HF3822

Penalty for misconduct of public officer or employee enhanced.
Legislative Session 94 (2025-2026)

Related bill: SF4179

AI Generated Summary

Purpose

To strengthen penalties for misconduct by public officers or employees by updating how certain acts are classified and punished under Minnesota law.

Main provisions

The bill amends Minnesota Statutes 2024 section 609.43 (Misconduct of Public Officer or Employee).
It lists four acts by a public officer or employee that, if no other sentence is provided by law, can be treated as misconduct with serious penalties: 1) Intentionally fails or refuses to perform a known mandatory nondiscretionary ministerial duty of the office or employment within the time or manner required by law. 2) In the capacity of such officer or employee, does an act knowing it is beyond lawful authority or forbidden by law to be done in that capacity (i.e., acts under pretense or color of official authority). 3) Intentionally and unlawfully injures another person, property, or rights in the capacity of such officer or employee (in the public official role). 4) Makes a return certificate, official report, or other like document knowing it is false in any material respect.
The bill also references penalties tied to violating these acts, with different levels depending on whether it is the first offense or a second/subsequent offense (see next section).

Penalty structure (how punishment would work)

First offense (violation of the listed acts): Imprisonment up to not more than 1 year and/or a fine up to not more than $5,000 (or both), as described in the bill.
Second or subsequent offense: Imprisonment up to not more than 5 years and/or a fine up to not more than $10,000 (or both), as described in the bill.
The drafting also contains an earlier clause describing the offense as a felony with potential penalties up to 364 days of imprisonment or a $3,000 fine, which conflicts with the later 1-year and $5,000 wording. This indicates a drafting inconsistency in the bill text.

Significant changes to existing law

Elevates misconduct by public officers or employees to be treated more seriously, especially for repeated offenses.
Creates a structured penalty framework that distinguishes first offenses from second or subsequent offenses.
Adds explicit liability for acts that involve failing to perform mandatory duties, exceeding authority, injuring others in official capacity, and filing false official documents.

Implementation notes

Applies to acts performed in the capacity of a public officer or employee.
Applies when no other sentence is provided by law, meaning it may work in conjunction with other specific statutes but adds a default severe penalty framework for these misconducts.

Relevant Terms - Misconduct of Public Officer or Employee - public officer or employee - mandatory nondiscretionary ministerial duty - exceeds lawful authority - color of official authority - injures (person, property, or rights) - false return certificate - official report - felony - imprisonment - fine - second or subsequent offense - Minnesota Statutes 609.43

Bill text versions

Introduction PDF PDF file

Past 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
March 05, 2026	House		Action	Author added

Citations

[
  {
    "analysis": {
      "added": [
        "No new statutes created; amendment to existing statute 609.43 implementing revised penalties."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 609.43 to enhance penalties for misconduct of a public officer or employee, establishing a tiered penalty structure and felony classification for specified acts.",
      "modified": [
        "Section 609.43 is amended to make certain misconduct a felony with penalties up to 364 days imprisonment and a fine up to $3,000 (paragraph a, when no other sentence is provided by law).",
        "Penalties for violations of paragraph a are increased for first offenses to up to 1 year imprisonment or a fine of up to $5,000 (paragraph b).",
        "Penalties for second or subsequent offenses are increased to up to 5 years imprisonment or a fine of up to $10,000 (paragraph c)."
      ]
    },
    "citation": "609.43",
    "subdivision": ""
  }
]

Progress through the legislative process

17%

In Committee