HF 1847

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/26/2018 03:45pm

A bill for an act
relating to public safety; providing for consistency in background checks; amending
Minnesota Statutes 2016, sections 299C.095, subdivision 1; 364.04.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 299C.095, subdivision 1, is amended to read:

Subdivision 1.

Access to data on juveniles.

(a) The bureau shall administer and maintain
the computerized juvenile history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on juveniles. The data in the system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal justice
agencies as defined in section 13.02, subdivision 3a, to all trial courts and appellate courts,
to a person who has access to the juvenile court records as provided in sections 260B.171
and 260C.171 or under court rule, to public defenders as provided in section 611.272, and
to criminal justice agencies in other states in the conduct of their official duties.

(b) Except for access authorized under paragraph (a), the bureau shall only disseminate
a juvenile adjudication history record in connection with a background check deleted text begin required deleted text end new text begin
authorized new text end by new text begin federal law or state new text end statute deleted text begin or rule and performed on a licensee, license
applicant, or employment applicant or performed under section 299C.62 or 624.713 deleted text end . If the
background check is performed under section 299C.62, juvenile adjudication history
disseminated under this paragraph is limited to offenses that would constitute a background
check crime as defined in section 299C.61, subdivision 2. A consent for release of
information from an individual who is the subject of a juvenile adjudication history is not
effective and the bureau shall not release a juvenile adjudication history record and shall
not release information in a manner that reveals the existence of the record. Data maintained
under section 243.166, released in conjunction with a background check, regardless of the
age of the offender at the time of the offense, does not constitute releasing information in
a manner that reveals the existence of a juvenile adjudication history.

Sec. 2.

Minnesota Statutes 2016, section 364.04, is amended to read:

364.04 AVAILABILITY OF RECORDS.

new text begin Unless expressly authorized by statute, new text end the following criminal records shall not be used,
distributed, or disseminated by the state of Minnesota, its agents or political subdivisions
in connection with any application for public employment nor in connection with an
application for a license:

(1) Records of arrest not followed by a valid conviction.

(2) Convictions which have been, pursuant to law, annulled or expunged.

deleted text begin (3) Misdemeanor convictions for which no jail sentence can be imposed.
deleted text end