HF764

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