HF3946 (Legislative Session 94 (2025-2026))
Definition of domestic abuse modified for purposes of obtaining an order for protection, law enforcement agencies required to report information in domestic abuse cases, authorizing certain arrests for suspected nonfelony domestic abuse, other domestic abuse provisions modified, and money appropriated.
Related bill: SF4301
AI Generated Summary
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
Bill text versions
- Introduction PDF PDF file
Upcoming committee meetings
- Public Safety Finance and Policy on: March 10, 2026 15:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 05, 2026 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Publicly post all inactive officer-involved death investigations on the Bureau of Criminal Apprehension website within 30 days of inactivity, with exceptions for video that does not document actions and circumstances.",
"Annual reporting to the governor and chairs/ranking minority members of the public safety committees with data on investigations (initiated, incidents involving domestic abuse responses, outcomes, charging decisions, plea agreements, and other data relevant to the unit's mission)."
],
"removed": [],
"summary": "Publicly accessible reporting for officer-involved death investigations; requires rapid posting and annual reporting with detailed metrics.",
"modified": [
"Expands public reporting requirements for officer-involved death investigations under 299C.80 Subd.6."
]
},
"citation": "299C.80",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [
"Adds enumerated behaviors to domestic abuse, including intent to prevent contact with a child, injuring property or rights, harming a pet, following or monitoring the family or household member, returning to their property without right, repeated calls or messages, inducing contact with a third party for sexual acts, and actions that unreasonably restrict the victim's autonomy.",
"Includes additional circumstances such as terroristic threats, sexual conduct, sexual extortion, and interference with an emergency call as forms of domestic abuse."
],
"removed": [],
"summary": "Expands the definition of domestic abuse to cover a broader range of controlling, harassing, and violent behaviors.",
"modified": [
"Substantively broadens the domestic abuse definition to encompass a wider spectrum of abusive behaviors beyond physical harm or fear."
]
},
"citation": "518B.01",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Defines domestic abuse reporting framework and cross-references to 518B.01.",
"Requires local law enforcement to report every domestic abuse incident to the Commissioner of Public Safety by January 15 each year, using a state-issued reporting form with enumerated data fields (date, location, suspected crime, arrest status, firearm involvement, prosecution referrals, etc.).",
"Requires an annual summary/analysis report by the Commissioner of Public Safety."
],
"removed": [],
"summary": "Establishes the Domestic Abuse Reporting requirements, including definitions and annual reporting by law enforcement.",
"modified": [
"Creates a formal, data-driven domestic abuse reporting regime with annual reporting requirements."
]
},
"citation": "626.5537",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Domestic abuse has the meaning given in 518B.01 subdivision 2."
],
"removed": [],
"summary": "Links the prosecution definitions of domestic abuse to the meaning in 518B.01 subdivision 2.",
"modified": [
"Cross-references the domestic abuse definition to 518B.01, aligning prosecutorial interpretation."
]
},
"citation": "611A.0311",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"A peace officer may arrest a person anywhere without a warrant if probable cause shows within the preceding 72 hours that the person committed nonfelony domestic abuse (as defined in 518B.01 subdivision 2).",
"Arrest may occur even if the assault did not take place in the presence of the officer."
],
"removed": [],
"summary": "Revises arrest authority for nonfelony domestic abuse; allows warrantless arrest with probable cause within 72 hours, even if the assault was not in the officer's presence.",
"modified": []
},
"citation": "629.341",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Officer may not issue a citation in lieu of arrest and detention for harassing or stalking domestic abuse violations of an order for protection or no contact order.",
"Arrestees must be detained at the police station or jail and brought before the first court appearance, with limited criteria for release."
],
"removed": [],
"summary": "Detention in lieu of citation; restricts citation-in-lieu-of-arrest for certain domestic abuse offenses and requires detention until first court appearance.",
"modified": [
"Adds mandatory detention provisions and limits use of citation-in-lieu-of-arrest for specific domestic abuse offenses."
