HF 2800

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             compliance with law by information management systems; 
  1.4             providing for classification of, and access to, 
  1.5             CriMNet data; providing public defender access to 
  1.6             criminal justice data; requiring a report; amending 
  1.7             Minnesota Statutes 2002, sections 13.02, subdivision 
  1.8             18, by adding subdivisions; 13.03, subdivision 4; 
  1.9             13.82, subdivision 24; 299C.10, subdivisions 1, 2, by 
  1.10            adding a subdivision; 299C.14; 299C.65, by adding a 
  1.11            subdivision; Minnesota Statutes 2003 Supplement, 
  1.12            section 611.272; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 13. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 13.02, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 7b.  [INFORMATION MANAGEMENT SYSTEM.] "Information 
  1.18  management system" means an electronic system used or maintained 
  1.19  by a government entity for the management of government data. 
  1.20     Sec. 2.  Minnesota Statutes 2002, section 13.02, is amended 
  1.21  by adding a subdivision to read: 
  1.22     Subd. 7c.  [INFORMATION POLICY STATUTES.] (a) "Information 
  1.23  policy statutes" means this chapter, section 15.17, and sections 
  1.24  138.163 to 138.225. 
  1.25     (b) "Compliance with information policy statutes" means 
  1.26  that a government entity must do the following: 
  1.27     (1) appoint a responsible authority and prepare a public 
  1.28  document identifying the responsible authority's name, title, 
  1.29  and work address and the private and confidential data 
  2.1   maintained by the entity; 
  2.2      (2) appoint a compliance official; 
  2.3      (3) train designees and other staff in information policy 
  2.4   statutes compliance; 
  2.5      (4) establish procedures: 
  2.6      (i) to ensure that officials respond promptly to requests 
  2.7   for public government data; 
  2.8      (ii) to provide required notices to individuals concerning 
  2.9   data collection; 
  2.10     (iii) to provide individuals with access to and notice of 
  2.11  data maintained about them; 
  2.12     (iv) to provide individuals with the ability to challenge 
  2.13  data about them; 
  2.14     (v) to ensure that data on individuals are accurate, 
  2.15  complete, and current; 
  2.16     (vi) to ensure security safeguards for data on individuals; 
  2.17  and 
  2.18     (vii) to provide for parents to access data about their 
  2.19  minor children; 
  2.20     (5) prepare a public document describing how the rights of 
  2.21  a data subject under section 13.04 may be exercised in the 
  2.22  entity and the procedures necessary to verify the subject's 
  2.23  identity; 
  2.24     (6) publish procedures to prevent unauthorized access to 
  2.25  private and confidential data; 
  2.26     (7) share not public data with another entity only as 
  2.27  required or authorized by state statute or federal law; 
  2.28     (8) make and preserve all records necessary to a full and 
  2.29  accurate knowledge of the entity's official activities; 
  2.30     (9) dispose of records or transfer them to archives in 
  2.31  accordance with statutory procedures and approved records 
  2.32  retention schedules; 
  2.33     (10) when preparing a contract by which a private sector 
  2.34  contractor performs government functions or obtains data on 
  2.35  individuals from a government entity, include provisions that 
  2.36  require the private contractor to comply with this chapter; and 
  3.1      (11) in the case of CriMNet, maintain and ensure data 
  3.2   subject access to audit trail data, and provide subscription 
  3.3   service only as authorized by law.  
  3.4      Sec. 3.  Minnesota Statutes 2002, section 13.02, 
  3.5   subdivision 18, is amended to read: 
  3.6      Subd. 18.  [STATEWIDE SYSTEM.] "Statewide system" includes 
  3.7   any record-keeping system, including an information management 
  3.8   system, in which government data is collected, stored, 
  3.9   disseminated and used by means of a system common to one or more 
  3.10  state agencies or more than one of its political subdivisions or 
  3.11  any combination of state agencies and, political subdivisions, 
  3.12  and nongovernmental entities to the extent, as specified in 
  3.13  section 13.05, subdivision 11, that the nongovernmental entity 
  3.14  is performing functions normally performed by the government 
  3.15  entity.  
