to section 629.75 new text end . Sec. 3. new text begin [626.5537] DOMESTIC ABUSE; REPORTING. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2, paragraph (a), and also includes the following, if committed against a family or household member by a family or household member: new text end new text begin (1) violation of an order for protection within the meaning of section 518B.01, subdivision 14; new text end new text begin (2) violation of a harassment restraining order within the meaning of section 609.748, subdivision 6; new text end new text begin (3) harassment or stalking within the meaning of section 609.749; and new text end new text begin (4) violation of a domestic abuse no contact order within the meaning of section 629.75, subdivision 2. new text end new text begin (c) "Family or household member" has the meaning given in section 518B.01, subdivision 2, paragraph (b). new text end new text begin Subd. 2. new text end new text begin Collection of information; reporting. new text end new text begin The head of a local law enforcement agency or state law enforcement department that employs peace officers, as defined in section 626.84, subdivision 1, paragraph (c), must report every incident a peace officer reasonably believes, or a victim alleges, constitutes an act of domestic abuse to the commissioner of public safety by January 15 each year. The superintendent of the Bureau of Criminal Apprehension must adopt a reporting form to be used by law enforcement agencies in making the reports required under this section. The reports must include all of the following for each incident: new text end new text begin (1) the date of the incident; new text end new text begin (2) the location of the incident; new text end new text begin (3) the crime suspected to have been committed; new text end new text begin (4) whether the response began as a call for service alleging an act of domestic abuse; new text end new text begin (5) the perceived gender of the alleged victim and suspect; new text end new text begin (6) the perceived race of the alleged victim and suspect; new text end new text begin (7) whether a suspect was arrested at the time of the incident; new text end new text begin (8) whether a suspect was arrested at a later date and, if so, the time between the incident and the arrest; new text end new text begin (9) whether the alleged victim was arrested at the time of the incident and, if so, any alleged crime that formed the basis for the arrest; new text end new text begin (10) whether the alleged offender possessed, or was reported to possess, a firearm at the time of the incident; new text end new text begin (11) whether the case was referred for prosecution; new text end new text begin (12) whether the determination that the incident constituted an act of domestic abuse was based on an officer's reasonable belief, the victim's allegation, or both; and new text end new text begin (13) any additional information the superintendent deems necessary for the acquisition of accurate and relevant data. new text end new text begin Subd. 3. new text end new text begin Annual report. new text end new text begin The commissioner of public safety must summarize and analyze the information received under subdivision 2 and provide an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety. The annual report may be included in the department's annual uniform crime report. new text end Sec. 4. Minnesota Statutes 2024, section 629.341, subdivision 1, is amended to read: Subdivision 1. Arrest new text begin ; referral for prosecution new text end . new text begin (a) new text end Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding deleted text begin 72 hours deleted text end new text begin 28 days new text end , exclusive of the day probable cause was established, the person has committed nonfelony domestic abuse, as defined in section 518B.01, subdivision 2 . The arrest may be made even though the assault did not take place in the presence of the peace officer. new text begin (b) If a peace officer has probable cause to believe that a person has committed an act that constitutes harassment or stalking in violation of section 609.749; domestic abuse as defined in section 518B.01, subdivision 2; violation of an order for protection as described in section 518B.01, subdivision 14; or violation of a domestic abuse no contact order as described in section 629.75 and the person was not arrested, the peace officer should seek a warrant from a judge for the person's arrest without undue delay. A warrant issued under this paragraph is not subject to the limitations described in section 629.31. new text end Sec. 5. Minnesota Statutes 2024, section 629.341, subdivision 4, is amended to read: Subd. 4. Report required. new text begin (a) new text end Whenever a peace officer investigates an allegation that deleted text begin an incident described in subdivision 1 has occurred, whether or not an arrest is made, deleted text end new text begin a person has committed a qualified domestic violence-related offense and the victim is a family or household member, new text end the officer shall make a written police report of the alleged incident new text begin regardless of whether an arrest is made new text end . The report must contain at least the following information: the name, address and telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a request under section 13.82, subdivision 17 , paragraph (d), and that are private data under that subdivision, shall be private in the report required by this section. A copy of this report must be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney, or organizations designated by the Office of Justice Programs in the Department of Public Safety that are providing services to victims of domestic abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made. new text begin (b) As used in this subdivision: new text end new text