HF 1524

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/09/2023 11:36am

A bill for an act
relating to public safety; modifying the Bureau of Criminal Apprehension's
questioned identity process; proposing coding for new law in Minnesota Statutes,
chapter 299C.

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

Section 1.

new text begin [299C.092] QUESTIONED IDENTITY PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or that the offender has the same name which can lead to difficulties
differentiating the individual from the offender.
new text end

new text begin (c) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin (a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
new text end

new text begin (1) documentation of the individual's identity through or via a government-issued photo
identification;
new text end

new text begin (2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
new text end

new text begin (3) fingerprints for identification verification purposes.
new text end

new text begin (b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
new text end

new text begin (c) The bureau shall denote any aliases determined to be questioned identities in the
Criminal History System under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
new text end

new text begin (d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
new text end

new text begin (e) The bureau, in consultation with reporting criminal justice agencies, may remove an
alias from a criminal history record when it determines doing so will not negatively impact
a criminal justice agency's ability to identify the offender in the future. Some considerations
in making the determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration status of the
offender, whether it is or was the offender's name, and whether the offender is living or
deceased.
new text end

new text begin (f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end