  3.16     Sec. 4.  Minnesota Statutes 2002, section 13.03, 
  3.17  subdivision 4, is amended to read: 
  3.18     Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
  3.19  DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 
  3.20  the possession of an agency shall change if it is required to do 
  3.21  so to comply with either judicial or administrative rules 
  3.22  pertaining to the conduct of legal actions or with a specific 
  3.23  statute applicable to the data in the possession of the 
  3.24  disseminating or receiving agency. 
  3.25     (b) If data on individuals is classified as both private 
  3.26  and confidential by this chapter, or any other statute or 
  3.27  federal law, the data is private.  
  3.28     (c) To the extent that government data is disseminated to 
  3.29  state agencies, political subdivisions, or statewide systems by 
  3.30  another state agency, political subdivision, or statewide 
  3.31  system, the data disseminated shall have the same classification 
  3.32  in the hands of the agency receiving it as it had in the hands 
  3.33  of the entity providing it. 
  3.34     (d) If a state agency, statewide system, or political 
  3.35  subdivision disseminates data to another state agency, statewide 
  3.36  system, or political subdivision, a classification provided for 
  4.1   by law in the hands of the entity receiving the data does not 
  4.2   affect the classification of the data in the hands of the entity 
  4.3   that disseminates the data. 
  4.4      (e) To the extent that judicial branch data is disseminated 
  4.5   to government entities by the judicial branch, the data 
  4.6   disseminated shall have the same level of accessibility in the 
  4.7   hands of the entity receiving it as it had in the hands of the 
  4.8   judicial branch entity providing it. 
  4.9      Sec. 5.  [13.055] [INFORMATION MANAGEMENT SYSTEMS; 
  4.10  COMPLIANCE WITH LAW.] 
  4.11     (a) A person who believes an information management system 
  4.12  is not in compliance with information policy statutes may seek 
  4.13  an advisory opinion under section 13.072.  A government entity 
  4.14  operating an information management system must comply with any 
  4.15  request for information from the commissioner for purposes of 
  4.16  the advisory opinion.  
  4.17     (b) In an action to compel compliance pursuant to section 
  4.18  13.08 against a government entity operating an information 
  4.19  management system, if the court finds that the information 
  4.20  management system is not in compliance, the court may fashion 
  4.21  any appropriate remedy.  Upon a finding that the entity is not 
  4.22  making satisfactory progress to cure compliance deficits, the 
  4.23  court may order the entity to cease operation until satisfactory 
  4.24  progress is made. 
  4.25     (c) No state agency may assume or share operational 
  4.26  responsibility for any information management system that is not 
  4.27  in compliance with information policy statutes.  Before a state 
  4.28  agency assumes or shares operational responsibility for an 
  4.29  information management system created by a political 
  4.30  subdivision, statewide system, or a nongovernmental entity, the 
  4.31  responsible authority for that state agency shall ensure that 
  4.32  the information management system is in compliance with 
  4.33  information policy statutes and federal law.  A state agency 
  4.34  must not assume costs associated with enhancements of an 
  4.35  information management system described in this paragraph unless 
  4.36  approved by the legislature or required by federal law. 
  5.1      Sec. 6.  [13.074] [INFORMATION MANAGEMENT SYSTEM REVIEW.] 
  5.2      (a) The commissioner must review information management 
  5.3   systems that are to be added to CriMNet after the effective date 
  5.4   of this section in order to determine that the systems are in 
  5.5   compliance with information policy statutes.  Each responsible 
  5.6   authority for a system under review must promptly provide 
  5.7   information to the commissioner to enable the determination to 
  5.8   be made.  The commissioner shall determine what reports or other 
  5.9   information must be made available by the responsible authority 
  5.10  for the proposed information management system in order to 
  5.11  establish compliance. 
