Minnesota Legislature
HF 1274
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; authorizing integrated search service inquiries;
restricting use of drivers' license photographs for criminal justice use; authorizing
the Department of Public Safety to establish a secure subscription service to
enhance officer safety during tactical operations by and between federal, state,
and local law enforcement agencies; updating and clarifying membership on
the CriMNet Task Force; amending Minnesota Statutes 2006, sections 171.07,
subdivision 1a; 299C.405; 299C.65, subdivisions 2, 5; proposing coding for new
law in Minnesota Statutes, chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[13.873] CRIMNET.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, "integrated search service"
is a service operated by the Bureau of Criminal Apprehension which allows authorized
users to search and view data that are stored on one or more databases maintained by
criminal justice agencies, as defined in section 299C.46, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Requests by data subject. new text end
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An individual may request that an ISS query to
locate data about the individual be performed by state or local law enforcement agencies
with ISS access. State and local law enforcement agencies with ISS access shall only
provide:
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(1) a list of the government entities that have provided public or private data about
that individual through ISS; and
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(2) data that describe what is maintained about the individual at each government
entity on the list.
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new text begin Subd. 3. new text end
new text begin Bureau responsibilities. new text end
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The bureau must provide the following
information at a public Internet site:
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(1) a listing of all law enforcement agencies with ISS access; and
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(2) information for individual data subjects on how to challenge the accuracy or
completeness of data pursuant to section 13.04, subdivision 4.
new text end
Sec. 2.
Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to read:
Subd. 1a.
Filing photograph or image; data classification.
The department shall
file, or contract to file, all photographs or electronically produced images obtained in the
process of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required
to provide copies of photographs or electronically produced images to data subjects.
The use of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) fordeleted text begin law enforcement purposes in the investigation and prosecution of crimesdeleted text end new text begin
criminal justice agencies as defined in section 299C.46, subdivision 2, for the purpose
of investigation and prosecution of crimes; service of process; location of missing
persons; investigation and preparation of cases for criminal, juvenile, and traffic court;
and supervision of offendersnew text end ; deleted text begin and
deleted text end
(3) new text begin for public defenders, as provided in section 611.272, for the purpose of
preparation of cases for criminal, juvenile, and traffic court; and
new text end
new text begin (4) new text end for child support enforcement purposes under section 256.978.
Sec. 3.
Minnesota Statutes 2006, section 299C.405, is amended to read:
299C.405 SUBSCRIPTION SERVICE.
(a) new text begin For the purposes of this section, "authorized data subject" means an individual
who is the subject of an active criminal investigation, criminal charging process, or open
case in criminal court, probation, or corrections.
new text end
new text begin
(b) For the purposes of this section, "criminal justice agency" means an agency of
the state or a political subdivision charged with detection, enforcement, prosecution, or
supervision in respect to the criminal laws of this state.
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new text begin (c) new text end For the purposes of this sectionnew text begin ,new text end "subscription service" means a process by
whichdeleted text begin law enforcementdeleted text end new text begin criminal justicenew text end agency personnel may obtain ongoing, automatic
electronic notice of any contacts andeleted text begin individualdeleted text end new text begin authorized data subjectnew text end has with any
criminal justice agency.
deleted text begin (b)deleted text end new text begin (d)new text end The Department of Public Safetydeleted text begin must notdeleted text end new text begin maynew text end establish a new text begin secure new text end subscription
servicedeleted text begin without prior legislative authorization; except that,deleted text end new text begin .
new text end
new text begin (e)new text end The Bureau of Criminal Apprehension may employ under new text begin this new text end sectiondeleted text begin 299C.40deleted text end a
secure subscription service designed to promote and enhance officer safety during tactical
operations by and between federal, state, and local law enforcement agencies by notifying
law enforcement agencies of conflicts where multiple law enforcement operations may be
occurring on the same subject or vehicle or on or near the same location. The notification
may include warrant executions, surveillance activities, SWAT activities, undercover
operations, and other investigative operations.
Sec. 4.
Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
Subd. 2.