begin (1) "qualified domestic violence-related offense" has the meaning given in section 609.02, subdivision 16; and new text end new text begin (2) "family or household member" has the meaning given in section 518B.01, subdivision 2, paragraph (b). new text end Sec. 6. Minnesota Statutes 2024, section 629.72, subdivision 1a, is amended to read: Subd. 1a. Detention in lieu of citation; release. (a) Notwithstanding any other law or rule, an arresting officer may not issue a citation in lieu of arrest and detention to an individual charged with harassing or stalking, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order. (b) Notwithstanding any other law or rule, an individual who is arrested on a charge of harassing or stalking any person, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order, must be brought to the police station or county jail. new text begin An individual who is arrested on a charge of violation of an order for protection or violation of a domestic abuse no contact order must be detained until the person's first court appearance as required under sections 518B.01, subdivision 14, paragraph (e), and 629.75, subdivision 3. new text end The officer in charge of the police station or the county sheriff in charge of the jail shall issue a citation in lieu of continued detention new text begin for a charge of harassing or stalking any person or for domestic abuse new text end unless it reasonably appears to the officer or sheriff that release of the person (1) poses a threat to the alleged victim or another family or household member, (2) poses a threat to public safety, or (3) involves a substantial likelihood the arrested person will fail to appear at subsequent proceedings. new text begin In determining if the person poses a threat to the alleged victim or another family or household member, the officer in charge of the police station or the county sheriff in charge of the jail must consider the person's history of domestic violence, including but not limited to: new text end new text begin (1) any previous arrest or conviction for harassing or stalking any person, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order; new text end new text begin (2) any order for protection, harassment restraining order, or domestic abuse no contact order in which the person was identified as the subject of the order; and new text end new text begin (3) any pending petitions for an order for protection or a harassment restraining order in which the person is a respondent. new text end (c) If the arrested person is not issued a citation by the officer in charge of the police station or the county sheriff, the arrested person must be brought before the nearest available judge of the district court in the county in which the alleged harassing or stalking, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order took place without unnecessary delay as provided by court rule. Sec. 7. Minnesota Statutes 2024, section 629.72, subdivision 2, is amended to read: Subd. 2. Judicial review; release; bail. (a) The judge before whom the arrested person is brought shall review the facts surrounding the arrest and detention of a person arrested for domestic abuse, harassing or stalking, violation of an order for protection, or violation of a domestic abuse no contact order. The prosecutor or prosecutor's designee shall present relevant information involving the victim's or the victim's family's account of the alleged crime to the judge to be considered in determining the arrested person's release. new text begin If the person was arrested for violation of an order for protection or violation of a domestic abuse no contact order, the prosecutor or prosecutor's designee must describe the allegations in the underlying petition or criminal case. The prosecutor or prosecutor's designee may present information and bail recommendations in person or by filing it with the court through the appropriate electronic filing system. new text end In making a decision concerning pretrial release conditions of a person arrested for domestic abuse, harassing or stalking, violation of an order for protection, or violation of a domestic abuse no contact order, the judge shall review the facts of the arrest and detention of the person new text begin and the relevant information presented or filed by the prosecutor or prosecutor's designee new text end and determine whether: (1) release of the person poses a threat to the alleged victim, another family or household member, or public safety; or (2) there is a substantial likelihood the person will fail to appear at subsequent proceedings. Before releasing a person arrested for or charged with a crime of domestic abuse, harassing or stalking, violation of an order for protection, or violation of a domestic abuse no contact order, the judge shall make findings on the record, to the extent possible, concerning the determination made in accordance with the factors specified in clauses (1) and (2). new text begin The findings should describe whether the person: new text end new text begin (1) was previously arrested for, or convicted of, harassing or stalking any person, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order; new text end new text begin (2) has ever been the subject of an order for protection, harassment restraining order, or domestic abuse no contact order and, if so, the nature of the allegations or charges that gave rise to the order; and new text end new text begin (3) is the respondent in any pending petition for an order for protection or harassment restraining order and, if so, the nature of the allegations in any petition. new text end (b) The judge may impose conditions of release or bail, or both, on the person to protect the alleged victim or other family or household members and to ensure the appearance of the person at subsequent proceedings. These conditions may include an order: (1) enjoining the person