  5.12     (b) No later than January 15, 2005, the commissioner must 
  5.13  provide the legislature with a proposed schedule to review 
  5.14  information management systems and the design for any new 
  5.15  information management systems that are operated by a state 
  5.16  agency or a statewide system that has at least one state agency 
  5.17  as a participant.  As part of the report, the commissioner must 
  5.18  provide the legislature with an estimate of the costs to conduct 
  5.19  the reviews.  An information management system described in this 
  5.20  paragraph must not proceed beyond the design phase until the 
  5.21  commissioner's determination is received. 
  5.22     (c) The legislative auditor should, as resources permit, 
  5.23  include continuing compliance as part of each periodic audit. 
  5.24     (d) If the legislative auditor finds that an information 
  5.25  management system described in this section is not in compliance 
  5.26  with information policy statutes, the responsible authority for 
  5.27  the government entity must, within 30 days, present a plan to 
  5.28  the commissioner to bring the system into compliance.  The 
  5.29  commissioner must monitor the information management system's 
  5.30  progress toward compliance.  If the commissioner finds a failure 
  5.31  to make satisfactory progress, the commissioner may require the 
  5.32  government entity to cease operating the information management 
  5.33  system until progress is satisfactory.  If an information 
  5.34  management system is found out of compliance under this 
  5.35  paragraph, the government entity operating the system must 
  5.36  report the amount spent to develop and implement the information 
  6.1   management system and the amount spent on compliance to the 
  6.2   committees in the house of representatives and the senate with 
  6.3   fiscal authority over that government entity. 
  6.4      Sec. 7.  Minnesota Statutes 2002, section 13.82, 
  6.5   subdivision 24, is amended to read: 
  6.6      Subd. 24.  [EXCHANGES OF INFORMATION.] (a) Except as 
  6.7   otherwise provided by law, nothing in this chapter prohibits the 
  6.8   exchange of information by law enforcement agencies provided the 
  6.9   exchanged information is pertinent and necessary to the 
  6.10  requesting agency in initiating, furthering, or completing an 
  6.11  investigation, except not public personnel data. 
  6.12     (b) When a law enforcement agency requests or disseminates 
  6.13  private or confidential data on individuals by electronic means 
  6.14  for a purpose authorized by this subdivision, it must document 
  6.15  the purpose of the request or dissemination, including the case 
  6.16  number, if available.  Data under this paragraph must be 
  6.17  retained for ten years.  When an investigation becomes inactive 
  6.18  under subdivision 7, the data under this paragraph are private 
  6.19  data on the subject of the investigation. 
  6.20     Sec. 8.  [13.8703] [CRIMNET DATA.] 
  6.21     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  6.22  subdivision apply to this section. 
  6.23     (b) "CriMNet" is a statewide system as defined in section 
  6.24  13.02, subdivision 18, that integrates or interconnects data 
  6.25  from multiple criminal justice information systems. 
  6.26     (c) "CriMNet data" are criminal justice agency data 
  6.27  created, collected, used, or maintained in the prevention, 
  6.28  investigation, or prosecution of crime and any resulting 
  6.29  criminal justice system response that are held or accessed by 
  6.30  CriMNet. 
  6.31     (d) "Audit trail data" are data created, used, or 
  6.32  maintained by CriMNet for the purposes of ensuring and verifying 
  6.33  that CriMNet was only accessed by authorized persons for 
  6.34  authorized purposes. 
  6.35     Subd. 2.  [DATA CLASSIFICATION; DISSEMINATION.] (a) Data 
  6.36  accessed or maintained by CriMNet are subject to the provisions 
  7.1   of section 13.03, subdivision 4, paragraphs (c) and (e).  The 
  7.2   fact that data held by government entities are accessed by 
  7.3   CriMNet does not change the classification of the data in those 
  7.4   government entities.  Except for the exercise of rights by 
  7.5   individuals under this section and section 13.04, access to 
  7.6   CriMNet data is available only as provided by state or federal 
  7.7   law to criminal justice agencies as defined in section 299C.46, 
  7.8   subdivision 2; public defenders as provided in section 611.272; 
  7.9   federal criminal justice agencies as defined in Code of Federal 
  7.10  Regulations, title 28, section 20.3(g); and criminal justice 
  7.11  agencies of other states. 
