SF3994 (Legislative Session 94 (2025-2026))
Authorize city attorneys in Hennepin and Rasmey Counties to prosecute felony offenses and certain gross misdemeanor offenses when a county attorney declines to prosecute
Related bill: HF3986
AI Generated Summary
Purpose
- The bill aims to shift some prosecutorial authority from county prosecutors to city attorneys in certain cases, and to enable city attorneys in specific counties to issue administrative subpoenas. It makes targeted changes to Minnesota statutes to implement these changes.
Main Provisions
- Prosecution authority in certain counties:
- In Anoka, Carver, Dakota, Hennepin, Scott, Ramsey, and Washington Counties (with a specific exception described below), the county attorney is the only prosecutor for gross misdemeanor violations of a listed set of offenses unless the exception applies.
- In Ramsey County, the county attorney is similarly the sole prosecutor for gross misdemeanor violations of a different subset of listed offenses.
- In general, the bill preserves the county attorney’s authority for the offenses described, with noted exceptions.
- Exceptions where city attorneys may prosecute:
- For statutory or home rule charter cities within Hennepin or Ramsey Counties, the city attorney may prosecute a violation identified in the listed sections if: 1) the violation occurred within the city boundaries, 2) the county attorney declined to prosecute, and 3) the discovery of the violation occurred during a motor vehicle stop for an equipment violation.
- Additional duties for county/prosecutor roles:
- The bill includes provisions that require the county attorney to prosecute certain types of offenses (e.g., failure to report physical or sexual child abuse or neglect; certain environmental law violations; certain criminal sexual conduct offenses) unless the exception applies.
- Administrative subpoenas:
- The bill authorizes city attorneys in the specified counties to issue administrative subpoenas in certain cases as part of their prosecutorial responsibilities.
- Conforming changes:
- The bill makes changes to several Minnesota statutes (including sections 388.051, 390.251, 484.87, and 388.23; 2024/2025 statutory references) to implement these shifts in prosecutorial authority and subpoena power.
Affected Areas and Roles
- Counties involved:
- Anoka, Carver, Dakota, Hennepin, Scott, Ramsey, Washington (with notable differences by county and by section).
- City attorneys:
- In statutory or home rule charter cities within Hennepin or Ramsey Counties, under the conditions described, may prosecute certain offenses when the county declines/prosecutes conditions are met.
- County attorneys:
- Retain prosecutorial authority for many listed gross misdemeanors and specified offenses, subject to the exceptions above.
Offenses and Scope (Representative Examples)
- Gross misdemeanor offenses initially assigned to county prosecutors in most counties (subject to exceptions) include sections such as:
- 289A.63 (various subdivisions)
- 609.255 (certain subdivisions)
- 609.377, 609.378, 609.41
- 617.247.1
- 297B.10
- 152.025 (gross misdemeanor violations in some counties)
- 260E.08 (child abuse/neglect reporting requirements)
- 609.3451 (fifth-degree criminal sexual conduct)
- Environmental law violations under 115.071, 299F.098, 609.671
- City-prosecuted offenses under the exception are those identified in the above groups, provided conditions are met.
- Discovery condition:
- For city-prosecution eligibility under the exception, discovery must occur during a motor vehicle stop for an equipment violation.
Significant Changes to Law
- Prospective redistribution of certain prosecutorial cases from county attorneys to city attorneys in specified counties and under defined conditions.
- Expansion of city attorney powers to issue administrative subpoenas in relation to prosecutions.
- Introduction of a case-specific trigger: if the county declines to prosecute, and discovery occurs during an equipment-related motor vehicle stop, a city attorney in certain cities may proceed with prosecution within the home rule or charter city boundaries.
Practical Impact and Considerations
- Local prosecution dynamics: The bill could change which office (county vs. city) handles certain offenses, potentially affecting case processing speed, local procedures, and relationships between city and county prosecutors.
- Safeguards and limitations: Prosecution by a city attorney is limited to cases meeting the criteria (specific offenses, geographic boundaries, county-decline, and discovery during an equipment stop). This helps maintain federal/state/state-level consistency and provides defined boundaries for authority.
- Administrative subpoenas: City attorneys gaining subpoena power could impact investigative processes and evidence gathering.