Task force.
deleted text begin (a) The policy group shall appointdeleted text end A task force deleted text begin todeleted text end new text begin shallnew text end assist
deleted text begin themdeleted text end new text begin the policy groupnew text end indeleted text begin theirdeleted text end new text begin itsnew text end duties. The task force shall monitor, review, and report to
the policy group on CriMNet-related projects and provide oversight to ongoing operations
as directed by the policy group. The task force shall consist of the following members:
(1) two deleted text begin sheriffs recommendeddeleted text end new text begin members appointednew text end by the Minnesota Sheriffs
Associationnew text begin , at least one of whom must be a sheriffnew text end ;
(2) two deleted text begin police chiefs recommendeddeleted text end new text begin members appointednew text end by the Minnesota Chiefs of
Police Associationnew text begin , at least one of whom must be a chief of policenew text end ;
(3) two deleted text begin county attorneys recommendeddeleted text end new text begin members appointednew text end by the Minnesota
County Attorneys Associationnew text begin , at least one of whom must be a county attorneynew text end ;
(4) two deleted text begin city attorneys recommendeddeleted text end new text begin members appointednew text end by the Minnesota League
of Citiesnew text begin representing the interests of city attorneys, at least one of whom must be a city
attorneynew text end ;
(5) two deleted text begin public defendersdeleted text end new text begin membersnew text end appointed by the Board of Public Defensenew text begin , at least
one of whom must be a public defendernew text end ;
(6) two district judges appointed by the Judicial Council, deleted text begin one of whom is currently
assigned to the juvenile courtdeleted text end new text begin at least one of whom has experience dealing with juvenile
court mattersnew text end ;
(7) two deleted text begin communitydeleted text end corrections administrators deleted text begin recommendeddeleted text end new text begin appointednew text end by the
Minnesota Association of Countiesdeleted text begin ,deleted text end new text begin representing the interests of local corrections, at leastnew text end
one of whom represents a community corrections act county;
(8) two probation officersnew text begin appointed by the commissioner of corrections in
consultation with the president of the Minnesota Association of Community Corrections
Act Counties and the president of the Minnesota Association of County Probation Officersnew text end ;
(9) four public membersnew text begin appointed by the governor for a term of six yearsnew text end , one of
whom deleted text begin has been a victim of crimedeleted text end new text begin represents the interests of victimsnew text end , and two deleted text begin whodeleted text end new text begin of whomnew text end
are representatives of the private business community who have expertise in integrated
information systems and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059;
(10) two deleted text begin court administratorsdeleted text end new text begin members appointed by the Minnesota Association for
Court Management, at least one of whom must be a court administratornew text end ;
(11) one member of the house of representatives appointed by the speaker of the
house;
(12) one member of the senate appointed by the majority leader;
(13) new text begin one member appointed by new text end the attorney general deleted text begin or a designeedeleted text end ;
(14) two deleted text begin individuals recommendeddeleted text end new text begin elected officials appointednew text end by the Minnesota
League of Cities, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(15) two deleted text begin individuals recommendeddeleted text end new text begin elected officials appointednew text end by the Minnesota
Association of Counties, one of whom works or resides in greater Minnesota and one of
whom works or resides in the seven-county metropolitan area;
(16) the director of the Sentencing Guidelines Commissionnew text begin or a designeenew text end ;
(17) one member appointed by the state chief information officer;
(18) one member appointed by the commissioner of public safety;
(19) one member appointed by the commissioner of corrections;
(20) one member appointed by the commissioner of administration; and
(21) one member appointed by the chief justice of the Supreme Court.
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(b) In making these appointments, the appointing authority shall select members
with expertise in integrated data systems or best practices.
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deleted text begin
(c) The commissioner of public safety may appoint additional, nonvoting members
to the task force as necessary from time to time.
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Sec. 5.
Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
Subd. 5.
Review of funding and grant requests.
(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The policy
group shall review the requests for compatibility to statewide criminal justice information
system standards. The review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.
(b) The CriMNet program office, in consultation with the Criminal and Juvenile
Justice Information Task Force and with the approval of the policy group, shall create
the requirements for any grant request and determine the integration priorities for the
grant period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.
(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.
(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all deleted text begin countiesdeleted text end new text begin applicants within each grant offeringnew text end . The policy group shall adopt policies
concerning the use of in-kind resources to satisfy the match requirement and the sources
from which matching funds may be obtained. Local operational or technology staffing
costs may be considered as meeting this match requirement. Each grant recipient shall
certify to the policy group that it has not reduced funds from local, county, federal, or
other sources which, in the absence of the grant, would have been made available to the
grant recipient to improve or integrate criminal justice technology.
(e) All grant recipients shall submit to the CriMNet program office all requested
documentation including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities. The CriMNet
program office shall establish the recipient's reporting dates at the time funds are awarded.