Domestic abuse provisions modifications

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; modifying pretrial release provisions for persons arrested

for suspected domestic abuse; requiring reports; amending Minnesota Statutes

2024, sections 611A.0311, subdivision 1; 629.341, subdivisions 1, 4; 629.72,

subdivisions 1a, 2, 6; 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;
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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;
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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;
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or
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(3) violation of a domestic abuse order for protection
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issued pursuant to section 518B.01;
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(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;

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(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

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(6) violation of a domestic abuse no contact order issued pursuant to section 629.75
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.

Sec. 3.

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[626.5537] DOMESTIC ABUSE; REPORTING.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(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:

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(1) violation of an order for protection within the meaning of section 518B.01, subdivision

14;

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(2) violation of a harassment restraining order within the meaning of section 609.748,

subdivision 6;

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(3) harassment or stalking within the meaning of section 609.749; and

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(4) violation of a domestic abuse no contact order within the meaning of section 629.75,

subdivision 2.

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(c) "Family or household member" has the meaning given in section 518B.01, subdivision

2, paragraph (b).

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Subd. 2.

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Collection of information; reporting.

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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:

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(1) the date of the incident;

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(2) the location of the incident;

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(3) the crime suspected to have been committed;

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(4) whether the response began as a call for service alleging an act of domestic abuse;

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(5) the perceived gender of the alleged victim and suspect;

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(6) the perceived race of the alleged victim and suspect;

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(7) whether a suspect was arrested at the time of the incident;

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(8) whether a suspect was arrested at a later date and, if so, the time between the incident

and the arrest;

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(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;

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(10) whether the alleged offender possessed, or was reported to possess, a firearm at the

time of the incident;

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(11) whether the case was referred for prosecution;

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(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

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(13) any additional information the superintendent deems necessary for the acquisition

of accurate and relevant data.

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Subd. 3.

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Annual report.

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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.

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EFFECTIVE DATE.

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This section is effective January 1, 2028.

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Sec. 4.

Minnesota Statutes 2024, section 629.341, subdivision 1, is amended to read:

Subdivision 1.

Arrest
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; referral for prosecution
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.

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(a)
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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
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72 hours
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28 days
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, 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.

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(b) If a peace officer has probable cause to believe that a person has committed any act

that constitutes harassing or stalking any person 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.

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Sec. 5.

Minnesota Statutes 2024, section 629.341, subdivision 4, is amended to read:

Subd. 4.

Report required.

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(a)
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Whenever a peace officer investigates an allegation that
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an incident described in subdivision 1 has occurred, whether or not an arrest is made,
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a

person has committed a qualified domestic violence-related offense and the victim is a

family or household member,
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the officer shall make a written police report of the alleged

incident
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regardless of whether an arrest is made
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. 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.

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(b) As used in this subdivision:

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(1) "qualified domestic violence-related offense" has the meaning given in section 609.02,

subdivision 16; and

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(2) "family or household member" has the meaning given in section 518B.01, subdivision

2, paragraph (b).

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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.
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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.
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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
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for a charge of harassing

or stalking any person or for domestic abuse
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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.
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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:
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(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;

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(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

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(3) any pending petitions for an order for protection or a harassment restraining order

in which the person is a respondent.

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(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.
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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.
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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
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and the relevant information presented or

filed by the prosecutor or prosecutor's designee
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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).
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The findings should describe whether the person:
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(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;

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(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

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(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.

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(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.

Minnesota Statutes 2024, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice; release of arrested person.

(a) Immediately after
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issuance of a citation

in lieu of continued detention under subdivision 1, or
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the entry of an order for release under

subdivision 2, but before the arrested person is released, the agency having custody of the

arrested person or its designee must make a reasonable and good faith effort to inform orally

the alleged victim, local law enforcement agencies known to be involved in the case, if

different from the agency having custody, and, at the victim's request any local battered

women's and domestic abuse programs established under section
611A.32
or sexual assault

programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested person

and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone

number of the area program that provides services to victims of domestic abuse as designated

by the Office of Justice Programs in the Department of Public Safety.

(b) As soon as practicable after an order for conditional release is entered, the agency

having custody of the arrested person or its designee must personally deliver or mail to the

alleged victim a copy of the written order and written notice of the information in paragraph

(a), clauses (2) and (3).

(c) Data on the victim and the notice provided by the custodial authority are private data

on individuals as defined in section
13.02, subdivision 12
, and are accessible only to the

victim.

Sec. 9.
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REPEALER.
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Minnesota Statutes 2024, section 629.72, subdivision 3,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: S4301-1

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.