  7.12     (b) CriMNet data must be released only for the following 
  7.13  purposes: 
  7.14     (1) investigating a crime or act of delinquency; 
  7.15     (2) seeking to apprehend an individual who is fleeing to 
  7.16  avoid prosecution or custody; 
  7.17     (3) enforcing a warrant; 
  7.18     (4) enforcing terms of pretrial release; 
  7.19     (5) seeking an individual who is violating a condition of 
  7.20  probation, conditional release, or supervised release; 
  7.21     (6) determining that an individual may be engaged in 
  7.22  illegal activities; 
  7.23     (7) prosecuting, defending, trying, or sentencing an 
  7.24  individual; 
  7.25     (8) seeking an individual who is likely to have information 
  7.26  necessary to an action described under clauses (1) to (7); and 
  7.27     (9) auditing of data quality, data protection, and system 
  7.28  development and maintenance. 
  7.29     (c) CrimNet data must be released only with the informed 
  7.30  consent of the subject of the data as provided by section 13.05, 
  7.31  subdivision 4.  In the case of data on a juvenile, 
  7.32  notwithstanding section 299C.095, subdivision 1, a minor may not 
  7.33  consent to release of the data, but (i) the minor's parent or 
  7.34  guardian may consent to release, and (ii) an adult may consent 
  7.35  to release of data on the adult that was created when the adult 
  7.36  was a minor. 
  8.1      Subd. 3.  [REQUESTS BY DATA SUBJECT.] If an individual 
  8.2   makes a request for CriMNet data about that individual under 
  8.3   section 13.04, subdivision 3, a local or state law enforcement 
  8.4   agency with access to CriMNet must: 
  8.5      (1) give the individual a list of any state agencies, 
  8.6   political subdivisions, statewide systems, or other entities 
  8.7   that provided data to CriMNet; and 
  8.8      (2) allow the individual to obtain a copy of any public or 
  8.9   private CriMNet data, subject to standards established by the 
  8.10  CriMNet responsible authority, and inform the individual of the 
  8.11  availability of audit trail data from the CriMNet responsible 
  8.12  authority.  The individual must pay a fee of $10 for a copy of 
  8.13  the CriMNet data.  Of this fee, $5 remains with the law 
  8.14  enforcement agency that received the request and $5 must be 
  8.15  forwarded to CriMNet. 
  8.16     Subd. 4.  [AUDIT TRAIL DATA.] (a) Audit trail data must 
  8.17  indicate the purpose for which CriMNet data on an individual was 
  8.18  accessed and the case file number, if available.  Audit trail 
  8.19  data must be retained for ten years. 
  8.20     (b) Audit trail data created during the course of an 
  8.21  investigation are confidential data or protected nonpublic data 
  8.22  while the investigation is active.  When an investigation is no 
  8.23  longer active, as defined by section 13.82, subdivision 7, or if 
  8.24  audit trail data are created as the result of access unrelated 
  8.25  to an active investigation: 
  8.26     (1) audit trail data that identify an entity that requested 
  8.27  or provided CriMNet data about a data subject are nonpublic data 
  8.28  but are accessible to the individual data subject; and 
  8.29     (2) the responsible authority for CriMNet shall, after 
  8.30  consultation with an entity that requested CriMNet data about an 
  8.31  individual data subject, give the data subject audit trail data 
  8.32  that identifies the agent of the entity who made the request if 
  8.33  the responsible authority determines that the data subject's 
  8.34  need to know outweighs the risk of harm disclosure would create 
  8.35  for the agent of the entity or for public safety. 
