Certain actions by public officers and employees clarified to constitute misconduct, penalty for repeated misconduct increased, statute of limitations increased, and offense of public misconduct made ineligible for automatic expungement.

A bill for an act

relating to fraud prevention; clarifying that certain actions by public officers and

employees constitute misconduct; increasing the penalty for repeated misconduct

of public officer or employee; increasing the statute of limitations for misconduct

of public officer or employee; making the offense of public misconduct of public

officer or employee ineligible for automatic expungement; amending Minnesota

Statutes 2024, sections 3.978, subdivision 3; 609.43; 609A.015, subdivision 3;

Minnesota Statutes 2025 Supplement, section 628.26.

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

Section 1.

Minnesota Statutes 2024, section 3.978, subdivision 3, is amended to read:

Subd. 3.

Penalties.

(a) If a person refuses or neglects to obey any lawful direction of

the legislative auditor, a deputy or assistant, or withholds any information, book, record,

paper or other document called for by the legislative auditor for the purpose of examination,

after having been lawfully required by order or subpoena, upon application by the auditor,

a judge of the district court in the county where the order or subpoena was made returnable

shall compel obedience or punish disobedience as for contempt, as in the case of a similar

order or subpoena issued by the court.

(b) A person who swears falsely concerning any matter stated under oath is guilty of a

gross misdemeanor.

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(c) A public officer or employee, as defined in section 609.415, subdivision 1, who

provides documents or other information to the legislative auditor knowing that the

documents or other information are false in any material respect is guilty of a gross

misdemeanor and subject to suspension without pay or dismissal for just cause.

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(d) A public officer or employee who violates paragraph (c) a second or subsequent time

may be sentenced to imprisonment for not more than three years or to payment of a fine of

$5,000, or both.

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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.

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Sec. 2.

Minnesota Statutes 2024, section 609.43, is amended to read:

609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.

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(a)
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A public officer or employee who does any of the following, for which no other

sentence is specifically provided by law, may be sentenced to imprisonment for not more

than 364 days or to payment of a fine of not more than $3,000, or both:

(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary,

ministerial duty of the office or employment within the time or in the manner required by

law; or

(2) in the capacity of such officer or employee, does an act knowing it is in excess of

lawful authority or knowing it is forbidden by law to be done in that capacity; or

(3) under pretense or color of official authority intentionally and unlawfully injures

another in the other's person, property, or rights; or

(4) in the capacity of such officer or employee, makes a return, certificate, official report,

or other like document having knowledge it is false in any material respect.

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(b) A person who violates paragraph (a) a second or subsequent time may be sentenced

to imprisonment for not more than three years or to payment of a fine of $5,000, or both.

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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.

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Sec. 3.

Minnesota Statutes 2024, section 609A.015, subdivision 3, is amended to read:

Subd. 3.

Eligibility; certain criminal proceedings.

(a) A person is eligible for a grant

of expungement relief if the person:

(1) was convicted of a qualifying offense;

(2) has not been convicted of a new offense, other than an offense that would be a petty

misdemeanor, in Minnesota:

(i) during the applicable waiting period immediately following discharge of the disposition

or sentence for the crime; or

(ii) during the applicable waiting period immediately preceding a subsequent review

performed pursuant to subdivision 5, paragraph (a); and

(3) is not charged with an offense, other than an offense that would be a petty

misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting

period or at the time of a subsequent review.

