1.1 A bill for an act
1.2 relating to public safety;
requiring law enforcement agencies to report certain
1.3 information in domestic abuse
cases; authorizing certain arrests for suspected
1.4 nonfelony domestic abuse;
requiring a person arrested for suspected domestic
1.5 abuse to be held in custody
until the person's first court appearance; establishing
1.6 the Task Force on Improving
Responses to Domestic Violence Crimes; requiring
1.7 annual reports; appropriating
money;amending Minnesota Statutes 2024, sections
1.8 611A.0311, subdivision 1;
629.341, subdivisions 1, 4; 629.72, subdivisions 1a, 2;
1.9 Minnesota Statutes 2025
Supplement, section 299C.80, subdivision 6; proposing
1.10 coding for new law in Minnesota
Statutes, chapter 626; repealing Minnesota
1.11 Statutes 2024, section 629.72,
subdivision 3.
1.12 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes
2025 Supplement, section 299C.80, subdivision 6, is amended
1.14 to read:
1.15 Subd. 6.Reporting.
(a) As provided for in chapter 13, the superintendent must make
1.16 all inactive investigative data
for officer-involved death investigations that are public under
1.17 section 13.82, subdivision 7,
or other applicable law available on the bureau's website within
1.18 30 days of the case becoming
inactive as defined in section 13.82, subdivision 7, except
1.19 any video that does not record,
describe, or otherwise document actions and circumstances
1.20 surrounding the
officer-involved death.
1.21 (b) By February 1 of each year,
the superintendent shall report to the commissioner, the
1.22 governor, and the chairs and
ranking minority members of the legislative committees with
1.23 jurisdiction over public safety
finance and policy the following information about the unit:
1.24 the number of investigations
initiated; the number of incidents that began with a law
1.25 enforcement response to
a situation involving suspected or alleged domestic abuse, as
1.26 defined in section
626.5537, subdivision 1; the number of incidents investigated; the
2.1 outcomes or current status of
each investigation; the charging decisions made by the
2.2 prosecuting authority of
incidents investigated by the unit; the number of plea agreements
2.3 reached in incidents
investigated by the unit; and any other information relevant to the unit's
2.4 mission.
2.5 (c) Nothing in this
subdivision modifies the requirements of chapter 13 or the
2.6 classification of data.
2.7 Sec. 2. Minnesota Statutes
2024, section 611A.0311, subdivision 1, is amended to read:
2.8 Subdivision
1.Definitions. (a) "Domestic abuse" has the meaning given in
section
2.9 518B.01, subdivision 2.
2.10 (b) "Domestic abuse
case" means a prosecution for:
2.11 (1) a crime that involves
domestic abuse;
2.12 (2) violation of a condition of
release following an arrest for a crime that involves
2.13 domestic abuse; or
2.14 (3) violation of a domestic
abuse order for protection issued pursuant to section 518B.01;
2.15 (4) violation of a
harassment restraining order issued pursuant to section 609.748
2.16 committed against a
family or household member by a family or household member;
2.17 (5) harassment or
stalking within the meaning of section 609.749 committed against a
2.18 family or household
member by a family or household member; or
2.19 (6) violation of a
domestic abuse no contact order issued pursuant to section 629.75.
2.20 Sec. 3. [626.5537]
DOMESTIC ABUSE; REPORTING.
2.21 Subdivision
1.Definitions. (a) For purposes of this section, the following
terms have
2.22 the meanings given.
2.23 (b) "Domestic
abuse" has the meaning given in section 518B.01, subdivision 2, paragraph
2.24 (a), and also includes
the following, if committed against a family or household member
2.25 by a family or household
member:
2.26 (1) violation of an order
for protection within the meaning of section 518B.01, subdivision
2.27 14;
2.28 (2) violation of a
harassment restraining order within the meaning of section 609.748,
2.29 subdivision 6;
2.30 (3) harassment or
stalking within the meaning of section 609.749; and
3.1 (4) violation of a
domestic abuse no contact order within the meaning of section 629.75,
3.2 subdivision 2.
