HF 2603

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

A bill for an act
relating to government data; prohibiting law enforcement agencies from
releasing data in certain situations; amending Minnesota Statutes 2008, section
13.82, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 13.82, subdivision 2, is amended to read:

Subd. 2.

Arrest data.

new text begin (a) new text end new text begin Except as provided in paragraph (b), new text end the following data
created or collected by law enforcement agencies which documents any actions taken by
them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of
liberty shall be public at all times in the originating agency:

deleted text begin (a) deleted text end new text begin (1) new text end time, date and place of the action;

deleted text begin (b) deleted text end new text begin (2) new text end any resistance encountered by the agency;

deleted text begin (c) deleted text end new text begin (3) new text end any pursuit engaged in by the agency;

deleted text begin (d) deleted text end new text begin (4) new text end whether any weapons were used by the agency or other individual;

deleted text begin (e) deleted text end new text begin (5) new text end the charge, arrest or search warrants, or other legal basis for the action;

deleted text begin (f) deleted text end new text begin (6) new text end the identities of the agencies, units within the agencies and individual persons
taking the action;

deleted text begin (g) deleted text end new text begin (7) new text end whether and where the individual is being held in custody or is being
incarcerated by the agency;

deleted text begin (h) deleted text end new text begin (8) new text end the date, time and legal basis for any transfer of custody and the identity of
the agency or person who received custody;

deleted text begin (i) deleted text end new text begin (9) new text end the date, time and legal basis for any release from custody or incarceration;

deleted text begin (j) deleted text end new text begin (10) new text end the name, age, sex and last known address of an adult person or the age
and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially
deprived of liberty;

deleted text begin (k) deleted text end new text begin (11) new text end whether the agency employed wiretaps or other eavesdropping techniques,
unless the release of this specific data would jeopardize an ongoing investigation;

deleted text begin (l) deleted text end new text begin (12) new text end the manner in which the agencies received the information that led to the
arrest and the names of individuals who supplied the information unless the identities of
those individuals qualify for protection under subdivision 17; and

deleted text begin (m) deleted text end new text begin (13) new text end response or incident report number.

new text begin (b) Data created or collected under paragraph (a) is classified as private data on
individuals if the data is sealed by a court, expunged, or otherwise prohibited from release
pursuant to a court order. The individual subject of the data must be permitted to visually
inspect the data upon request but, notwithstanding section 13.04, must not be provided
a copy of the data. The individual subject of the data may not consent, in writing or
otherwise, to the release of the data for any purpose.
new text end