HF 2137

as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2017 01:22pm

A bill for an act
relating to juvenile justice; requiring parental notification of investigations into
juveniles investigated for recruitment by terror organizations; amending Minnesota
Statutes 2016, section 260B.171, subdivision 5.

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

Section 1.

Minnesota Statutes 2016, section 260B.171, subdivision 5, is amended to read:

Subd. 5.

Peace officer records of children.

(a) Except for records relating to an offense
where proceedings are public under section 260B.163, subdivision 1, peace officers' records
of children who are or may be delinquent or who may be engaged in criminal acts shall be
kept separate from records of persons 18 years of age or older and are private data but shall
be disseminated: (1) by order of the juvenile court, (2) as required by section 121A.28, (3)
as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an ongoing investigation new text begin other
than one described in paragraph (i) new text end , (5) to the Minnesota crime victims reparations board
as required by section 611A.56, subdivision 2, clause (6), for the purpose of processing
claims for crime victims reparations, or (6) as otherwise provided in this subdivision. Except
as provided in paragraph (c), no photographs of a child taken into custody may be taken
without the consent of the juvenile court unless the child is alleged to have violated section
169A.20. Peace officers' records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with section 13.82, subdivisions 2,
3, 6, and 17. Any person violating any of the provisions of this subdivision shall be guilty
of a misdemeanor.

In the case of computerized records maintained about juveniles by peace officers, the
requirement of this subdivision that records about juveniles must be kept separate from
adult records does not mean that a law enforcement agency must keep its records concerning
juveniles on a separate computer system. Law enforcement agencies may keep juvenile
records on the same computer as adult records and may use a common index to access both
juvenile and adult records so long as the agency has in place procedures that keep juvenile
records in a separate place in computer storage and that comply with the special data retention
and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law enforcement
agencies if the exchanged information is pertinent and necessary for law enforcement
purposes.

(c) A photograph may be taken of a child taken into custody pursuant to section 260B.175,
subdivision 1, clause (b), provided that the photograph must be destroyed when the child
reaches the age of 19 years. The commissioner of corrections may photograph juveniles
whose legal custody is transferred to the commissioner. Photographs of juveniles authorized
by this paragraph may be used only for institution management purposes, case supervision
by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders.
The commissioner shall maintain photographs of juveniles in the same manner as juvenile
court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained
physical harm or economic loss as a result of the traffic accident. Identifying information
on juveniles who are parties to traffic accidents may be disclosed as authorized under section
13.82, subdivision 6, and accident reports required under section 169.09 may be released
under section 169.09, subdivision 13, unless the information would identify a juvenile who
was taken into custody or who is suspected of committing an offense that would be a crime
if committed by an adult, or would associate a juvenile with the offense, and the offense is
not an adult court traffic offense under section 260B.225.

(e) The head of a law enforcement agency or a person specifically given the duty by the
head of the law enforcement agency shall notify the superintendent or chief administrative
officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an offense
that would be a crime if committed as an adult, that the victim of the offense is a student or
staff member of the school, and that notice to the school is reasonably necessary for the
protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an offense
described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a student or staff member of the
school.

A law enforcement agency is not required to notify the school under this paragraph if
the agency determines that notice would jeopardize an ongoing investigation. For purposes
of this paragraph, "school" means a public or private elementary, middle, secondary, or
charter school.

(f) In any county in which the county attorney operates or authorizes the operation of a
juvenile prepetition or pretrial diversion program, a law enforcement agency or county
attorney's office may provide the juvenile diversion program with data concerning a juvenile
who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social services agency, peace officer records of children who
are or may be delinquent or who may be engaged in criminal acts may be disseminated to
the agency to promote the best interests of the subject of the data.

(h) Upon written request, the prosecuting authority shall release investigative data
collected by a law enforcement agency to the victim of a criminal act or alleged criminal
act or to the victim's legal representative, except as otherwise provided by this paragraph.
Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under section
13.821; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in
unlawful activities.

new text begin (i) The head of a law enforcement agency or a person specifically given the duty by the
head of the law enforcement agency shall notify a child's parent or guardian when the law
enforcement agency has probable cause to believe that the child is the subject of recruitment
efforts by any organization designated as a terrorist organization under section 219 of the
federal Immigration and Nationality Act.
new text end