HF 2500

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring fingerprinting 
  1.3             by local law enforcement agencies and transmittal to 
  1.4             the bureau of criminal apprehension; requiring 
  1.5             collection of known aliases and street names for 
  1.6             transmittal to the bureau; requiring suspense file 
  1.7             reporting; appropriating money to the supreme court 
  1.8             for the court information system, the department of 
  1.9             public safety for criminal justice information system 
  1.10            improvements, the bureau of criminal apprehension for 
  1.11            various criminal justice information purposes, and the 
  1.12            department of corrections for various criminal justice 
  1.13            information purposes; amending Minnesota Statutes 
  1.14            2000, sections 299C.10, subdivision 1; 299C.11; 
  1.15            299C.147, subdivision 2; proposing coding for new law 
  1.16            in Minnesota Statutes, chapters 299C; 609. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 299C.10, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
  1.21  FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
  1.22  of the respective counties, of the police, peace officers in 
  1.23  cities of the first, second, and third classes, under the 
  1.24  direction of the chiefs of police in such cities, and of 
  1.25  community corrections agencies operating secure juvenile 
  1.26  detention facilities to shall take or cause to be taken 
  1.27  immediately finger and thumb prints, photographs, distinctive 
  1.28  physical mark identification data, information on any known 
  1.29  aliases or street names, and other identification data requested 
  1.30  or required by the superintendent of the bureau, of the 
  1.31  following: 
  2.1      (1) persons arrested for, appearing in court on a charge 
  2.2   of, or convicted of a felony or, gross misdemeanor, or targeted 
  2.3   misdemeanor; 
  2.4      (2) juveniles arrested for, appearing in court on a charge 
  2.5   of, adjudicated delinquent for, or alleged to have committed 
  2.6   felonies or gross misdemeanors as distinguished from those 
  2.7   committed by adult offenders; 
  2.8      (3) persons reasonably believed by the arresting officer to 
  2.9   be fugitives from justice; 
  2.10     (4) persons in whose possession, when arrested, are found 
  2.11  concealed firearms or other dangerous weapons, burglar tools or 
  2.12  outfits, high-power explosives, or articles, machines, or 
  2.13  appliances usable for an unlawful purpose and reasonably 
  2.14  believed by the arresting officer to be intended for such 
  2.15  purposes; and 
  2.16     (5)  juveniles referred by a law enforcement agency to a 
  2.17  diversion program for a felony or gross misdemeanor offense. 
  2.18  Unless the superintendent of the bureau requires a shorter 
  2.19  period, within 24 hours the fingerprint records and other 
  2.20  identification data specified under this paragraph must be 
  2.21  forwarded to the bureau of criminal apprehension on such forms 
  2.22  and in such manner as may be prescribed by the superintendent of 
  2.23  the bureau of criminal apprehension. 
  2.24     (b) Effective August 1, 1997, the identification reporting 
  2.25  requirements shall also apply to persons arrested for or alleged 
  2.26  to have committed targeted misdemeanor offenses and juveniles 
  2.27  arrested for or alleged to have committed gross misdemeanors.  
  2.28  In addition, the reporting requirements shall include any known 
  2.29  aliases or street names of the offenders. 
  2.30     (c) For purposes of this section, a targeted misdemeanor is 
  2.31  a misdemeanor violation of section 169A.20 (driving while 
  2.32  impaired), 518B.01 (order for protection violation), 609.224 
  2.33  (fifth degree assault), 609.2242 (domestic assault), 609.746 
  2.34  (interference with privacy), 609.748 (harassment or restraining 
  2.35  order violation), or 617.23 (indecent exposure). 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 299C.11, is 
  3.1   amended to read: 
  3.2      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
  3.3      (a) The Each sheriff of each county and the chief of police 
  3.4   of each city of the first, second, and third classes shall 
  3.5   furnish the bureau, upon such form as the superintendent shall 
  3.6   prescribe, with such finger and thumb prints, photographs, 
  3.7   distinctive physical mark identification data, information on 
  3.8   known aliases and street names, and other identification data as 
  3.9   may be requested or required by the superintendent of the 
  3.10  bureau, which may must be taken under the provisions of section 
  3.11  299C.10, of persons who shall be convicted of a felony, gross 
  3.12  misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
  3.13  of police shall furnish this identification data to the bureau 
  3.14  for individuals found to have been convicted of a felony or, 
  3.15  gross misdemeanor, or targeted misdemeanor, within the ten years 
  3.16  next immediately preceding their arrest.  