3.3 (c) "Family or
household member" has the meaning given in section 518B.01, subdivision
3.4 2, paragraph (b).
3.5 Subd.
2.Collection of information; reporting. The head of a local law
enforcement
3.6 agency or state law
enforcement department that employs peace officers, as defined in
3.7 section 626.84,
subdivision 1, paragraph (c), must report every incident a peace officer
3.8 reasonably believes,
or a victim alleges, constitutes an act of domestic abuse to the
3.9 commissioner of public
safety by January 15 each year. The superintendent of the Bureau
3.10 of Criminal Apprehension
must adopt a reporting form to be used by law enforcement
3.11 agencies in making the
reports required under this section. The reports must include all of
3.12 the following for each
incident:
3.13 (1) the date of the
incident;
3.14 (2) the location of the
incident;
3.15 (3) the crime suspected
to have been committed;
3.16 (4) whether the response
began as a call for service alleging an act of domestic abuse;
3.17 (5) the perceived gender
of the alleged victim and suspect;
3.18 (6) the perceived race
of the alleged victim and suspect;
3.19 (7) whether a suspect
was arrested at the time of the incident;
3.20 (8) whether a suspect
was arrested at a later date and, if so, the time between the incident
3.21 and the arrest;
3.22 (9) whether the alleged
victim was arrested at the time of the incident and, if so, any
3.23 alleged crime that
formed the basis for the arrest;
3.24 (10) whether the alleged
offender possessed, or was reported to possess, a firearm at the
3.25 time of the incident;
3.26 (11) whether the case
was referred for prosecution;
3.27 (12) whether the
determination that the incident constituted an act of domestic abuse
3.28 was based on an
officer's reasonable belief, the victim's allegation, or both; and
3.29 (13) any additional
information the superintendent deems necessary for the acquisition
3.30 of accurate and relevant
data.
4.1 Subd.
3.Annual report. The commissioner of public safety must summarize
and analyze
4.2 the information
received under subdivision 2 and provide an annual report to the chairs and
4.3 ranking minority
members of the legislative committees with jurisdiction over public safety.
4.4 The annual report may
be included in the department's annual uniform crime report.
4.5 Sec. 4. Minnesota Statutes
2024, section 629.341, subdivision 1, is amended to read:
4.6 Subdivision
1.Arrest; referral for prosecution. (a) Notwithstanding
section 629.34
4.7 or any other law or rule, a
peace officer may arrest a person anywhere without a warrant,
4.8 including at the person's
residence, if the peace officer has probable cause to believe that
4.9 within the preceding 72
hours 28 days, exclusive of the day probable cause was established,
4.10 the person has committed
nonfelony domestic abuse, as defined in section 518B.01,
4.11 subdivision 2. The arrest may
be made even though the assault did not take place in the
4.12 presence of the peace officer.
4.13 (b) If a peace officer has
probable cause to believe that a person has committed an act
4.14 that constitutes
harassment or stalking in violation of section 609.749; domestic abuse as
4.15 defined in section
518B.01, subdivision 2; violation of an order for protection as described
4.16 in section 518B.01,
subdivision 14; or violation of a domestic abuse no contact order as
4.17 described in section
629.75 and the person was not arrested, the peace officer should seek
4.18 a warrant from a judge
for the person's arrest without undue delay. A warrant issued under
4.19 this paragraph is not
subject to the limitations described in section 629.31.
4.20 Sec. 5. Minnesota Statutes
2024, section 629.341, subdivision 4, is amended to read:
4.21 Subd. 4.Report
required. (a) Whenever a peace officer investigates an allegation that
4.22 an incident described in
subdivision 1 has occurred, whether or not an arrest is made, a
4.23 person has committed a
qualified domestic violence-related offense and the victim is a
4.24 family or household
member, the officer shall make a written police report of the alleged
4.25 incident regardless of
whether an arrest is made. The report must contain at least the following
4.26 information: the name, address
and telephone number of the victim, if provided by the
4.27 victim, a statement as to
whether an arrest occurred, the name of the arrested person, and a
4.28 brief summary of the incident.