from threatening to commit or committing acts of domestic abuse or harassing or stalking against the alleged victim or other family or household members or from violating an order for protection or a domestic abuse no contact order; (2) prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly; (3) directing the person to vacate or stay away from the home of the alleged victim and to stay away from any other location where the alleged victim is likely to be; (4) prohibiting the person from possessing a firearm or other weapon specified by the court; (5) prohibiting the person from possessing or consuming alcohol or controlled substances; and (6) specifying any other matter required to protect the safety of the alleged victim and to ensure the appearance of the person at subsequent proceedings. (c) If conditions of release are imposed, the judge shall issue a written order for conditional release. The court administrator shall immediately distribute a copy of the order for conditional release to the agency having custody of the arrested person and shall provide the agency having custody of the arrested person with any available information on the location of the victim in a manner that protects the victim's safety. Either the court or its designee or the agency having custody of the arrested person shall serve upon the defendant a copy of the order. Failure to serve the arrested person with a copy of the order for conditional release does not invalidate the conditions of release. (d) If the judge imposes as a condition of release a requirement that the person have no contact with the alleged victim, the judge may also, on its own motion or that of the prosecutor or on request of the victim, issue an ex parte temporary restraining order under section 609.748, subdivision 4 , or an ex parte temporary order for protection under section 518B.01, subdivision 7 . Notwithstanding section 518B.01, subdivision 7 , paragraph (b), or 609.748, subdivision 4 , paragraph (c), the temporary order is effective until the defendant is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant is entitled to a full hearing on the restraining order under section 609.748, subdivision 5 , or on the order for protection under section 518B.01 . The hearing must be held within seven days of the defendant's request. Sec. 8. new text begin TASK FORCE ON IMPROVING RESPONSES TO DOMESTIC VIOLENCE CRIMES. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The Task Force on Improving Responses to Domestic Violence Crimes is established to review law enforcement, prosecutorial, and community responses to domestic violence crimes and make policy and funding recommendations to the legislature to improve those responses and increase public safety. new text end new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) The commissioner of public safety must invite individuals with lived domestic violence experience and representatives from city and county prosecuting agencies, Violence Free Minnesota, Mending the Sacred Hoop, other statewide crime victim coalitions, organizations that advocate for or provide direct services to victims of domestic violence, organizations that provide domestic abuse transformation programming, the Minnesota judicial branch, the Minnesota Board of Public Defense, the Minnesota Association of Criminal Defense Lawyers, the Department of Health, the Department of Public Safety, the Office of Justice Programs, the Office for Missing and Murdered Indigenous Relatives, the Office for Missing and Murdered Black Women and Girls, local law enforcement agencies, Tribal governments, and other interested parties to participate in the task force. new text end new text begin (b) The commissioner must ensure that the membership of the task force is balanced among the various representatives, reflects a broad spectrum of viewpoints, reflects the geographic diversity of the state, and is inclusive of marginalized communities as well as victim and survivor voices. new text end new text begin (c) Members serve at the pleasure of the commissioner of public safety or until the task force expires. The commissioner may fill vacancies consistent with the qualifications of the vacating member invited to participate in the task force. new text end new text begin (d) Members of the task force serve without compensation. new text end new text begin Subd. 3. new text end new text begin Officers; meetings. new text end new text begin (a) The commissioner of public safety or the commissioner's designee must convene the first meeting of the task force by September 1, 2026. new text end new text begin (b) At the first meeting, the members of the task force must elect a chair and may elect other officers as the members deem necessary. new text end new text begin (c) The task force must meet monthly or as determined by the chair. The task force must meet frequently enough to accomplish the tasks identified in this section. new text end new text begin (d) Meetings of the task force are subject to Minnesota Statutes, chapter 13D. new text end new text begin Subd. 4. new text end new text begin Duties. new text end new text begin (a) The task force must review current practices related to cases of domestic violence and recommend policies, training, statutory changes, and funding to make investigations more effective, support and protect victims, improve prosecutions, and increase awareness of issues connected to domestic violence throughout the criminal justice system. new text end new text begin (b) The task force's first responsibility must be to develop a model policy on the use of lethality assessments by peace officers and recommend training for peace officers, law enforcement agencies, and others regarding the use of lethality assessments. The model policy must require peace officers interviewing a victim of domestic abuse to assess the potential danger to the victim and recommend specific actions