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HF 3826

Identity theft crime; definitions modified and added, attorney general and county attorneys provided with additional subpoena authority, and statutes of limitation altered for fraud-related offenses.

2025-2026 Regular Session Introduced by Elliott Engen and 3 co-sponsors

Expands enforcement tools for identity theft by broadening attorney general and county attorney subpoenas to many records, aiding fraud investigations.

Author added Greenman
#crimesandcriminals #publicsafetydepartment #stateagenciesanddepartments
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Bill Summary · HF 3826

Summary of HF 3826 (2025-2026) – Identity Theft Crime; Expanded Subpoena Authority; Updated Statutes of Limitations

Author: Witte and Engen

Jurisdiction: Minnesota

Session: 2025-2026

Status highlights: Second engrossment as amended; referred through Public Safety Finance and Policy, State Government Finance and Policy, Judiciary Finance and Civil Law; placed on General Register as Amended (as of 04/07/2026)

Effective date note: Some provisions take effect August 1, 2026 (Sec. 4), with applicability to offenses committed on or after that date and certain offenses committed earlier if the relevant limitations period had not expired by that date.

1) Main purpose and intent

  • To strengthen the state’s response to identity theft and related financial crimes.
  • To expand investigative tools for law enforcement (AG and county attorneys) through broader subpoena authority.
  • To modify and add definitions related to identity theft and fraud to support enhanced enforcement.
  • To alter and clarify statutes of limitations for several fraud-related offenses to reflect policy priorities and investigative realities.

2) Key provisions and changes

A. Expanded subpoena authority for the Attorney General and county attorneys (Sections 1–2)

  • The Attorney General and designated deputies, assistants, or special assistants may subpoena and require production of:
    • Records from a broad set of entities, including:
    • Telecommunications (telephone, cellular, paging, ISPs, bulletin boards)
    • Utilities (electric, gas, water)
    • Chemical suppliers
    • Hotels/motels
    • Pawn shops
    • Transportation providers (airlines, buses, taxis, freight companies, etc.)
    • Storage/delivery/logistics entities (self-service storage, warehousing, package delivery, etc.)
    • Documents related to ongoing law enforcement investigations into financial crimes or fraud (including state-funded or administered program fraud and certain insurance fraud cases)
    • Records of the existence of safe deposit box numbers and customer savings/checking account numbers held by financial institutions and safe deposit companies
  • Subpoenas may be issued only for records relevant to an ongoing legitimate law enforcement investigation.
  • Administrative subpoenas are specifically limited to certain contexts (e.g., wage theft, welfare fraud, identity theft) with any request tied to a legitimate investigation.
  • These new provisions apply to records held by business entities, not private individuals or their dwellings.

B. Expanded subpoena authority for county attorneys (Section 2 continued)

  • The county attorney and authorized deputies may subpoena and require production of:
    • Similar categories of records as above (telecom, utilities, chemical suppliers, hotels/motels, pawn shops, transportation, freight/warehousing).
    • Documents or records related to investigations of financial crimes and fraud (including state-funded program fraud and insurance fraud).
    • Records of safe deposit box numbers and related account numbers.
    • Insurance records relating to monetary settlements or claims.
    • Banking, credit card, and financial records of a subject under identity theft investigation or of a vulnerable adult, including various account-related documents.
    • Wage and employment records of public assistance program applicants/recipients under welfare fraud investigations.
    • Records of employers or businesses related to wage theft investigations (payroll, banking, wage-related documents, workers’ compensation, etc.).
  • Administrative subpoenas are expressly allowed for wage theft, welfare fraud, and identity theft cases, and for other financial crime investigations if there is probable cause to believe a crime has occurred.
  • Scope is limited to business entities (not private individuals’ residences or dwellings).

Note: Subpoenas must be relevant to an ongoing legitimate investigation.