Data that identify a victim who has made a request under
4.29 section 13.82, subdivision 17,
paragraph (d), and that are private data under that subdivision,
4.30 shall be private in the report
required by this section. A copy of this report must be provided
4.31 upon request, at no cost, to
the victim of domestic abuse, the victim's attorney, or
4.32 organizations designated by the
Office of Justice Programs in the Department of Public
4.33 Safety that are providing
services to victims of domestic abuse. The officer shall submit the
5.1 report to the officer's
supervisor or other person to whom the employer's rules or policies
5.2 require reports of similar
allegations of criminal activity to be made.
5.3 (b) As used in this
subdivision:
5.4 (1) "qualified
domestic violence-related offense" has the meaning given in section
609.02,
5.5 subdivision 16; and
5.6 (2) "family or
household member" has the meaning given in section 518B.01, subdivision
5.7 2, paragraph (b).
5.8 Sec. 6. Minnesota Statutes
2024, section 629.72, subdivision 1a, is amended to read:
5.9 Subd. 1a.Detention
in lieu of citation; release. (a) Notwithstanding any other law or
5.10 rule, an arresting officer may
not issue a citation in lieu of arrest and detention to an
5.11 individual charged with
harassing or stalking, domestic abuse, violation of an order for
5.12 protection, or violation of a
domestic abuse no contact order.
5.13 (b) Notwithstanding any other
law or rule, an individual who is arrested on a charge of
5.14 harassing or stalking any
person, domestic abuse, violation of an order for protection, or
5.15 violation of a domestic abuse
no contact order, must be brought to the police station or
5.16 county jail. An individual
who is arrested on a charge of violation of an order for protection
5.17 or violation of a
domestic abuse no contact order must be detained until the person's first
5.18 court appearance as
required under sections 518B.01, subdivision 14, paragraph (e), and
5.19 629.75, subdivision 3. The
officer in charge of the police station or the county sheriff in
5.20 charge of the jail shall issue
a citation in lieu of continued detention for a charge of harassing
5.21 or stalking any person
or for domestic abuse unless it reasonably appears to the officer or
5.22 sheriff that release of the
person (1) poses a threat to the alleged victim or another family
5.23 or household member, (2) poses
a threat to public safety, or (3) involves a substantial
5.24 likelihood the arrested person
will fail to appear at subsequent proceedings. In determining
5.25 if the person poses a
threat to the alleged victim or another family or household member,
5.26 the officer in charge of
the police station or the county sheriff in charge of the jail must
5.27 consider the person's
history of domestic violence, including but not limited to:
5.28 (1) any previous arrest
or conviction for harassing or stalking any person, domestic
5.29 abuse, violation of an
order for protection, or violation of a domestic abuse no contact order;
5.30 (2) any order for
protection, harassment restraining order, or domestic abuse no contact
5.31 order in which the
person was identified as the subject of the order; and
5.32 (3) any pending
petitions for an order for protection or a harassment restraining order
5.33 in which the person is a
respondent.
6.1 (c) If the arrested
person is not issued a citation by the officer in charge of the police
6.2 station or the county
sheriff, the arrested person must be brought before the nearest available
6.3 judge of the district court
in the county in which the alleged harassing or stalking, domestic
6.4 abuse, violation of an order
for protection, or violation of a domestic abuse no contact order
6.5 took place without
unnecessary delay as provided by court rule.
