HF3826 (Legislative Session 94 (2025-2026))
Definition of identity modified for purposes of identity theft crime, authority of financial crimes and fraud section of Bureau of Criminal Apprehension expanded, changes to administrative subpoenas made, and statutes of limitation altered.
Related bill: SF4284
AI Generated Summary
Purpose
- To modify how identity is defined for identity theft crimes.
- To expand the authority of Minnesota’s Bureau of Criminal Apprehension (BCA) in investigating financial crimes and fraud, including insurance fraud.
- To change how administrative subpoenas work and adjust various statutes of limitation for fraud-related offenses.
Main Provisions
Financial Crimes and Fraud Section duties (Section 1)
- The Financial Crimes and Fraud Section must review notices and reports of insurance fraud and related crimes submitted by authorized insurers, their employees, agents, or producers.
- It can initiate inquiries and investigations when there’s reason to believe offenses have been or are being committed, including:
- Fraud involving state-funded or administered programs or services
- Insurance fraud and related crimes
- Wage theft and related crimes
- Any other financial crimes
- The Section may operate the automobile theft prevention program.
- For investigating financial crimes and fraud (including insurance fraud), the BCA superintendent may subpoena books, papers, records, and other materials. The subpoena must prohibit disclosure of its existence or the records except as necessary to locate or disclose records or by court order.
- The Department of Commerce’s investigations of civil insurance fraud that uncover crimes must be reported to the BCA.
Identity theft definitions and related terms (Section 2)
- Direct victim: a person or entity defined in statute as a direct victim whose identity has been misused.
- Indirect victim: a person or entity defined in statute as an indirect victim.
- False pretense: false, misleading, or deceptive information or pretext about a business, organization, or government entity’s identity or contact details.
- Identity: a wide range of identifiers (name, Social Security number, government IDs, etc.) that can identify a specific person or entity.
- Forged digital likeness: a digital or audio-visual likeness or voice of a real person that has been created or altered to be indistinguishable from the real person, misrepresents the person, and is likely to deceive a reasonable person.
- Scanning device: any device used to read, scan, or capture information from a payment card, driver’s license, or state ID.
- Reencoder: a device that copies encoded information from one card/ID to another so a transaction can occur.
- Payment card: credit, debit, or similar card issued to an authorized user.
- Additional terms related to identity and fraud definitions are clarified to cover a broad range of modern fraud methods.
Statute of limitations changes (Section 3)
- The bill revises when certain offenses must be charged, with many offenses receiving specific time limits or unlimited windows.
- Examples of timeframes:
- Indictments for death-related offenses: unlimited (no time limit).
- Some offenses involving violent or serious theft: specific timeframes (e.g., within six years, five years, or three years), or unlimited for certain offenses.
- Offenses involving sexual crimes against minors: specific deadlines (often within six years after the offense, or as otherwise stated).
- Certain property crimes and fraud-related offenses: several have a five-year limit or a three-year limit, with some unlimited windows for particular offenses.
- Tolling and exceptions:
- The clock generally stops during periods when the victim or law enforcement authorities are unaware of the offense, and restarts when awareness occurs (with overall limits continuing to apply in many cases).
- If a defendant participates in a pretrial diversion program, the clock may be paused.
- DNA analysis can pause the limitations period; however, the clock cannot be extended if the delay was purposeful to gain an unfair advantage, and in any event the total period cannot exceed seven years after the act.
- Several specific offenses have tailored deadlines (e.g., certain high-value or multi-victim offenses have distinct timing rules).
Changes to Law and What It Means
- Expanded enforcement tools for financial crimes
- The Financial Crimes and Fraud Section gains broader authority to review insurance fraud and wage theft cases and to initiate investigations.
- The BCA can subpoena records more readily to pursue financial crimes and fraud, increasing investigative capacity.
- Broader, more precise definitions of identity-related crime
- The bill broadens what counts as an identity for identity theft cases (including direct/indirect victims and sophisticated deception like forged digital likeness and reencoded payment cards).
- Updated timelines for criminal prosecutions
- The statute of limitations for many offenses is adjusted, with some offenses kept open longer or indefinitely, and others set to specific multi-year windows.
- New tolling provisions align the charging window with when victims or authorities become aware of offenses, and with the status of DNA analysis.
- Administrative and procedural changes
- The Department of Commerce must report insurance-fraud findings to the BCA, creating clearer cross-agency collaboration.
- The bill requires certain notices and reports to be reviewed by the Financial Crimes and Fraud Section, potentially speeding up responses to fraud.
Practical Implications
- For consumers and businesses
- Stronger protection against insurance fraud and wage theft due to enhanced investigative capacity.
- More robust actions against identity theft and related crimes due to broader definitions and stronger enforcement tools.
For law enforcement and courts
- More flexible and potentially longer charging windows for serious offenses.
- Clearer authority to obtain records through subpoenas to support investigations.
- Clear tolling rules tied to DNA analysis and victim awareness, which can affect case timing.