C. Definitions and substantive terms (Section 3)

  • Clarified/added definitions related to identity theft and related crimes:
    • Direct victim: a person or entity whose identity has been transferred or used in violation of statute.
    • False pretense: use of false information or pretexts resembling the identity of a for-profit/not-for-profit business or government agency with no legitimate claim.
    • Forged digital likeness: a highly realistic digital rendering related to a real person that misrepresents appearance or speech and could deceive a reasonable person.
    • Identity: includes names, SSNs, dates of birth, government IDs, unique identifiers, account numbers, and forged digital likeness among others.
    • Indirect victim: any victim described in related statute other than the direct victim.
    • Loss: monetary value gained and related expenses incurred by victims.
    • Unlawful activity: felony offenses or certain nonfelony offenses involving theft, swindle, forgery, fraud, or false information to public officials (or similar offenses in other jurisdictions).
    • Scanning device and Reencoder: tools used to read or re-encode payment card data or identification data.
    • Payment card: cards issued to a user that enable credits or purchases.
  • These definitions support enforcement and classification of identity theft and related fraud offenses.

D. Statutes of limitations adjustments (Section 4)

  • The statute of limitations for various offenses is amended, with several notable inclusions and timing rules:
    • Certain homicide-related and fraud-related offenses may have extended or alternative timelines (specifics listed in the bill text).
    • Some offenses have no limitations period (e.g., certain offenses where a death occurred or certain comprehensive fraud offenses).
    • For some large-value offenses (e.g., property or service theft above thresholds), limitations periods are specified (e.g., five years for certain high-value offenses).
    • For “other cases,” a general three-year period applies.
    • Specific timing rules for cases involving minors (under 18 at time of offense) and offenses where the victim’s age affects the timeline.
    • Some offenses have special timing rules tied to when the offense was reported to law enforcement, the later of certain dates, or the earlier of certain periods.
    • Exclusions: time during which the defendant is not an inhabitant or usual resident within Minnesota, and time during which the offender participates in a pretrial diversion program does not count toward the period.
    • DNA-related delays: time during which physical evidence is under DNA analysis is excluded unless the delay was purposefully used to gain an unfair advantage.
  • Effective Date: August 1, 2026.
    • Applies to crimes committed on or after August 1, 2026.
    • If a crime was committed before August 1, 2026, the applicable limitations period remains in place unless it had not expired by August 1, 2026.

3) Who or what is affected

  • Law enforcement and prosecutorial offices in Minnesota (Attorney General and county attorneys) gain enhanced subpoena authority to obtain records across a broad spectrum of sectors in financial crime investigations.
  • Financial institutions, telecom providers, utilities, hotels, pawn shops, transportation/logistics companies, and other business entities are subject to new or expanded subpoena duties in the context of legitimate investigations.
  • Individuals and businesses implicated in identity theft, fraud, wage theft, welfare fraud, and related financial crimes may face enhanced investigative and prosecutorial tools, including more extensive record production and longer/altered statutes of limitations.
  • The definitions relating to identity theft and fraud (including forged digital likeness) create a more expansive framework for prosecuting identity-related wrongdoing.

4) Procedural and timing aspects

  • The bill specifies that subpoenas must be relevant to ongoing legitimate investigations; broad, indiscriminate use is not allowed.
  • Administrative subpoenas are explicitly limited to wage theft, welfare fraud, identity theft, and specified financial crime investigations with probable cause.
  • The new authorities apply to “business entities” rather than private individuals’ residences, with a defined meaning for “business entity.”
  • The primary effective date for the major changes is August 1, 2026, influencing offenses committed on or after that date and certain earlier offenses if the existing statute of limitations had not expired by that date.
  • The overhaul of limitations periods includes explicit carve-outs and exceptions to accommodate pretrial diversions and DNA analysis-related delays.

5) Practical implications

  • Potentially faster and more comprehensive gathering of evidence in identity theft and financial fraud cases.
  • Increased administrative burden on certain businesses to respond to subpoenas, though limited to relevant ongoing investigations.
  • Courts will have new or revised timelines guiding when charges can be filed for specific fraud-related offenses, with larger time windows for offenses involving significant losses or vulnerable victims in some cases, and shorter windows or no window for others.

If you’d like, I can provide a side-by-side comparison of current Minnesota statutes vs. HF 3826 language for key sections (definitions, subpoena authority, and limitations) or a plain-language summary tailored to a specific audience (consumers, businesses, or law enforcement).

Compiled from official sources — confirm details with the bill’s official record.

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