  8.36     (c) The data subject or the agent of the entity who 
  9.1   requested CriMNet data about a data subject may request a 
  9.2   hearing challenging the responsible authority's determination 
  9.3   under paragraph (b), clause (2).  The data subject or the agent 
  9.4   of the entity who requested CriMNet data about a data subject 
  9.5   may intervene as a party in a hearing requested by another 
  9.6   person.  If a hearing is requested, the responsible authority 
  9.7   must not provide the identifying data to the data subject until 
  9.8   the hearing and any appeal of the decision is complete.  The 
  9.9   hearing must be conducted as a contested case in accordance with 
  9.10  sections 14.57 to 14.62.  The decision of the administrative law 
  9.11  judge is the final decision of the responsible authority, 
  9.12  subject to appeal under sections 14.63 to 14.69.  CriMNet must 
  9.13  pay the Office of Administrative Hearings for the costs of the 
  9.14  hearing under this subdivision.  If the administrative law judge 
  9.15  upholds the decision of the responsible authority, the person 
  9.16  challenging the decision must reimburse CriMNet.  
  9.17     (d) Between the effective date of this subdivision and June 
  9.18  30, 2010, the requirements of this subdivision only apply to (1) 
  9.19  CriMNet; (2) the operation of any new information management 
  9.20  system added to CriMNet; (3) any change or enhancement to an 
  9.21  information management system that is part of CriMNet and that 
  9.22  involves the collection and use of data on individuals; and (4) 
  9.23  any change or enhancement to an information management system, 
  9.24  including changes in hardware or software, that is part of 
  9.25  CriMNet and costs more than $25,000 to implement. 
  9.26  Beginning July 1, 2010, this subdivision applies to CriMNet and 
  9.27  to all information management systems that are a part of CriMNet.
  9.28     Subd. 5.  [SUBSCRIPTION SERVICE.] (a) For purposes of this 
  9.29  subdivision, "subscription service" means a process by which 
  9.30  criminal justice agency personnel may obtain ongoing, automatic 
  9.31  electronic notice of any contacts an individual has with any 
  9.32  criminal justice agency. 
  9.33     (b) Except as otherwise provided by this subdivision, 
  9.34  CriMNet data may be released by a subscription service: 
  9.35     (1) to the subject of the data upon payment of a fee of $30 
  9.36  per year by the subject; 
 10.1      (2) with the informed consent of the subject of the data.  
 10.2   In the case of data on a juvenile, notwithstanding section 
 10.3   299C.095, subdivision 1, a minor may not consent to release of 
 10.4   the data, but (i) the minor's parent or guardian may consent to 
 10.5   release, and (ii) an adult may consent to release of data on the 
 10.6   adult that was created when the adult was a minor; or 
 10.7      (3) as an element of sentencing, probation, conditional 
 10.8   release, or supervised release of which the data subject is 
 10.9   notified before the subscription service is implemented. 
 10.10     (c) CriMNet data on an individual may be released by 
 10.11  subscription service without the request or consent of the data 
 10.12  subject or notice to the data subject to criminal justice agency 
 10.13  personnel for purposes of: 
 10.14     (1) investigating a crime or act of delinquency; 
 10.15     (2) seeking to apprehend an individual who is fleeing to 
 10.16  avoid prosecution or custody; 
 10.17     (3) enforcing a warrant; 
 10.18     (4) enforcing terms of pretrial release; 
 10.19     (5) seeking an individual who is violating a condition of 
 10.20  probation, conditional release, or supervised release; 
 10.21     (6) prosecuting, defending, trying, or sentencing an 
 10.22  individual; 
 10.23     (7) determining that an individual may be engaged in 
 10.24  illegal activities; or 
 10.25     (8) seeking an individual who is likely to have information 
 10.26  necessary to criminal justice agency personnel acting under 
 10.27  clauses (1) to (7).  
 10.28     Subscription service under this paragraph may continue for 
 10.29  up to 30 days. 
 10.30     (d) A criminal justice agency may seek to release or 
 10.31  receive data described in paragraph (c) by subscription service 
 10.32  for a period longer than 30 days by seeking a court order in the 
 10.33  same manner as seeking a search warrant.  To grant the order, 
 10.34  the court must find that one of the purposes listed in paragraph 
 10.35  (c) continues to exist.  The court must specify how long the 
 10.36  subscription service may continue, which must not exceed 18 
 11.1   months without a showing of imminent threat to public safety or 
 11.2   health. 