  3.17     (b) No petition under chapter 609A is required if the 
  3.18  person has not been convicted of any felony or gross 
  3.19  misdemeanor, either within or without the state, within the 
  3.20  period of ten years immediately preceding the determination of 
  3.21  all pending criminal actions or proceedings in favor of the 
  3.22  arrested person, and either of the following occurred: 
  3.23     (1) all charges were dismissed prior to a determination of 
  3.24  probable cause; or 
  3.25     (2) the prosecuting authority declined to file any charges 
  3.26  and a grand jury did not return an indictment. 
  3.27  Where these conditions are met, the bureau or agency shall, upon 
  3.28  demand, return to the arrested person finger and thumb prints, 
  3.29  photographs, distinctive physical mark identification data, 
  3.30  information on known aliases and street names, and other 
  3.31  identification data, and all copies and duplicates of them. 
  3.32     (c) Except as otherwise provided in paragraph (b), upon the 
  3.33  determination of all pending criminal actions or proceedings in 
  3.34  favor of the arrested person, and the granting of the petition 
  3.35  of the arrested person under chapter 609A, the bureau shall seal 
  3.36  finger and thumb prints, photographs, distinctive physical mark 
  4.1   identification data, information on known aliases and street 
  4.2   names, and other identification data, and all copies and 
  4.3   duplicates of them if the arrested person has not been convicted 
  4.4   of any felony or gross misdemeanor, either within or without the 
  4.5   state, within the period of ten years immediately preceding such 
  4.6   determination. 
  4.7      (d) DNA samples and DNA records of the arrested person 
  4.8   shall not be returned, sealed, or destroyed as to a charge 
  4.9   supported by probable cause.  
  4.10     (e) For purposes of this section,: 
  4.11     (1) "determination of all pending criminal actions or 
  4.12  proceedings in favor of the arrested person" does not include: 
  4.13     (1) (i) the sealing of a criminal record pursuant to 
  4.14  section 152.18, subdivision 1, 242.31, or chapter 609A; 
  4.15     (2) (ii) the arrested person's successful completion of a 
  4.16  diversion program; 
  4.17     (3) (iii) an order of discharge under section 609.165; or 
  4.18     (4) (iv) a pardon granted under section 638.02; and 
  4.19     (2) "targeted misdemeanor" has the meaning given in section 
  4.20  299C.10, subdivision 1. 
  4.21     Sec. 3.  [299C.111] [SUSPENSE FILE REPORTING.] 
  4.22     (a) By June 1 and December 1 of each year, the 
  4.23  superintendent shall provide an entity or individual having 
  4.24  responsibility regarding identification data under section 
  4.25  299C.10 and the criminal and juvenile justice information policy 
  4.26  group with summary data on the number of disposition records 
  4.27  pertaining to the entity or individual that have not been linked 
  4.28  to an arrest record. 
  4.29     (b) The superintendent shall immediately notify the 
  4.30  appropriate entity or individual when a disposition record is 
  4.31  received that cannot be linked to an arrest record. 
  4.32     Sec. 4.  Minnesota Statutes 2000, section 299C.147, 
  4.33  subdivision 2, is amended to read: 
  4.34     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
  4.35  maintain a computerized data system for the purpose of assisting 
  4.36  criminal justice agencies in monitoring and enforcing the 
  5.1   conditions of conditional release imposed on criminal offenders 
  5.2   by a sentencing court or the commissioner of corrections.  The 
  5.3   data in the system are private data as defined in section 13.02, 
  5.4   subdivision 12, but are accessible to criminal justice agencies 
  5.5   as defined in section 13.02, subdivision 3a, to public defenders 
  5.6   as provided in section 611.272, to the district court, and to 
  5.7   criminal justice agencies in other states in the conduct of 
  5.8   their official duties.  
  5.9      Sec. 5.  [609.118] [FINGERPRINTING REQUIRED.] 
  5.10     (a) When a person is convicted of a felony, gross 
  5.11  misdemeanor, or targeted misdemeanor, as defined in section 
  5.12  299C.10, subdivision 1, or is adjudicated delinquent for a 
  5.13  felony or gross misdemeanor, the court shall order the offender 
  5.14  to immediately report to the law enforcement agency responsible 
  5.15  for the charge resulting in conviction or adjudication for the 
  5.16  collection of fingerprint and other identification data required 
  5.17  under section 299C.10, regardless of the sentence imposed or 
  5.18  executed. 
