MN HF3482

County attorneys and assistant county attorneys must proceed with prosecution of felony offenses when probable cause is established by law enforcement, witnesses, or credible sources, unless the complainant withdraws the allegation.

County attorneys or assistant county attorneys who refuse or intentionally fail to prosecute as required are guilty of a misdemeanor and upon conviction shall forfeit office or be dismissed.

Willful violation constitutes just cause for suspension without pay or dismissal by the employing authority.

County attorneys must maintain and monthly report to judiciary and public safety legislative committees a list of all cases where prosecution was declined despite probable cause, including the suspect's name and reason for declining prosecution.

The section is effective August 1, 2022, and applies to crimes committed on or after that date.