 11.3      Subd. 6.  [PENALTIES.] A person who violates this section 
 11.4   is subject to the penalties provided by section 13.09. 
 11.5      Subd. 7.  [LEGISLATIVE REVIEW OF ACCESS 
 11.6   MODIFICATIONS.] Notwithstanding any contrary provisions in 
 11.7   section 13.82, any CriMNet feature that would provide access to 
 11.8   data on individuals by an entity that is not subject to this 
 11.9   chapter, other than the judiciary as defined in section 13.90, 
 11.10  must be submitted to the legislature for review before 
 11.11  implementation and must be implemented by a statute, contract, 
 11.12  or interstate compact that addresses data practices issues and 
 11.13  complies with this section. 
 11.14     Sec. 9.  [13.8704] [CRIMINAL JUSTICE SYSTEM IMPLEMENTATION 
 11.15  REPORT.] 
 11.16     Not less than 45 days prior to implementation of an 
 11.17  information management system to be created or maintained by a 
 11.18  state criminal justice agency, the agency must report to the 
 11.19  chairs of the House Committee on Judiciary Policy and Finance, 
 11.20  the House Committee on Civil Law, the Senate Committee on 
 11.21  Judiciary, and the Senate Committee on Finance, State Government 
 11.22  Budget Division the following information:  the entities 
 11.23  participating in creating or maintaining the system, the 
 11.24  responsible authority for the system, the costs of development 
 11.25  and implementation, state statutory or federal law authorization 
 11.26  for the system, information to be shared, and time frame for 
 11.27  implementation.  
 11.28     Sec. 10.  Minnesota Statutes 2002, section 299C.10, 
 11.29  subdivision 1, is amended to read: 
 11.30     Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
 11.31  peace officers, and community corrections agencies operating 
 11.32  secure juvenile detention facilities The initial law enforcement 
 11.33  jurisdiction responsible for a person's arrest or appearance in 
 11.34  court shall take or cause to be taken immediately finger and 
 11.35  thumb prints, photographs, distinctive physical mark 
 11.36  identification data, information on any known aliases or street 
 12.1   names, and other identification data requested or required by 
 12.2   the superintendent of the bureau, of the following: 
 12.3      (1) persons arrested for, appearing in court on a charge 
 12.4   of, or convicted of a felony, gross misdemeanor, or targeted 
 12.5   misdemeanor; 
 12.6      (2) juveniles arrested for, appearing in court on a charge 
 12.7   of, adjudicated delinquent for, or alleged to have committed 
 12.8   felonies or gross misdemeanors as distinguished from those 
 12.9   committed by adult offenders; 
 12.10     (3) persons reasonably believed by the arresting officer to 
 12.11  be fugitives from justice; 
 12.12     (4) persons in whose possession, when arrested, are found 
 12.13  concealed firearms or other dangerous weapons, burglar tools or 
 12.14  outfits, high-power explosives, or articles, machines, or 
 12.15  appliances usable for an unlawful purpose and reasonably 
 12.16  believed by the arresting officer to be intended for such 
 12.17  purposes; and 
 12.18     (5) juveniles referred by a law enforcement agency to a 
 12.19  diversion program for a felony or gross misdemeanor offense. 
 12.20     (b) If the initial law enforcement agency fails to obtain 
 12.21  the required identification data described in paragraph (a), the 
 12.22  sheriff may obtain the required identification data and assess 
 12.23  the cost to the initiating agency. 
 12.24     (c) Unless the superintendent of the bureau requires a 
 12.25  shorter period, within 24 hours the fingerprint records and 
 12.26  other identification data specified under paragraph (a) must be 
 12.27  forwarded to the bureau on such forms and in such manner as may 
 12.28  be prescribed by the superintendent. 
 12.29     (c) (d) Prosecutors, courts, and probation officers and 
 12.30  their agents, employees, and subordinates shall attempt to 
 12.31  ensure that the required identification data is taken on a 
 12.32  person described in paragraph (a).  When it is determined that a 
 12.33  person has not provided the required identification data 
 12.34  described in paragraph (a), the court shall order the sheriff to 
 12.35  obtain that data and the sheriff may assess the cost to the 
 12.36  initiating agency.  