  5.19     (b) Paragraph (a) does not apply if the person is remanded 
  5.20  to the custody of a law enforcement agency or if the 
  5.21  identification data was collected prior to the conviction or 
  5.22  adjudication for the offense. 
  5.23     (c) A person who fails to obey a court order under 
  5.24  paragraph (a) is subject to probation revocation, contempt of 
  5.25  court, or any other appropriate remedy. 
  5.26     (d) This section does not limit or restrict any other 
  5.27  statutory requirements or local policies regarding the 
  5.28  collection of identification data. 
  5.29     Sec. 6.  [APPROPRIATIONS.] 
  5.30     Subdivision 1.  [SUPREME COURT.] (a) $20,000,000 is 
  5.31  appropriated from the general fund to the chief justice of the 
  5.32  supreme court for the fiscal year ending June 30, 2002, to 
  5.33  continue redevelopment of the court information system to be 
  5.34  used by all counties to integrate court information with other 
  5.35  criminal justice information. 
  5.36     (b) This money may not be used by the chief justice for any 
  6.1   other purpose. 
  6.2      Subd. 2.  [DEPARTMENT OF PUBLIC SAFETY.] $6,000,000 is 
  6.3   appropriated from the general fund to the commissioner of public 
  6.4   safety for the fiscal year ending June 30, 2002.  Of this amount:
  6.5      (1) $2,000,000 is for eight positions to support the 
  6.6   criminal and juvenile justice information policy group in 
  6.7   fulfilling its responsibilities relating to criminal justice 
  6.8   information system improvements; and 
  6.9      (2) $4,000,000 is for the planning, development, and 
  6.10  implementation of an integration backbone consistent with the 
  6.11  criminal justice information architecture (CriMNet). 
  6.12     Subd. 3.  [BUREAU OF CRIMINAL APPREHENSION.] (a) 
  6.13  $14,000,000 is appropriated from the general fund to the 
  6.14  superintendent of the bureau of criminal apprehension for the 
  6.15  fiscal year ending June 30, 2002.  Of this amount: 
  6.16     (1) $3,000,000 is for up to 11 professional positions 
  6.17  dedicated to reducing the number of court dispositions in a 
  6.18  suspense file and to prevent new court dispositions from 
  6.19  entering a suspense file; 
  6.20     (2) $10,000,000 is for grants under Minnesota Statutes, 
  6.21  section 299C.65, subdivision 7, to implement criminal justice 
  6.22  information integration plans for entities that have completed 
  6.23  integration plans under Minnesota Statutes, section 299C.65, 
  6.24  subdivision 6; and 
  6.25     (3) $1,000,000 is for grants to develop criminal justice 
  6.26  information integration plans under Minnesota Statutes, section 
  6.27  299C.65, subdivision 6. 
  6.28  Upon approval of the criminal and juvenile justice information 
  6.29  policy group, the superintendent may use up to $1,500,000 of the 
  6.30  amount appropriated in clause (1) for grants to local agencies 
  6.31  to reduce the number of court dispositions in a suspense file 
  6.32  and to prevent new court dispositions from entering a suspense 
  6.33  file. 
  6.34     (b) This money may not be used by the superintendent for 
  6.35  any other purpose. 
  6.36     Subd. 4.  [DEPARTMENT OF CORRECTIONS.] (a) $1,500,000 is 
  7.1   appropriated from the general fund to the commissioner of 
  7.2   corrections for the fiscal year ending June 30, 2002, for: 
  7.3      (1) detention grants for the statewide supervision system; 
  7.4      (2) out-of-home placement system development; 
  7.5      (3) electronic probation file transfers; and 
  7.6      (4) maintaining and conforming the department's systems to 
  7.7   the CriMNet standards and backbone, including the Corrections 
  7.8   Operational Management System (COMS), Statewide Supervision 
  7.9   System (SSS), Detention Information System (DIS), Court Services 
  7.10  Tracking System (CSTS), and the sentencing guidelines worksheet 
  7.11  system. 
  7.12     (b) This money may not be used by the commissioner for any 
  7.13  other purpose. 
  7.14     Subd. 5.  [AVAILABILITY OF MONEY.] The money appropriated 
  7.15  in this section is available until June 30, 2003. 
  7.16     Sec. 7.  [EFFECTIVE DATES.] 
  7.17     Sections 1 to 6 are effective July 1, 2001, except that 
  7.18  section 3, paragraph (b), is effective August 1, 2001.