HF764 (Legislative Session 94 (2025-2026))
Arson in the first degree statute of limitations eliminated.
Related bill: SF1600
AI Generated Summary
Purpose
- The bill changes Minnesota’s rules for how long prosecutors have to charge someone with crimes (the statute of limitations). It aims to eliminate the time limit for arson in the first degree and adjusts time limits for many other offenses. It also adds rules about when the clock starts, tolling (pauses) the clock, and when certain delays don’t count against the time limit.
Main Provisions
Elimination for arson in the first degree:
- The bill removes the statute of limitations for the crime of arson in the first degree, meaning charges can be filed at any time after the offense.
Indefinite or no-time limits for some offenses:
- Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death.
- Indictments or complaints for certain serious offenses listed in the bill may be found or filed at any time after the offense.
Time limits for other offenses (examples of patterns in the bill):
- Some offenses have no time limit if certain conditions apply (e.g., victim under 18 in some cases).
- Other offenses have fixed time windows after the offense, such as:
- Within six years after the offense for certain offenses (e.g., offenses where the victim is older than 18, or some financial or property-related offenses with value thresholds).
- Within five years after the offense for certain other offenses (e.g., some theft-related or multi-victim crimes, or offenses involving large losses or many victims).
- Within three years after the offense for all other offenses not otherwise specified.
- Within the later of three years after the offense or three years after it was first reported to authorities for some offenses (e.g., certain offenses defined in the bill).
Specific exceptions and timing rules:
- The clock may not run during periods when the defendant was not living in Minnesota.
- The clock shall not run during a pretrial diversion program for that offense.
- The clock shall not include time during which DNA analysis is ongoing, unless the prosecution can show that the delay was deliberate to give one side an unfair advantage.
Significant Changes to Existing Law
- Broad expansion of when crimes can be charged:
- Moving away from fixed, universal time limits to a mix of no-time, longer, or shorter windows depending on the offense and circumstances.
- Special protections and tolling rules:
- The law now explicitly tolls the time during pretrial diversion and certain DNA analysis periods.
- Residency status in Minnesota can affect when the clock runs.
- Practical impact:
- Prosecutors may be able to pursue older cases or offenses that previously could not be charged once a certain number of years passed.
- Victims’ and defendants’ rights timelines may be affected by the new rules on when charges can be filed and when delays count.
Note
- The bill amends Minnesota Statutes 2024 section 628.26 and lays out a detailed schedule of which offenses have no time limit, which have specific year-based limits, and which have special tolling provisions. The exact sections and numbers in the statute determine how long prosecutors have to bring charges for each offense.
Relevant Terms - statute of limitations - indictments - complaints - arson in the first degree - tolling - pretrial diversion - DNA analysis - admissible time - discovery of offenses - victim (death of the victim; under 18) - later of three years - within six years - within five years - within three years - proper court - Minnesota Statutes 2024 section 628.26 - offense reporting to law enforcement
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 13, 2025 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy | |
| February 24, 2025 | House | Action | Author added | ||
| March 10, 2025 | House | Action | Committee report, to adopt | ||
| March 10, 2025 | House | Action | Second reading | ||
| House | Action | House rule 4.20, interim disposition of bills, returned to | Public Safety Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"No new substantive offenses are created; the bill reorganizes and modifies existing limitations periods."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 628.26 to revise the statute of limitations framework, with the title noting the elimination of the statute of limitations for arson in the first degree.",
"modified": [
"Specifies the limitations periods for a broad set of offenses listed in section 628.26, including six-year and three-year timelines for various offenses, and includes procedural exceptions related to pretrial diversion and DNA analysis timing."
]
},
"citation": "628.26",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cited in the bill in the context of limitations for offenses that result in the death of the victim; the text indicates those offenses may be charged as time-agnostic (no time limit) after death.",
"modified": [
"Defines or preserves the potential for indefinite charging time for crimes resulting in the victim’s death."