Relevant Terms - county attorney - city attorney - prosecute - felony offenses - gross misdemeanor offenses - administrative subpoenas - Hennepin County - Ramsey County - Anoka County - Carver County - Dakota County - Scott County - Washington County - home rule charter city - statutory city - discovery - motor vehicle stop - equipment violation - environmental law violations - child abuse or neglect - 260E.08 - 609.3451 - 115.071 - 299F.098 - 609.671 - 289A.63 - 609.255 - 609.377 - 609.378 - 609.41 - 617.247.1 - 297B.10 - 152.025
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 02, 2026 | Senate | Action | Introduction and first reading | ||
| March 02, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [
"Authorization for city attorneys in Hennepin and Ramsey Counties to prosecute felony offenses and certain gross misdemeanors when a county attorney declines.",
"Authorization for city attorneys to issue administrative subpoenas in certain cases.",
"Conforming changes to Minnesota Statutes 2024 section 388.051 subdivision 2, and sections 390.251 and 484.87 subdivision 3; Minnesota Statutes 2025 Supplement section 388.23 subdivision 1."
],
"removed": [],
"summary": "Amends special provisions allocating prosecution of certain offenses among county attorneys and, in Hennepin and Ramsey Counties, authorizes city attorneys to prosecute when the county declines and to issue administrative subpoenas; makes conforming changes to related statutes.",
"modified": [
"Revisions to prosecutorial authority provisions affecting multiple counties and related procedural tools."
]
},
"citation": "388.051",
"subdivision": "subdivision 2"
},
{
"analysis": {
"addedi": [],
"removed": [],
"summary": "Referenced as part of the set of conforming changes accompanying the 388.051 amendments.",
"modified": [
"Adjusts cross-references and related provisions in light of new prosecutorial roles."
]
},
"citation": "390.251",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Conforming change to a statute cited in the bill; part of the overall realignment of prosecutorial authority.",
"modified": [
"Cross-reference and consistency updates in conjunction with 388.051 and related sections."
]
},
"citation": "484.87",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Minnesota Statutes 2025 Supplement section 388.23 subdivision 1 is referenced for conforming changes.",
"modified": [
"Incorporates changes from the 2025 Supplement to align with new prosecutorial authority provisions."
]
},
"citation": "388.23",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Provisions governing reporting of physical or sexual child abuse or neglect (paragraphs a, b, c) referenced in the bill.",
"modified": []
},
"citation": "260E.08",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Prosecution of violations of fifth-degree criminal sexual conduct under section 609.3451 is cited in the bill.",
"modified": []
},
"citation": "609.3451",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amounts to or requires prosecution of certain gross misdemeanor violations in specified counties, as referenced in the bill.",
"modified": []
},
"citation": "609.255",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the list of offenses for which prosecution may be handled under the new authority structure.",
"modified": []
},
"citation": "609.377",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the list of offenses for which prosecution may be handled under the new authority structure.",
"modified": []
},
"citation": "609.378",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Environmental law violations listed among offenses affected by the proposed prosecutorial authority changes.",
"modified": []
},
"citation": "609.41",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Environmental law violations referenced in the bill.",
"modified": []
},
"citation": "115.071",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Environmental law violations referenced in the bill.",
"modified": []
},
"citation": "299F.098",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Environmental law violations referenced in the bill.",
"modified": []
},
"citation": "609.671",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references prosecution of gross misdemeanor violations of section 152.025, with county or city attorney involvement depending on the county and paragraph provisions.",
"modified": []
},
"citation": "152.025",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Statute 289A.63 with referenced subdivisions (1, 2, 4, and what appears to be subdivisions 1.14 and 6) listed among offenses subject to prosecutorial choices under the bill.",
"modified": []
},
"citation": "289A.63",
"subdivision": "subdivisions 1 2 4 and 1.14 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Statute 297B.10 referenced in the list of offenses related to prosecutorial authority under the bill.",
"modified": []
},
"citation": "297B.10",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Statute 617.247 referenced within the provision allowing city or county prosecutors to handle listed offenses; subdivision details unclear in the text.",
"modified": []
},
"citation": "617.247",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "No additional clear citations identified beyond those listed above.",
"modified": []
},
"citation": "",
"subdivision": ""
}
]Progress through the legislative process
In Committee