HF4425

Purpose

This bill changes how long prosecutors have to charge certain crimes, with a focus on fraud and theft involving government funds (including medical assistance fraud). It amends Minnesota’s statute of limitations to set new timeframes for various offenses and creates specific exceptions.

Main Provisions (What the bill does)

• Alters Minnesota Statutes 2025 Supplement section 628.26 (Limitations) to modify when indictments or complaints can be filed for many crimes.
• For offenses resulting in a victim’s death, indictments or complaints may be found or filed at any time after the death.
• For offenses under section 609.25 (serious crimes, such as homicide), indictments may be found or filed at any time after the offense.
• For offenses under section 609.282 (certain sex offenses) the time limit depends on the victim’s age at the offense:
  • If the victim was under 18, there is no time limit (indictments may be filed at any time after the offense).
  • If the victim was 18 or older, indictments or complaints must be filed within six years after the offense.
• For offenses under sections 609.322, 609.342–609.345, and 609.3458, indictments may be found or filed at any time after the offense.
• For offenses under section 609.561, indictments must be found or filed within ten years after the offense.
• For offenses involving certain property crimes (including sections 609.466, 609.52 subd. 2, and related clauses), time limits range from six to ten years after the offense.
• For cases involving public funds (property belonging to the state or a political subdivision), indictments must be filed within ten years after the offense.
• For property crimes with thresholds (e.g., value thresholds like $35,000 or cases with multiple victims), the time limits may be five years after the offense, depending on the specific subsection and facts.
• For false material statements, representations, or omissions (section 609.671), indictments must be filed within five years after the offense.
• For offenses under sections 609.562 and 609.563, indictments must be filed within five years after the offense.
• For offenses under section 609.746, the time to file is the later of three years after the offense or three years after the offense was reported to law enforcement.
• In all other cases, indictments must be filed within three years after the offense.
• Exclusions and special rules:
  • Time in which the offender is not an inhabitant or usual resident of Minnesota is excluded from the limitations.
  • Time spent in a pretrial diversion program is excluded.
  • Time during which DNA analysis is being conducted is excluded, unless the state shows the agency deliberately delayed the DNA process to gain an unfair advantage.

Significant Changes to Existing Law

• The bill broadens or clarifies when charges can be filed for many offenses, prioritizing longer windows for certain fraud, theft, and public-funds-related crimes.
• It introduces or tightens exceptions related to residency, pretrial diversion, and DNA analysis timing.
• It creates a mix of indefinite (anytime) and fixed-year windows depending on the offense and victim characteristics, which can extend or preserve the ability to prosecute older cases.

Practical Implications

• Victims and prosecutors could see longer windows to pursue charges in some fraud and public-funds theft cases, particularly where the offense involved government funds or significant losses.
• Some offenses still have shorter or time-limited windows (three to six years) depending on the offense type and circumstances.
• The bill emphasizes fairness in cases with DNA evidence by acknowledging delays, but it also permits a potential delay-based disadvantage if the state fails to avoid purposeful delays.

Terminology to Note

• Indictments or complaints
• Limitations / statute of limitations / limitations periods
• Offense / commission of the offense
• Victim (including age considerations)
• Medical assistance fraud
• Public funds (government funds)
• False material statements / representations / omissions
• Pretrial diversion program
• DNA analysis / DNA processing
• Inhabitant of or resident within the state
• Law enforcement reporting

Relevant terms section follows.

Relevant Terms - statute of limitations - limitations periods - indictments - complaints - offense - commission of the offense - victim - age of victim - medical assistance fraud - public funds - government funds - false material statements - representations - omissions - pretrial diversion - DNA analysis - DNA processing - residency (inhabitant of Minnesota) - law enforcement report - direct victims - indirect victims - value thresholds (e.g., $35,000) - specific offenses (e.g., sections 609.25, 609.282, 609.561, 609.466, 609.52, 609.671, 609.562, 609.563, 609.746)