SF4179

Purpose

• The bill aims to strengthen penalties for misconduct by public officers or employees by amending Minnesota Statutes 2024 section 609.43 to treat certain acts as felonies and to set higher penalties.

Main Provisions

• What counts as misconduct (a public officer or employee commits a felony if they do any of the following for which no other sentence is provided by law):
  • 1) Intentionally fails or refuses to perform a known mandatory nondiscretionary ministerial duty of the office or employment within the time or in the manner required by law.
  • 2) In the capacity of the officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity.
  • 3) Under pretense or color of official authority, intentionally and unlawfully injures another person, property, or rights.
  • 4) In the capacity of the officer or employee, makes a return, certificate, official report, or other like document knowing it is false in any material respect.
• The above acts are treated as felonies if no other sentence is provided by law.
• Penalties for first offenses:
  • Imprisonment up to 364 days or a fine up to $3,000 or both (with the option to apply penalties described in the following paragraphs).
• Penalties for second or subsequent offenses:
  • Imprisonment up to 5 years or a fine up to $10,000 or both.

Significant Changes to Law

• Introduces felony treatment for misconduct by public officers or employees when specific acts occur and no other sentence is prescribed by law.
• Establishes a clear, escalating penalty structure:
  • First offense: up to 364 days in prison or up to a $3,000 fine (or both).
  • Second or subsequent offenses: up to 5 years in prison or up to a $10,000 fine (or both).
• Adds and emphasizes liability for:
  • Failing to perform mandatory duties.
  • Acting beyond authority or in violation of law.
  • Using official authority to cause harm.
  • Filing false official documents with knowledge of falsity.
• Applies to Minnesota Statutes 2024 section 609.43 as amended by this act.

Practical takeaway

• The bill tightens accountability for public officials by creating a formal felony framework for certain misconduct and by increasing penalties, especially for repeat offenses.

Potential applications

• Public offices, law enforcement, state or local government roles where duties are mandatory, authority is used incorrectly, or official documents are falsified.

Definitions and key terms (used in the bill)

• Public officer or employee
• Misconduct
• Mandatory nondiscretionary ministerial duty
• Excess of lawful authority
• Color of official authority
• Return certificate, official report, or other like document
• False in any material respect
• Imprisonment
• Fine
• Second or subsequent offense
• Minnesota Statutes 2024 section 609.43

Relevant Terms public officer or employee; misconduct; felony; mandatory nondiscretionary ministerial duty; excess of lawful authority; color of official authority; false documents; return certificate; official report; material respect; imprisonment; fine; second offense; Minnesota Statutes 2024 section 609.43