]
},
"citation": "609.25",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Part of a block that addresses limitations for offenses; the text indicates that violations within this range (609.561 to 609.562 and 609.563) must be charged within five years after the offense.",
"modified": [
"Specifies a five-year limitations period for offenses within 609.561–609.563."
]
},
"citation": "609.561",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill discusses limitations for 609.282 with regard to the victim’s age at the time of the offense; the text indicates different timing rules based on age and interacts with 609.42 subdivision 1.",
"modified": [
"Sets different time limits depending on whether the victim was under 18 or 18 and older at the time of the offense."
]
},
"citation": "609.282",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced with subdivision 1 in relation to timing for offenses; the text indicates a six-year window after the commission of the offense for certain violations within 609.42.",
"modified": [
"Reinforces a six-year limitations period for certain offenses under 609.42, with subdivision 1 specifics."
]
},
"citation": "609.42",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.322 is cited among offenses whose charging time is addressed; the text states that indictments or complaints for violation of 609.322 may be found or made at any time after the commission of the offense.",
"modified": [
"Eliminates a fixed time-bar for 609.322 in this context, allowing indefinite charging."
]
},
"citation": "609.322",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references the range 609.342 to 609.345 (and 609.3458) as offenses for which indictments or complaints may be found or made at any time after the commission of the offense.",
"modified": [
"Extends or removes the time limitations for the entire range 609.342–609.345 and 609.3458."
]
},
"citation": "609.342 to 609.345",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Indictments or complaints for 609.3458 may be found or made at any time after the offense, per the text referencing this section alongside 609.342–609.345.",
"modified": [
"Treats 609.3458 the same as adjacent sections regarding unlimited charging window."
]
},
"citation": "609.3458",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.466 is cited in conjunction with 609.52 subdivision 2.2, relating to limitations on certain offenses; the text indicates a six-year limit after the commission of the offense.",
"modified": [
"Specifies a six-year limitations period for offenses under 609.466 in the context of the related cross-references."
]
},
"citation": "609.466",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The text references 609.52 subdivision 2.2 in setting timing for indictments or complaints for certain offenses; this includes a six-year limit after the offense for those provisions.",
"modified": [
"Defines a six-year limitations period for the cross-referenced offenses within 609.52 subdivision 2.2."
]
},
"citation": "609.52",
"subdivision": "subdivision 2.2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.2335 is cited in a cross-reference cluster involving 609.52 subdivision 2.5 and other clauses; the text indicates multiple paragraph/floor actions but does not clearly state a separate time limit for this subsection in this snippet.",
"modified": [
"Cross-references to 609.2335 are included, but explicit timing for this subsection is not clearly stated in the provided text."
]
},
"citation": "609.2335",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.631 is cited alongside 609.821 in the context of the items I and II and a monetary threshold for theft (more than 35,000).",
"modified": [
"References to 609.631 and 609.821 appear in the context of thresholds for property/value-based offenses."
]
},
"citation": "609.631",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.821 is cited in conjunction with 609.631 regarding thresholds for theft or related offenses tied to value of property or services stolen.",
"modified": [
"Used as a threshold reference in the same clause with 609.631."
]
},
"citation": "609.821",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.527 is cited with the condition that the offense involves eight or more direct victims or the total loss to direct and indirect victims exceeds $35,000.",
"modified": [
"Establishes enhanced or separate considerations for limitations based on the number of victims or the cumulative loss."
]
},
"citation": "609.527",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.746 is cited regarding the timing for certain offenses; the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.",
"modified": [
"Sets a 'later of' three-year rule for certain offenses noted in the bill."
]
},
"citation": "609.746",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "609.671 is referenced with an exception for false material statements, representations, or omissions; the standard five-year period applies to offenses under that section.",
"modified": [
"Affirms a five-year period for 609.671 with specified carve-outs."
]
},
"citation": "609.671",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "DNA analysis timing references cite section 299C.155 for the definition of DNA analysis timing and processes.",
"modified": [
"Links the DNA-analysis timing considerations to 299C.155."
]
},
"citation": "299C.155",
"subdivision": ""
}
]Progress through the legislative process
In Committee