]
},
"citation": "629.72",
"subdivision": "subdivision 1a"
},
{
"analysis": {
"added": [
"Immediately after citation in lieu of detention or order of release, the custody agency must inform the alleged victim of release conditions, time, next court date, the victim's right to attend, and a contact for local victim services programs.",
"Must provide the written order and notice to the victim."
],
"removed": [],
"summary": "Notice to release; requires notifying the alleged victim of release details and related resources.",
"modified": []
},
"citation": "629.72",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [
"Repeal of Subd.3 (Release) provisions that allowed release without citation pending court appearance."
],
"summary": "Detention-release provision being repealed in Sec. 10; previously allowed release without citation pending court appearance.",
"modified": [
"Footnotes indicate this subdivision is repealed in this act."
]
},
"citation": "629.72",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
"This section subjects the task force to Minnesota Statutes chapter 13D."
],
"removed": [],
"summary": "Task Force on Improving Responses to Domestic Violence Crimes is subject to Chapter 13D; establishes governance around meetings and operations.",
"modified": [
"Imposes 13D compliance on task force operations and meeting procedures."
]
},
"citation": "13D",
"subdivision": ""
},
{
"analysis": {
"added": [
"Uses private data definition from 13.02 subdivision 12 to govern victim data handling."
],
"removed": [],
"summary": "Cross-reference to private data classifications for individuals used in the task force's data handling.",
"modified": []
},
"citation": "13.02",
"subdivision": "subdivision 12"
},
{
"analysis": {
"added": [
"References 13.82 subdivision 7 to define which data are public in the context of reporting."
],
"removed": [],
"summary": "Public data framework used in the reporting of officer-involved deaths and related data.",
"modified": []
},
"citation": "13.82",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [
"Cites 611A.32 as the source for local victim services programs (e.g., battered women's/domestic abuse programs)."
],
"removed": [],
"summary": "Reference to local victim services programs (battered women's and domestic abuse programs) used by the task force for service referrals.",
"modified": []
},
"citation": "611A.32",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference to the definition of peace officers in the bail/detention context.",
"modified": [
"Incorporates 626.84(1)(c) to define peace officers for related provisions."
]
},
"citation": "626.84",
"subdivision": "subdivision 1, paragraph c"
},
{
"analysis": {
"added": [
"Cited in relation to no contact orders under domestic abuse definitions."
],
"removed": [],
"summary": "No contact orders; referenced as a mechanism for protection in domestic abuse cases.",
"modified": []
},
"citation": "629.75",
"subdivision": ""
},
{
"analysis": {
"added": [
"Terroristic threats (609.713(1)) recognized as a form of domestic abuse."
],
"removed": [],
"summary": "Terroristic threats included within the scope of domestic abuse definitions.",
"modified": []
},
"citation": "609.713",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Referenced as a harassment restraining order within domestic abuse definitions."
],
"removed": [],
"summary": "Harassment restraining order; incorporated into domestic abuse definitions.",
"modified": []
},
"citation": "609.748",
"subdivision": ""
},
{
"analysis": {
"added": [
"Referenced to harassment or stalking (609.749) as a form of domestic abuse."
],
"removed": [],
"summary": "Harassment or stalking; included in domestic abuse definitions.",
"modified": []
},
"citation": "609.749",
"subdivision": ""
},
{
"analysis": {
"added": [
"Interference with an emergency call (609.78 subdivision 2) recognized as a form of domestic abuse."
],
"removed": [],
"summary": "Interference with an emergency call; included as a domestic abuse-related offense.",
"modified": []
},
"citation": "609.78",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Cross-reference to sections 257.51 through 257.74 for paternity determinations and related procedures."
],
"removed": [],
"summary": "Paternity-related provisions referenced within the order for protection context.",
"modified": []
},
"citation": "257.51 to 257.74",
"subdivision": ""
},
{
"analysis": {
"added": [
"Defines 'Custodian' as a person other than the petitioner or respondent with physical or legal custody under 257.541(1) or with court-ordered parenting time."
],
"removed": [],
"summary": "Definition of custodian used in orders for protection and related contexts.",
"modified": []
},
"citation": "257.541",
"subdivision": "subdivision 1"
}
]Progress through the legislative process
In Committee