6.6 Sec. 7. Minnesota Statutes
2024, section 629.72, subdivision 2, is amended to read:
6.7 Subd. 2.Judicial
review; release; bail. (a) The judge before whom the arrested person
6.8 is brought shall review the
facts surrounding the arrest and detention of a person arrested
6.9 for domestic abuse, harassing
or stalking, violation of an order for protection, or violation
6.10 of a domestic abuse no contact
order. The prosecutor or prosecutor's designee shall present
6.11 relevant information involving
the victim's or the victim's family's account of the alleged
6.12 crime to the judge to be
considered in determining the arrested person's release. If the person
6.13 was arrested for violation
of an order for protection or violation of a domestic abuse no
6.14 contact order, the
prosecutor or prosecutor's designee must describe the allegations in the
6.15 underlying petition or
criminal case. The prosecutor or prosecutor's designee may present
6.16 information and bail
recommendations in person or by filing it with the court through the
6.17 appropriate electronic
filing system. In making a decision concerning pretrial release
6.18 conditions of a person arrested
for domestic abuse, harassing or stalking, violation of an
6.19 order for protection, or
violation of a domestic abuse no contact order, the judge shall review
6.20 the facts of the arrest and
detention of the person and the relevant information presented or
6.21 filed by the prosecutor
or prosecutor's designee and determine whether: (1) release of the
6.22 person poses a threat to the
alleged victim, another family or household member, or public
6.23 safety; or (2) there is a
substantial likelihood the person will fail to appear at subsequent
6.24 proceedings. Before releasing a
person arrested for or charged with a crime of domestic
6.25 abuse, harassing or stalking,
violation of an order for protection, or violation of a domestic
6.26 abuse no contact order, the
judge shall make findings on the record, to the extent possible,
6.27 concerning the determination
made in accordance with the factors specified in clauses (1)
6.28 and (2). The findings should
describe whether the person:
6.29 (1) was previously
arrested for, or convicted of, harassing or stalking any person, domestic
6.30 abuse, violation of an
order for protection, or violation of a domestic abuse no contact order;
6.31 (2) has ever been the
subject of an order for protection, harassment restraining order, or
6.32 domestic abuse no
contact order and, if so, the nature of the allegations or charges that gave
6.33 rise to the order; and
7.1 (3) is the respondent
in any pending petition for an order for protection or harassment
7.2 restraining order and,
if so, the nature of the allegations in any petition.
7.3 (b) The judge may impose
conditions of release or bail, or both, on the person to protect
7.4 the alleged victim or other
family or household members and to ensure the appearance of
7.5 the person at subsequent
proceedings. These conditions may include an order:
7.6 (1) enjoining the person from
threatening to commit or committing acts of domestic
7.7 abuse or harassing or
stalking against the alleged victim or other family or household
7.8 members or from violating an
order for protection or a domestic abuse no contact order;
7.9 (2) prohibiting the person
from harassing, annoying, telephoning, contacting, or otherwise
7.10 communicating with the alleged
victim, either directly or indirectly;
7.11 (3) directing the person to
vacate or stay away from the home of the alleged victim and
7.12 to stay away from any other
location where the alleged victim is likely to be;
7.13 (4) prohibiting the person from
possessing a firearm or other weapon specified by the
7.14 court;
7.15 (5) prohibiting the person from
possessing or consuming alcohol or controlled substances;
7.16 and
7.17 (6) specifying any other matter
required to protect the safety of the alleged victim and
7.18 to ensure the appearance of the
person at subsequent proceedings.
7.19 (c) If conditions of release
are imposed, the judge shall issue a written order for
7.20 conditional release. The court
administrator shall immediately distribute a copy of the order
7.21 for conditional release to the
agency having custody of the arrested person and shall provide
7.22 the agency having custody of
the arrested person with any available information on the
7.23 location of the victim in a
manner that protects the victim's safety. Either the court or its
7.24 designee or the agency having
custody of the arrested person shall serve upon the defendant
7.25 a copy of the order. Failure to
serve the arrested person with a copy of the order for
7.26 conditional release does not
invalidate the conditions of release.
7.27 (d) If the judge imposes as a
condition of release a requirement that the person have no
7.28 contact with the alleged
victim, the judge may also, on its own motion or that of the
7.29 prosecutor or on request of the
victim, issue an ex parte temporary restraining order under
7.30 section 609.748, subdivision 4,
or an ex parte temporary order for protection under section
7.31 518B.01, subdivision 7.