For the legal landscape
- The changes reflect a shifting focus toward modern fraud methods (e.g., identity deception, digital likeness, and payment-card-related schemes) and updating timelines to address these crimes.
Key Definitions & Terms (from the bill)
- Financial Crimes and Fraud Section
- Insurance fraud
- Wage theft
- Subpoena / administrative subpoena
- Direct victim
- Indirect victim
- False pretense
- Identity
- Forged digital likeness
- Scanning device
- Reencoder
- Payment card
Relevant Terms
- BCA (Bureau of Criminal Apprehension)
- State-funded or administered programs
- Insurance fraud
- Identity theft
- Direct victim
- Indirect victim
- False pretense
- Forged digital likeness
- Scanning device
- Reencoder
- Payment card
- Administrative subpoena
- Statute of limitations
- DNA analysis
- Pretrial diversion
Relevant Terms - BCA, Financial Crimes and Fraud Section, subpoena, insurance fraud, wage theft, identity theft, direct victim, indirect victim, false pretense, identity, forged digital likeness, scanning device, reencoder, payment card, administrative subpoena, statute of limitations, DNA analysis, pretrial diversion
Bill text versions
- Introduction PDF PDF file
Upcoming committee meetings
- Public Safety Finance and Policy on: March 11, 2026 15:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 02, 2026 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Adds duties for the Financial Crimes and Fraud Section to review notices and reports of insurance fraud and related crimes submitted by authorized insurers, their employees, agents, or producers.",
"Authorizes initiating inquiries and investigations into specified offenses, including fraud involving state-funded or administered programs, insurance fraud, wage theft, and other financial crimes.",
"Directs operation of the automobile theft prevention program under section 65B.84.2.2."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2025 Supplement section 299C.061 subdivision 3 to codify duties of the Financial Crimes and Fraud Section, including expanded review, investigative powers, reporting, and program responsibilities.",
"modified": [
"Expands the scope of the Financial Crimes and Fraud Section's responsibilities to include insurance fraud, wage theft, and related financial crimes, and clarifies investigative subpoena authority."
]
},
"citation": "299C.061",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
"Acknowledges or integrates insurer-submitted notices and reports into the Financial Crimes and Fraud Section's review and investigation framework."
],
"removed": [],
"summary": "References insurer reporting provisions and related procedures across sections 60A.951–60A.956, in the context of insurance fraud investigations.",
"modified": [
"Links and potentially harmonizes insurer reporting obligations with the Financial Crimes and Fraud Section's investigative duties."
]
},
"citation": "60A.951 to 60A.956",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-references 609.611 in the context of defining insurance fraud and related crimes.",
"modified": [
"Incorporates 609.611 into the definitions or scope used with insurance fraud and related crime references."
]
},
"citation": "609.611",
"subdivision": ""
},
{
"analysis": {
"added": [
"Direct victim and indirect victim concepts, with direct victim defined in terms of identity used or possessed in violation.",
"Definition of identity includes names, Social Security numbers, government IDs, and other identifying data.",
"Definitions of false pretense, reencoder, scanning device, payment card, and other identity-related terms."
],
"removed": [],
"summary": "Revises the definitions related to identity theft offenses in 609.527 by amending subdivision 1 to add detailed definitions.",
"modified": [
"Expands and clarifies terms used in the offense of identity theft to broaden or sharpen the scope of conduct covered."
]
},
"citation": "609.527",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Authorizes operation of the automobile theft prevention program under the specified provision."
],
"removed": [],
"summary": "Directs or permits the automobile theft prevention program to be operated under the authority of section 65B.84.2.2.",
"modified": [
"Integrates the automobile theft prevention program into the broader financial crimes and fraud enforcement framework."
]
},
"citation": "65B.84.2.2",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites 611A.01, paragraph b, in defining victim categories (direct and indirect) within the context of the bill's identity theft provisions.",
"modified": [
"Links victim definitions to 611A.01 paragraph b for determining who is a direct or indirect victim in related offenses."
]
},
"citation": "611A.01",
"subdivision": "paragraph b"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References 299C.155 for DNA analysis definitions used in limitations discussion.",
"modified": [
"Uses 299C.155 to define DNA analysis timing considerations within the limitations provisions."
]
},
"citation": "299C.155",
"subdivision": ""
},
{
"analysis": {
"added": [
"Introduces specific time limits for indictments or complaints across a broad set of offenses, including death-related offenses, child-victim offenses, and various fraud and theft offenses."
],
"removed": [],
"summary": "Amends the limitations period provisions of section 628.26 (Limitations).",
"modified": [
"Revises the statute of limitations for numerous offenses with detailed timelines (e.g., no limit for certain death-related offenses; fixed years for others; special rules for certain offenses and victims).",
"Includes exceptions for pretrial diversion and DNA analysis-related delays."
]
},
"citation": "628.26",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the new limitation framework; addresses indictments/complaints timing for a crime under 609.25.",
"modified": [
"Specifies that indictments or complaints for 609.25 offenses may be found or made at any time after the commission of the offense (per 628.26's amendments)."