 13.1      (d) (e) For purposes of this section, a targeted 
 13.2   misdemeanor is a misdemeanor violation of section 169A.20 
 13.3   (driving while impaired), 518B.01 (order for protection 
 13.4   violation), 609.224 (fifth degree assault), 609.2242 (domestic 
 13.5   assault), 609.746 (interference with privacy), 609.748 
 13.6   (harassment or restraining order violation), or 617.23 (indecent 
 13.7   exposure). 
 13.8      (f) The criminal justice agencies described in paragraph (a)
 13.9   shall take or cause to be taken fingerprints of persons 
 13.10  currently involved in the criminal justice process, on 
 13.11  probation, on parole, or in custody for the offenses in suspense 
 13.12  whom the superintendent of the bureau identifies as being the 
 13.13  subject of a court disposition record and: 
 13.14     (1) who cannot be linked to an arrest record; 
 13.15     (2) whose fingerprints are necessary in order to maintain 
 13.16  and ensure the accuracy of the bureau's criminal history files, 
 13.17  to reduce the number of suspense files; or 
 13.18     (3) to comply with the mandates of section 299C.111, 
 13.19  relating to the reduction of the number of suspense files.  This 
 13.20  duty to obtain fingerprints for the offenses in suspense at the 
 13.21  request of the bureau shall include the requirement that 
 13.22  fingerprints be taken in postarrest interviews, while making 
 13.23  court appearances, while in custody, or while on any form of 
 13.24  probation, diversion, or supervised release. 
 13.25     Sec. 11.  Minnesota Statutes 2002, section 299C.10, is 
 13.26  amended by adding a subdivision to read: 
 13.27     Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
 13.28  FINGERPRINTING.] The superintendent of the bureau shall inform a 
 13.29  prosecuting authority that a person prosecuted by that authority 
 13.30  is the subject of a court disposition record in suspense which 
 13.31  requires fingerprinting under this section.  Upon being notified 
 13.32  by the superintendent or otherwise learning of the suspense 
 13.33  status of a court disposition record, any prosecuting authority 
 13.34  may bring a motion in district court to compel the taking of the 
 13.35  person's fingerprints upon a showing to the court that the 
 13.36  person is the subject of the court disposition record in 
 14.1   suspense.  
 14.2      Sec. 12.  Minnesota Statutes 2002, section 299C.10, 
 14.3   subdivision 2, is amended to read: 
 14.4      Subd. 2.  [LAW ENFORCEMENT EDUCATION.] The sheriffs and 
 14.5   police officers and their agents, employees, and subordinates 
 14.6   who take finger and thumb prints must obtain training in the 
 14.7   proper methods of taking and transmitting finger prints under 
 14.8   this section consistent with bureau requirements. 
 14.9      Sec. 13.  Minnesota Statutes 2002, section 299C.14, is 
 14.10  amended to read: 
 14.11     299C.14 [INFORMATION ON RELEASED PRISONER.] 
 14.12     It shall be the duty of the officials having charge of the 
 14.13  penal institutions of the state or the release of prisoners 
 14.14  therefrom to furnish to the bureau, as the superintendent may 
 14.15  require, finger and thumb prints, photographs, distinctive 
 14.16  physical mark identification data, other identification data, 
 14.17  modus operandi reports, and criminal records of prisoners 
 14.18  heretofore, now, or hereafter confined in such penal 
 14.19  institutions, together with the period of their service and the 
 14.20  time, terms, and conditions of their discharge.  This duty to 
 14.21  furnish information includes, but is not limited to, requests 
 14.22  for fingerprints as the superintendent of the bureau deems 
 14.23  necessary to maintain and ensure the accuracy of the bureau's 
 14.24  criminal history files, to reduce the number of suspense files, 
 14.25  or to comply with the mandates of section 299C.111 relating to 
 14.26  the reduction of the number of suspense files where a 
 14.27  disposition record is received that cannot be linked to an 
 14.28  arrest record. 
