1.1Senator Drazkowski moved to amend
H.F. No. 5216, as amended pursuant to Rule 45,
1.2adopted by the Senate May 13, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 5337.)
1.4Page 19, after line 22, insert:
1.5 "Sec. 8. Minnesota Statutes 2022, section 351.14, subdivision 2, is amended to read:
1.6 Subd. 2.
Malfeasance. "Malfeasance" means the willful commission of an unlawful or
1.7wrongful act in the performance of a public official's duties which is outside the
scope of
1.8the authority of the public official and which infringes on the rights of any person
or entity.
1.9In the case of a county attorney, malfeasance includes doing any of the following
in a higher
1.10percentage of cases than the statewide average as determined by the chief justice
under
1.11section 351.17: agreeing to or proposing mitigated departures in felony criminal prosecutions;
1.12dismissing criminal charges before trial or verdict; or charging individuals with
lesser
1.13offences.
1.14 Sec. 9. Minnesota Statutes 2022, section 351.14, subdivision 3, is amended to read:
1.15 Subd. 3.
Nonfeasance. "Nonfeasance" means the willful failure to perform a specific
1.16act which is a required part of the duties of the public official.
In the case of a county attorney,
1.17nonfeasance includes the failure to prosecute criminal cases in a higher percentage
of
1.18situations than the statewide average as determined by the chief justice under section
351.17"
1.19Renumber the sections in sequence and correct the internal references
1.20Amend the title accordingly
1.21The motion prevailed. #did not prevail. So the amendment was #not adopted.