for peace officers to take if the results of the assessment indicate the victim is in need of immediate protection or services. The model policy may include a lethality assessment form for use by peace officers. new text end new text begin (c) At a minimum, the task force must: new text end new text begin (1) review current training related to domestic violence cases that is provided to 911 telecommunicators, peace officers, prosecuting attorneys, and judges; new text end new text begin (2) develop updated training guidelines and establish recommendations for regular review of those guidelines; new text end new text begin (3) review current practices for interviewing victims of domestic violence, children who are victims or witnesses of domestic violence, and other witnesses; new text end new text begin (4) make recommendations for improved interviewing practices, including policies for following up on interviews and providing protection and support for witnesses; new text end new text begin (5) identify barriers victims of domestic violence encounter when reporting incidents of domestic violence, participating in an investigation or prosecution, and accessing services; new text end new text begin (6) recommend standard policies and practices to reduce the barriers victims of domestic violence encounter; new text end new text begin (7) identify crimes that frequently occur in conjunction with incidents of domestic violence, such as property damage and theft, and make recommendations regarding investigating, documenting, and prosecuting those offenses; new text end new text begin (8) identify conditions, such as traumatic brain injuries, that frequently result from repeated incidents of domestic violence and recommend policies and procedures for working with victims and witnesses who may be suffering from those conditions; new text end new text begin (9) make recommendations for public awareness campaigns to improve the ability of the general public to identify signs of domestic violence and properly report observations; new text end new text begin (10) review practices in Minnesota and other jurisdictions regarding the use of specialty courts or dedicated calendars to address cases involving domestic violence and family law to determine if dedicated courts improve outcomes for victims, reduce recidivism, increase consistency, or have any other benefits; new text end new text begin (11) review current practices related to the involvement of victim advocates; new text end new text begin (12) make recommendations for best practices related to supporting victims of domestic violence through the use of victim advocates, including identifying the appropriate scope of services, recommending the point of initial engagement, suggesting the appropriate frequency of contacts, and other recommendations related to improving the quality and consistency of contacts; new text end new text begin (13) review prosecutorial policies adopted under Minnesota Statutes, section 611A.0311, and make recommendations for updates to those policies; new text end new text begin (14) identify appropriate data prosecutors should collect and report related to cases involving domestic violence to ensure consistency and transparency in the prosecution of cases involving domestic violence and the appropriate protection and support of victims and witnesses; new text end new text begin (15) review existing data to assess the regularity of cases in which multiple parties are arrested following an incident of domestic violence and make recommendations related to whether arrests should be limited to the predominant aggressor; and new text end new text begin (16) evaluate public health policies to encourage the prevention of domestic violence. new text end new text begin (d) The task force may consider additional information, request presentations or contributions from any other organization or person, and consider other issues consistent with the purpose of the task force. new text end new text begin Subd. 5. new text end new text begin Reports. new text end new text begin (a) By January 15, 2027, the task force must submit a preliminary report to the chairs, cochairs, and ranking minority members of the legislative committees with jurisdiction over public safety that includes the model policy and recommendations for the training described in subdivision 4, paragraph (b). new text end new text begin (b) By January 15, 2028, the task force must submit a final report to the chairs, cochairs, and ranking minority members of the legislative committees with jurisdiction over public safety on the work of the task force, including any recommendations for legislation or funding. new text end new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin The task force expires the day after submitting its final report under subdivision 5. new text end Sec. 9. new text begin TASK FORCE ON IMPROVING RESPONSES TO DOMESTIC VIOLENCE CRIMES; APPROPRIATION. new text end new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general fund to the commissioner of public safety to provide support for the Task Force on Improving Responses to Domestic Violence Crimes. The base for this appropriation is $0 beginning in fiscal year 2028. new text end Sec. 10. new text begin REPEALER. new text end new text begin Minnesota Statutes 2024, section 629.72, subdivision 3, new text end new text begin is repealed. new text end APPENDIX Repealed Minnesota Statutes: H3946-2 629.72 BAIL; DOMESTIC ABUSE; HARASSMENT; VIOLATION OF ORDER FOR PROTECTION; OR NO CONTACT ORDER. Subd. 3. Release. If the arrested person is not issued a citation by the officer in charge of the police station or the county sheriff pursuant to subdivision 1, and is not brought before a judge within the time limits prescribed by court rule, the arrested person shall be released by the arresting authorities, and a citation must be issued in lieu of continued detention.