 14.29     Sec. 14.  Minnesota Statutes 2002, section 299C.65, is 
 14.30  amended by adding a subdivision to read: 
 14.31     Subd. 1a.  [DATA CLASSIFICATION.] Data held by and 
 14.32  accessible through CriMNet is classified under section 13.8703. 
 14.33     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
 14.34  611.272, is amended to read: 
 14.35     611.272 [ACCESS TO GOVERNMENT DATA.] 
 14.36     The district public defender, the state public defender, or 
 15.1   an attorney working for a public defense corporation under 
 15.2   section 611.216 has access to the criminal justice data 
 15.3   communications network described in section 299C.46, as provided 
 15.4   in this section.  Access to data under this section is limited 
 15.5   to data regarding the public defender's own client as necessary 
 15.6   to prepare criminal cases in which the public defender has been 
 15.7   appointed, including as follows:  
 15.8      (1) access to data about witnesses in a criminal case shall 
 15.9   be limited to records of criminal convictions; and 
 15.10     (2) access to data regarding the public defender's own 
 15.11  client which includes, but is not limited to, criminal history 
 15.12  data under section 13.87; juvenile offender data under section 
 15.13  299C.095; warrant information data under section 299C.115; 
 15.14  incarceration data under section 299C.14; conditional release 
 15.15  data under section 299C.147; and diversion program data under 
 15.16  section 299C.46, subdivision 5.  
 15.17     The public defender has access to data under this section 
 15.18  whether accessed via CriMNet or other methods.  The public 
 15.19  defender does not have access to law enforcement active 
 15.20  investigative data under section 13.82, subdivision 7; data 
 15.21  protected under section 13.82, subdivision 17; or confidential 
 15.22  arrest warrant indices data under section 13.82, subdivision 19, 
 15.23  or to data systems maintained by a prosecuting attorney.  The 
 15.24  public defender has access to the data at no charge, except for 
 15.25  the monthly network access charge under section 299C.46, 
 15.26  subdivision 3, paragraph (b), and a reasonable installation 
 15.27  charge for a terminal.  Notwithstanding section 13.87, 
 15.28  subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
 15.29  or any other law to the contrary, there shall be no charge to 
 15.30  public defenders for Internet access to the criminal justice 
 15.31  data communications network. 
 15.32     Sec. 16.  [REPORTS REQUIRED.] 
 15.33     (a) The Juvenile and Criminal Information Task Force 
 15.34  established under Minnesota Statutes, section 299C.65, shall 
 15.35  study and prepare recommendations for policy group consideration 
 15.36  of the following: 
 16.1      (1) advisability of providing Web-based access to CriMNet 
 16.2   data by data subjects; 
 16.3      (2) advisability of use of CriMNet data for noncriminal 
 16.4   justice background checks without the consent of the data 
 16.5   subject; 
 16.6      (3) advisability of providing public access; 
 16.7      (4) standards for dissemination of CriMNet data to entities 
 16.8   that are not subject to Minnesota Statutes, chapter 13; 
 16.9      (5) retention schedules for CriMNet data; 
 16.10     (6) effect of federal requirements on the rights of 
 16.11  individuals under Minnesota Statutes, chapter 13; and 
 16.12     (7) implementing the Minnesota Government Data Practices 
 16.13  Act and court rules of access requirements regarding disclosure 
 16.14  of disputed data held by CriMNet. 
 16.15     (b) The report must be submitted pursuant to Minnesota 
 16.16  Statutes, section 299C.65, subdivision 3, and is due no later 
 16.17  than December 1, 2004.  
 16.18     (c) The commissioner of administration must study and 
 16.19  prepare recommendations on possibilities for the state to 
 16.20  maximize its return on investments in information management 
 16.21  systems.  The report must be submitted to the chair of the House 
 16.22  Committee on State Government Finance and the chair of the 
 16.23  Senate Committee on Finance, State Government Budget Division by 
 16.24  January 15, 2005. 
 16.25     Sec. 17.  [EFFECTIVE DATE.] 
 16.26     This act is effective the day following final enactment.