(b) As used in this subdivision, "qualifying offense" means a conviction for:

(1) any petty misdemeanor offense other than a violation of a traffic regulation relating

to the operation or parking of motor vehicles;

(2) any misdemeanor offense other than:

(i) section
169A.20
under the terms described in section
169A.27
(fourth-degree driving

while impaired);

(ii) section
518B.01, subdivision 14
(violation of an order for protection);

(iii) section
609.224
(assault in the fifth degree);

(iv) section
609.2242
(domestic assault);

(v) section
609.746
(interference with privacy);

(vi) section
609.748
(violation of a harassment restraining order);

(vii) section
609.78
(interference with emergency call);

(viii) section
609.79
(obscene or harassing phone calls);

(ix) section
617.23
(indecent exposure); or

(x) section
629.75
(violation of domestic abuse no contact order);

(3) any gross misdemeanor offense other than:

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(i) section 3.978, subdivision 3 (penalties);

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(i)
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(ii)
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section
169.13, subdivision 1
, if the person causes great bodily harm or death to

another (reckless driving resulting in great bodily harm or death);

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(ii)
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(iii)
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section
169A.25
(second-degree driving while impaired);

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(iii)
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(iv)
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section
169A.26
(third-degree driving while impaired);

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(iv)
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(v)
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section
518B.01, subdivision 14
(violation of an order for protection);

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(v)
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(vi)
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section
609.2113, subdivision 3
(criminal vehicular operation);

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(vi)
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(vii)
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section
609.2231
(assault in the fourth degree);

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(vii)
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(viii)
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section
609.224
(assault in the fifth degree);

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(viii)
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(ix)
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section
609.2242
(domestic assault);

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(ix)
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(x)
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section
609.233
(criminal neglect);

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(x)
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(xi)
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section
609.3451
(criminal sexual conduct in the fifth degree);

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(xi)
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(xii)
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section
609.377
(malicious punishment of child);

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(xiii) section 609.43 (misconduct of public officer or employee);

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(xii)
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(xiv)
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section
609.485
(escape from custody);

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(xiii)
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(xv)
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section
609.498
(tampering with witness);

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(xiv)
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(xvi)
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section
609.582, subdivision 4
(burglary in the fourth degree);

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(xv)
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(xvii)
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section
609.746
(interference with privacy);

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(xvi)
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(xviii)
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section
609.748
(violation of a harassment restraining order);

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(xvii)
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(xix)
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section
609.749
(harassment; stalking);

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(xviii)
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(xx)
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section
609.78
(interference with emergency call);

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(xix)
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(xxi)
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section
617.23
(indecent exposure);

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(xx)
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(xxii)
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section
617.261
(nonconsensual dissemination of private sexual images); or

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(xxi)
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(xxiii)
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section
629.75
(violation of domestic abuse no contact order); or

(4) any felony offense listed in section
609A.02, subdivision 3
, paragraph (b), other

than:

(i) section
152.023, subdivision 2
(possession of a controlled substance in the third

degree);

(ii)
152.024, subdivision 2
(possession of a controlled substance in the fourth degree);

(iii) section
609.485, subdivision 4
, paragraph (a), clause (2) or (4) (escape from civil

commitment for mental illness);

(iv) section
609.582, subdivision 3
, paragraph (a) (burglary in the third degree; other

than trespass); or

(v) section
609.746, subdivision 1
, paragraph (g) (interference with privacy; subsequent

violation or minor victim).

(c) As used in this subdivision, "applicable waiting period" means:

(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;

(2) if the offense was a misdemeanor, two years since discharge of the sentence for the

crime;

(3) if the offense was a gross misdemeanor, three years since discharge of the sentence

for the crime;

(4) if the offense was a felony violation of section
152.025
, four years since the discharge

of the sentence for the crime; and

(5) if the offense was any other felony, five years since discharge of the sentence for the

crime.

(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to

section
609.13, subdivision 1
, remain ineligible for expungement under this section. Gross

misdemeanor offenses ineligible for a grant of expungement under this section remain

ineligible if deemed to be for a misdemeanor pursuant to section
609.13, subdivision 2
.

(e) The service requirements in section
609A.03, subdivision 8
, do not apply to any

expungements ordered under this subdivision.

(f) An expungement order does not apply to records held by the commissioners of

children, youth, and families; health; and human services.

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EFFECTIVE DATE.

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This section is effective August 1, 2026.

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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 a violation of sections 3.978, subdivision 3, and 609.43

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)
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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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