HF 1704

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; authorizing dissemination 
  1.3             of certain juvenile data; amending Minnesota Statutes 
  1.4             2000, sections 299C.095, subdivision 1; and 299C.13.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 299C.095, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
  1.9   bureau shall administer and maintain the computerized juvenile 
  1.10  history record system based on sections 260B.171 and 260C.171 
  1.11  and other statutes requiring the reporting of data on 
  1.12  juveniles.  The data in the system are private data as defined 
  1.13  in section 13.02, subdivision 12, but are accessible to criminal 
  1.14  justice agencies as defined in section 13.02, subdivision 3a, to 
  1.15  all trial courts and appellate courts, to a person who has 
  1.16  access to the juvenile court records as provided in sections 
  1.17  260B.171 and 260C.171 or under court rule, to public defenders 
  1.18  as provided in section 611.272, and to criminal justice agencies 
  1.19  in other states in the conduct of their official duties. 
  1.20     (b) Except for access authorized under paragraph (a), the 
  1.21  bureau shall only disseminate a juvenile adjudication history 
  1.22  record in connection with a background check required by statute 
  1.23  or rule and performed on a licensee, license applicant, or 
  1.24  employment applicant or performed under section 299C.62 or 
  1.25  624.713.  A consent for release of information from an 
  2.1   individual who is the subject of a juvenile adjudication history 
  2.2   is not effective and the bureau shall not release a juvenile 
  2.3   adjudication history record and shall not release information in 
  2.4   a manner that reveals the existence of the record. 
  2.5      Sec. 2.  Minnesota Statutes 2000, section 299C.13, is 
  2.6   amended to read: 
  2.7      299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.] 
  2.8      Upon receipt of information data as to any arrested person, 
  2.9   the bureau shall immediately ascertain whether the person 
  2.10  arrested has a criminal record or is a fugitive from justice, 
  2.11  and shall at once inform the arresting officer of the facts 
  2.12  ascertained, including references to any juvenile or adult court 
  2.13  disposition data that are not in the criminal history system.  
  2.14  Upon application by any sheriff, chief of police, or other peace 
  2.15  officer in the state, or by an officer of the United States or 
  2.16  by an officer of another state, territory, or government duly 
  2.17  authorized to receive the same and effecting reciprocal 
  2.18  interchange of similar information with the division, it shall 
  2.19  be the duty of the bureau to furnish all information in its 
  2.20  possession pertaining to the identification of any person.  If 
  2.21  the bureau has a sealed record on the arrested person, it shall 
  2.22  notify the requesting peace officer of that fact and of the 
  2.23  right to seek a court order to open the record for purposes of 
  2.24  law enforcement.  A criminal justice agency shall be notified, 
  2.25  upon request, of the existence and contents of a sealed record 
  2.26  containing conviction information about an applicant for 
  2.27  employment.  For purposes of this section a "criminal justice 
  2.28  agency" means courts or a government agency that performs the 
  2.29  administration of criminal justice under statutory authority.