Authorize city attorneys in Hennepin and Rasmey Counties to prosecute felony offenses and certain gross misdemeanor offenses when a county attorney declines to prosecute

A bill for an act

relating to public safety; authorizing city attorneys in Hennepin and Ramsey

Counties to prosecute felony offenses and certain gross misdemeanor offenses

when a county attorney declines to prosecute; authorizing city attorneys to issue

administrative subpoenas in certain cases; making conforming changes; amending

Minnesota Statutes 2024, sections 388.051, subdivision 2; 390.251; 484.87,

subdivision 3; Minnesota Statutes 2025 Supplement, section 388.23, subdivision

1.

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

Section 1.

Minnesota Statutes 2024, section 388.051, subdivision 2, is amended to read:

Subd. 2.

Special provisions.

(a) In Anoka, Carver, Dakota, Hennepin, Scott, and

Washington Counties,
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except as provided under paragraph (e),
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only the county attorney

shall prosecute gross misdemeanor violations of sections
289A.63, subdivisions 1, 2, 4, and

6
;
297B.10
;
609.255, subdivision 3
;
609.377
;
609.378
;
609.41
; and
617.247
.

(b) In Ramsey County,
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except as provided under paragraph (e),
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only the county attorney

shall prosecute gross misdemeanor violations of sections
609.255, subdivision 3
;
609.377
;

and
609.378
.

(c)
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Except as provided under paragraph (e),
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the county attorney shall prosecute failure

to report physical or sexual child abuse or neglect as provided under section
260E.08
,

paragraphs (a), (b), and (c), violations of fifth-degree criminal sexual conduct under section

609.3451
, and environmental law violations under sections
115.071
,
299F.098
, and
609.671
.

(d) Except in Hennepin and Ramsey Counties,
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except as provided under paragraph (e),
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only the county attorney shall prosecute gross misdemeanor violations of section
152.025
.

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(e) The attorney of a statutory or home rule charter city within the boundaries of Hennepin

or Ramsey County may prosecute a violation of any statute identified in paragraphs (a) to

(d) in cases where:

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(1) the violation is alleged to have occurred within the boundaries of the home rule or

charter city;

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(2) the county attorney declined to prosecute the violation; and

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(3) discovery of the violation occurred during a motor vehicle stop for an equipment

violation.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date and to crimes committed before that date

provided the limitations period in Minnesota Statutes, section 628.26, has not expired.

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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,
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has
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and a city attorney prosecuting

a suspected violation pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,

have
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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;

(2) 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;

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

(4) 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;

(5) 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

(6) 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, and identity theft cases 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
.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.

Minnesota Statutes 2024, section 390.251, is amended to read:

390.251 REQUEST FOR EXAMINATIONS.

The coroner or medical examiner may, when requested, make physical examinations

and tests incident to any matter of a criminal nature under consideration by the district court

or county attorney, law enforcement agency,
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city attorney prosecuting a suspected violation

pursuant to section 388.051, subdivision 2, or 484.87, subdivision 3,
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or publicly appointed

criminal defense counsel, and shall deliver a copy of a report of such tests and examinations

to the person making the request. Such an examination does not establish a doctor-patient

relationship. The person making the request shall pay the cost of such examinations and

tests.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 4.

Minnesota Statutes 2024, section 484.87, subdivision 3, is amended to read:

Subd. 3.

Prosecuting attorneys.

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(a)
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Except as provided in subdivision 2 and as otherwise

provided by law, violations of state law that are petty misdemeanors or misdemeanors must

be prosecuted by the attorney of the statutory or home rule charter city where the violation

is alleged to have occurred, if the city has a population greater than 600. If a city has a

population of 600 or less, it may, by resolution of the city council, and with the approval

of the board of county commissioners, give the duty to the county attorney. In cities of the

first, second, and third class, gross misdemeanor violations of sections
609.52
,
609.535
,

609.595
,
609.631
, and
609.821
must be prosecuted by the attorney of the city where the

violation is alleged to have occurred. The statutory or home rule charter city may enter into

an agreement with the county board and the county attorney to provide prosecution services

for any criminal offense. All other petty misdemeanors, misdemeanors, and gross

misdemeanors must be prosecuted by the county attorney of the county in which the alleged

violation occurred. All violations of a municipal ordinance, charter provision, rule, or

regulation must be prosecuted by the attorney for the governmental unit that promulgated

the municipal ordinance, charter provision, rule, or regulation, regardless of its population,

or by the county attorney with whom it has contracted to prosecute these matters.

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(b)
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In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state

law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided

in section
388.051, subdivision 2
, must be prosecuted by the attorney of the statutory or

home rule charter city where the violation is alleged to have occurred. The statutory or home

rule charter city may enter into an agreement with the county board and the county attorney

to provide prosecution services for any criminal offense. All other petty misdemeanors,

misdemeanors, or gross misdemeanors must be prosecuted by the county attorney of the

county in which the alleged violation occurred. All violations of a municipal ordinance,

charter provision, rule, or regulation must be prosecuted by the attorney for the governmental

unit that promulgated the municipal ordinance, charter provision, rule, or regulation or by

the county attorney with whom it has contracted to prosecute these matters.

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(c) The attorney of a statutory or home rule charter city within the boundaries of Hennepin

or Ramsey County may prosecute a felony violation of state law in cases where:

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(1) the violation is alleged to have occurred within the boundaries of the home rule or

charter city;

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(2) the county attorney declined to prosecute the violation; and

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(3) discovery of the violation occurred during a motor vehicle stop for an equipment

violation.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date and to crimes committed before that date

provided the limitations period in Minnesota Statutes, section 628.26, has not expired.

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