State fire marshal urges extending arson statute of limitations from five to 10 years

State Fire Marshal Dan Scribe told the Public Safety and Judiciary Conference Committee on May 8 that extending the statute of limitations for first‑degree arson from five to 10 years would help investigators and prosecutors assemble complex cases that can span multiple years.

Scribe said his office is asked to assist many local jurisdictions that lack trained fire investigators and that modern arson investigations increasingly depend on electronic evidence such as doorbell and security camera footage and financial records. “A lot of what we see for our investigations is not necessarily just made at the scene,” Scribe said, describing the time needed to obtain electronic data and subpoenas.

The issue matters because, Scribe said, his office identified investigations that involve patterns of incidents spanning roughly eight years; under a five‑year limitation, the earliest incidents could be time‑barred for criminal charging. “We have currently about a handful of investigations that involve potential links to arson situations or connections that span an 8 year period,” he said. He added that many jurisdictions rely on the state fire marshal’s investigators because local departments often have no dedicated, trained fire investigator.

Nonpartisan staff and committee members sought legal clarity about which offenses the proposal would affect. Nonpartisan counsel (Mr. Johnson) told the committee that first‑degree arson is codified at Minnesota Statutes section 609.561 and covers arson of dwellings and other buildings under certain circumstances. Johnson said the proposal as presented applies only to first‑degree arson, not to lower degree arson offenses.

Committee members discussed competing considerations. One member expressed concern that a longer limitations period could leave individuals subject to prolonged uncertainty and make defense more difficult as evidence, memories and witnesses age. Another member said victims of serial arson can be denied restitution and justice if earlier incidents fall outside the limitations period and emphasized the importance of aligning criminal time limits with victims’ interests.

Scribe told the committee he had spoken with the Minnesota chapter of the International Association of Arson Investigators and was told insurance companies commonly retain evidence and the ability to file claims for approximately 10 years; he said aligning the criminal statute with that civil timeframe could help investigators and prosecutors pursue both civil and criminal remedies where appropriate.

No formal committee vote on the arson limitations was recorded during Scribe’s testimony. Committee members asked follow‑up questions and thanked the fire marshal for the briefing. The committee later proceeded to other items on its agenda.

Ending: The committee left the record open for questions and moved on to other testimony; members did not adopt a change to the arson statute at this hearing.