]
},
"citation": "609.25",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of a set of limitation changes involving 609.282 (age-related victim provisions).",
"modified": [
"Provides different limitations depending on the victim's age (under 18 vs. 18 or older) at the time of the offense."
]
},
"citation": "609.282",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced within the age-related limitations provisions in 628.26.",
"modified": [
"Incorporates 609.42 into the set of offenses governed by the new limitations framework."
]
},
"citation": "609.42",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitation revisions; deals with specific offenses (609.322).",
"modified": [
"Adds or clarifies the applicable statute of limitations for 609.322."
]
},
"citation": "609.322",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitation revisions; pertains to 609.342 through 609.345 range and 609.3458.",
"modified": [
"Sets or clarifies the time limits for 609.342–609.3458 offenses."
]
},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitation revisions; 609.345-specific limitations.",
"modified": [
"Specifies limitations periods for offenses in the 609.342–609.345 range."
]
},
"citation": "609.345",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitation revisions; 609.3458-specific limitations.",
"modified": [
"Adds/adjusts limitations for 609.3458 offenses as part of the broader limits overhaul."
]
},
"citation": "609.3458",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitations overhaul; relates to 609.561 offenses.",
"modified": [
"Sets or revises the limitations period for 609.561 offenses (ten-year horizon specified)."
]
},
"citation": "609.561",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Involves limitations for offenses involving theft-related conduct under 609.466 and related 609.52 provisions.",
"modified": [
"Specifies a six-year limit for certain offenses combining 609.466 with 609.52 subdivision 4.2, paragraph a, clause 3, item iii."
]
},
"citation": "609.466",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitations overhaul; interacts with 609.466 and related provisions.",
"modified": [
"Defines combined limitations framework with 609.466; uses a substructure reference (subdivision 4.2) for certain timing rules."
]
},
"citation": "609.52",
"subdivision": "subdivision 4.2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Within the set of offense-specific limitations; addresses 609.2335 and related cross-references.",
"modified": [
"Establishes or clarifies limitations periods for offenses including 609.2335 and related references."
]
},
"citation": "609.2335",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitation framework; connects with 609.2335 and 609.821.",
"modified": [
"Modifies/clarifies limitations for offenses around 609.631 (and related references)."
]
},
"citation": "609.631",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Within the same limitation revisions; cross-referenced with 609.2335 and 609.631.",
"modified": [
"Adjusts limitations for offenses including 609.821 in the broader scheme."
]
},
"citation": "609.821",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Indictments or complaints for violations of section 609.671 must be found or filed within five years after the offense.",
"modified": [
"Sets a five-year statute of limitations for 609.671 offenses."
]
},
"citation": "609.671",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the five-year limitations framework for offenses under 609.562 and 609.563.",
"modified": [
"Specifies five-year limitations for 609.562 offenses."
]
},
"citation": "609.562",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the five-year limitations framework for offenses under 609.563.",
"modified": [
"Specifies five-year limitations for 609.563 offenses."
]
},
"citation": "609.563",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Indictments or complaints for 609.746 must be filed within the later of three years after the offense or three years after reporting to law enforcement.",
"modified": [
"Sets the later-of-three-years rule for 609.746 offenses."
]
},
"citation": "609.746",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference within the limitations framework for offenses defined or referenced in 80A.75.",
"modified": [
"Includes 80A.75 in the set of statutes whose limitations are governed by the amended framework."
]
},
"citation": "80A.75",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference related to the limitations framework for offenses defined or referenced in 508.80.",
"modified": [
"Includes 508.80 in the limitations schedule affected by the amendments."
]
},
"citation": "508.80",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference within the limitations revisions for offenses defined in 609.445.",
"modified": [
"Adjusts the running of the statute of limitations for 609.445 offenses (in conjunction with other references like 80A.75, 508.80, 609.465, etc.)."
]
},
"citation": "609.445",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference within the limitations revisions for offenses defined in 609.465.",
"modified": [
"Adjusts the limitations period for 609.465 offenses as part of the unified framework."
]
},
"citation": "609.465",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of the limitations overhaul; references 609.53 within the seven-year 'awareness' provision.",
"modified": [
"Notices that the limitations for 609.53 offenses are affected by the awareness-based and seven-year caps."
]
},
"citation": "609.53",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Concludes the set of references to offenses impacted by the DNA-analysis/delays provisions and seven-year cap.",
"modified": [
"Adjusts limitations for 609.645 offenses within the DNA-analysis-aware framework."
]
},
"citation": "609.645",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Additional cross-reference reiterating insurer reporting mechanisms and related procedures across 60A.951–60A.956.",
"modified": [
"Reinforces or clarifies interplay between insurer reporting requirements and the Financial Crimes and Fraud Section's authority."
]
},
"citation": "60A.951 to 60A.956",
"subdivision": ""
}
]Progress through the legislative process
In Committee