Notwithstanding section 518B.01, subdivision 7, paragraph (b), or
7.32 609.748, subdivision 4,
paragraph (c), the temporary order is effective until the defendant
7.33 is convicted or acquitted, or
the charge is dismissed, provided that upon request the defendant
8.1 is entitled to a full hearing
on the restraining order under section 609.748, subdivision 5, or
8.2 on the order for protection
under section 518B.01. The hearing must be held within seven
8.3 days of the defendant's
request.
8.4 Sec. 8. TASK FORCE ON
IMPROVING RESPONSES TO DOMESTIC VIOLENCE
8.5 CRIMES.
8.6 Subdivision 1.Establishment. The
Task Force on Improving Responses to Domestic
8.7 Violence Crimes is
established to review law enforcement, prosecutorial, and community
8.8 responses to domestic
violence crimes and make policy and funding recommendations to
8.9 the legislature to
improve those responses and increase public safety.
8.10 Subd. 2.Membership.
(a) The commissioner of public safety must invite individuals
8.11 with lived domestic
violence experience and representatives from city and county prosecuting
8.12 agencies, Violence Free
Minnesota, Mending the Sacred Hoop, other statewide crime victim
8.13 coalitions,
organizations that advocate for or provide direct services to victims of
domestic
8.14 violence, organizations
that provide domestic abuse transformation programming, the
8.15 Minnesota judicial
branch, the Minnesota Board of Public Defense, the Minnesota
8.16 Association of Criminal
Defense Lawyers, the Department of Health, the Department of
8.17 Public Safety, the
Office of Justice Programs, the Office for Missing and Murdered
8.18 Indigenous Relatives,
the Office for Missing and Murdered Black Women and Girls, local
8.19 law enforcement
agencies, Tribal governments, and other interested parties to participate
8.20 in the task force.
8.21 (b) The commissioner
must ensure that the membership of the task force is balanced
8.22 among the various
representatives, reflects a broad spectrum of viewpoints, reflects the
8.23 geographic diversity of
the state, and is inclusive of marginalized communities as well as
8.24 victim and survivor
voices.
8.25 (c) Members serve at the
pleasure of the commissioner of public safety or until the task
8.26 force expires. The
commissioner may fill vacancies consistent with the qualifications of the
8.27 vacating member invited
to participate in the task force.
8.28 (d) Members of the task
force serve without compensation.
8.29 Subd. 3.Officers;
meetings. (a) The commissioner of public safety or the
commissioner's
8.30 designee must convene
the first meeting of the task force by September 1, 2026.
8.31 (b) At the first
meeting, the members of the task force must elect a chair and may elect
8.32 other officers as the
members deem necessary.
9.1 (c) The task force
must meet monthly or as determined by the chair. The task force must
9.2 meet frequently enough
to accomplish the tasks identified in this section.
9.3 (d) Meetings of the
task force are subject to Minnesota Statutes, chapter 13D.
9.4 Subd.
4.Duties. (a) The task force must review current practices
related to cases of
9.5 domestic violence and
recommend policies, training, statutory changes, and funding to make
9.6 investigations more
effective, support and protect victims, improve prosecutions, and increase
9.7 awareness of issues
connected to domestic violence throughout the criminal justice system.
9.8 (b) The task force's first
responsibility must be to develop a model policy on the use of
9.9 lethality assessments
by peace officers and recommend training for peace officers, law
9.10 enforcement agencies,
and others regarding the use of lethality assessments. The model
9.11 policy must require
peace officers interviewing a victim of domestic abuse to assess the
9.12 potential danger to the
victim and recommend specific actions for peace officers to take if
9.13 the results of the
assessment indicate the victim is in need of immediate protection or services.
9.14 The model policy may
include a lethality assessment form for use by peace officers.
