HF3946

Purpose

• Strengthen public safety by updating how domestic abuse is defined for protective orders, improve how domestic violence cases are tracked and reported by law enforcement, expand arrest authority for suspected nonfelony domestic abuse, require detention until first court appearance, and establish a Task Force to review and improve responses to domestic violence crimes. The bill also repeals an older bail provision and directs funding for the new task force.

Main Provisions

• Expanded definition of domestic abuse

  • Expands the list of acts that count as domestic abuse when committed against a family or household member. In addition to physical harm and threats, it includes:
  • Inflicting fear of imminent harm
  • Harassment, stalking, or coercive behavior
  • Following, monitoring, or pursuing the person (including through technology)
  • Repeated calls, texts, mails, or other attempts to communicate
  • Using someone’s personal information without consent to involve a third party in a sexual act
  • Controlling or restricting the abused person’s freedom, autonomy, finances, or basic needs
  • Terroristic threats, certain criminal sexual conduct, sexual extortion, or interference with an emergency call
  • Defines “family or household member” to include spouses, parents/children, relatives, roommates, those who have lived together, or significant romantic/sexual relationships, and includes a pregnant woman and the alleged father.

• Reporting and data collection on domestic abuse

  • Local law enforcement must report every incident they reasonably believe constitutes domestic abuse to the Commissioner of Public Safety by January 15 each year.
  • The Bureau of Criminal Apprehension will create a standardized reporting form.
  • Reports must include details such as date, location, suspected crime, whether the incident began as a call for service, arrest status, firearm involvement, case referral, and who determined the incident was domestic abuse (officer belief vs. victim allegation), plus other data the agency deems necessary.
  • Data privacy: victim information remains protected as required by law.

• Arrests for suspected nonfelony domestic abuse

  • Peace officers may arrest a person anywhere (including at home) if there is probable cause that within the prior 72 hours a nonfelony domestic abuse incident occurred, even if the assault wasn’t witnessed by the officer.
  • This replaces the need for the officer to be present at the time of the alleged offense to make an arrest.

• Detention and release rules

  • Officers cannot issue a citation in lieu of arrest for harassing or stalking, a domestic abuse violation of an order for protection, or a no-contact order violation.
  • A person arrested for these offenses must be brought to the police station or county jail and detained until the first court appearance, unless a citation is issued because release would not pose safety risks or risk of flight.
  • After detention or conditional release is ordered, the agency must inform the alleged victim about release details, the next court date, and victim services resources. This information is private data accessible only to the victim.

• Bail/bail-related repeal

  • Repeals a prior provision governing bail in certain domestic abuse cases (629.72 subdivision 3).

• Task Force on Improving Responses to Domestic Violence Crimes

  • Establishes a Task Force to review law enforcement, prosecutorial, and community responses to domestic violence and make policy and funding recommendations.
  • Membership includes prosecutors, victim coalitions, the judiciary, public defense, victim services offices, law enforcement, tribal governments, and other stakeholders; aims for balanced, diverse, and inclusive representation.
  • Task force duties include developing a model policy on lethality assessments for peace officers and recommending training; evaluating interviewing practices, victim protection, and barriers to reporting; examining related crime patterns (like property damage) and conditions such as traumatic brain injuries; exploring public awareness campaigns; and considering the use of specialty courts.
  • Requires initial and ongoing meetings, and allows input from other organizations.
  • Deliverables include a preliminary report by January 15, 2027 (model policy and training recommendations) and a final report by January 15, 2028 (legislative or funding recommendations). The task force expires after submitting its final report.

• Funding for the Task Force

  • Provides appropriations for fiscal years 2026 and 2027 to support the Task Force; the base funding is set to zero starting in fiscal year 2028.

How this changes existing law

• Broader scope of acts considered domestic abuse for protection orders, including ongoing controlling and coercive behavior, tech-enabled monitoring, and various harassment/stalking behaviors.
• New mandatory reporting framework and standardized data collection for domestic abuse incidents, with annual public safety reporting.
• Expanded arrest power for nonfelony domestic abuse with a 72-hour look-back window, allowing arrests even if the offense wasn’t in the officer’s presence and anywhere (including residences).
• Stronger detention requirements: certain domestic abuse-related offenses cannot be handled by citation in lieu of detention; suspects must be held until an initial court appearance.
• New requirements around notifying victims about release status and court dates, plus privacy protections for victim data.
• Repeal of an older bail provision related to domestic abuse cases (629.72 subdivision 3) and an expanded focus on domestic violence responses through a dedicated task force.
• Establishment of a formal, multi-year process to review and improve domestic violence responses across law enforcement, prosecution, and community services, with a focus on lethality assessments and victim support.

Implementation considerations

• Training and policy development (lethality assessments, interviewing, victim protection) to be coordinated through the new Task Force.
• Data collection and reporting to inform policy and funding decisions; data privacy protections for victims remain in place.
• Potential impacts on officers’ workflow due to new reporting forms and mandatory detention rules; victims may see improved access to services and clearer guidance on court timelines.

Potential impacts on stakeholders

• Victims: greater protection through broader domestic abuse definitions, clearer communication about release and court dates, and more access to services.
• Law enforcement: new arrest authority and reporting requirements, plus a framework for lethality assessments and victim interviewing.
• Prosecutors and courts: changes in charging decisions, data reporting, and potential use of specialized processes or calendars for domestic violence cases.
• Communities: improved coordination and public awareness around domestic violence issues.

Relevant Terms - domestic abuse - order for protection - harassment - stalking - family or household member - lethality assessment - peace officer - probable cause - nonfelony domestic abuse - arrest - detention - first court appearance - citation in lieu of arrest/detention - no contact order - reporting requirements - Bureau of Criminal Apprehension (BCA) - Department of Public Safety - Task Force on Improving Responses to Domestic Violence Crimes - victim services - protective orders - data privacy (private data on individuals) - funding/appropriations - repeal of 629.72 subdivision 3