9.15 (c) At a minimum, the
task force must:
9.16 (1) review current
training related to domestic violence cases that is provided to 911
9.17 telecommunicators, peace
officers, prosecuting attorneys, and judges;
9.18 (2) develop updated
training guidelines and establish recommendations for regular review
9.19 of those guidelines;
9.20 (3) review current
practices for interviewing victims of domestic violence, children who
9.21 are victims or witnesses
of domestic violence, and other witnesses;
9.22 (4) make recommendations
for improved interviewing practices, including policies for
9.23 following up on
interviews and providing protection and support for witnesses;
9.24 (5) identify barriers
victims of domestic violence encounter when reporting incidents
9.25 of domestic violence,
participating in an investigation or prosecution, and accessing services;
9.26 (6) recommend standard
policies and practices to reduce the barriers victims of domestic
9.27 violence encounter;
9.28 (7) identify crimes that
frequently occur in conjunction with incidents of domestic
9.29 violence, such as
property damage and theft, and make recommendations regarding
9.30 investigating,
documenting, and prosecuting those offenses;
10.1 (8) identify conditions,
such as traumatic brain injuries, that frequently result from
10.2 repeated incidents of
domestic violence and recommend policies and procedures for working
10.3 with victims and
witnesses who may be suffering from those conditions;
10.4 (9) make recommendations
for public awareness campaigns to improve the ability of
10.5 the general public to
identify signs of domestic violence and properly report observations;
10.6 (10) review practices in
Minnesota and other jurisdictions regarding the use of specialty
10.7 courts or dedicated calendars
to address cases involving domestic violence and family law
10.8 to determine if
dedicated courts improve outcomes for victims, reduce recidivism, increase
10.9 consistency, or have any
other benefits;
10.10 (11) review current
practices related to the involvement of victim advocates;
10.11 (12) make recommendations
for best practices related to supporting victims of domestic
10.12 violence through the use
of victim advocates, including identifying the appropriate scope
10.13 of services, recommending
the point of initial engagement, suggesting the appropriate
10.14 frequency of contacts,
and other recommendations related to improving the quality and
10.15 consistency of contacts;
10.16 (13) review prosecutorial
policies adopted under Minnesota Statutes, section 611A.0311,
10.17 and make recommendations
for updates to those policies;
10.18 (14) identify appropriate
data prosecutors should collect and report related to cases
10.19 involving domestic
violence to ensure consistency and transparency in the prosecution of
10.20 cases involving domestic
violence and the appropriate protection and support of victims
10.21 and witnesses;
10.22 (15) review existing data
to assess the regularity of cases in which multiple parties are
10.23 arrested following an
incident of domestic violence and make recommendations related to
10.24 whether arrests should be
limited to the predominant aggressor; and
10.25 (16) evaluate public
health policies to encourage the prevention of domestic violence.
10.26 (d) The task force may
consider additional information, request presentations or
10.27 contributions from any
other organization or person, and consider other issues consistent
10.28 with the purpose of the
task force.
10.29 Subd. 5.Reports.
(a) By January 15, 2027, the task force must submit a preliminary
10.30 report to the chairs, cochairs,
and ranking minority members of the legislative committees
10.31 with jurisdiction over
public safety that includes the model
policy and recommendations
10.32 for the training
described in subdivision 4, paragraph (b).
11.1 (b) By January 15, 2028,
the task force must submit a final report to the chairs, cochairs,
11.2 and ranking minority
members of the legislative committees with jurisdiction over public
11.3 safety on the work of
the task force, including any recommendations for legislation or
11.4 funding.
11.5 Subd. 6.Expiration.
The task force expires the day after submitting its final report under
11.6 subdivision 5.
11.7 Sec. 9. TASK FORCE ON
IMPROVING RESPONSES TO DOMESTIC VIOLENCE
11.8 CRIMES;
APPROPRIATION.
11.9 $....... in fiscal year 2026 and $....... in fiscal year 2027
are appropriated from the general
11.10 fund to the commissioner
of public safety to provide support for the Task Force on Improving
11.11 Responses to Domestic
Violence Crimes. The base for this appropriation is $0 beginning
11.12 in fiscal year 2028.
11.13 Sec. 10. REPEALER.
11.14 Minnesota Statutes 2024, section 629.72, subdivision 3, is
repealed.
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.
