HF 2919

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic violence; requiring the domestic 
  1.3             fatality review committee to collect data relating to 
  1.4             domestic violence deaths; amending Laws 1999, chapter 
  1.5             216, article 2, section 27, by adding subdivisions. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Laws 1999, chapter 216, article 2, section 27, 
  1.8   is amended by adding a subdivision to read: 
  1.9      Subd. 3a.  [DUTIES; ACCESS TO DATA.] (a) The domestic 
  1.10  fatality review team shall collect, review, and analyze death 
  1.11  certificates and death data, including investigative reports; 
  1.12  medical and counseling records; victim service records; 
  1.13  employment records; child abuse reports; or other information 
  1.14  concerning domestic violence deaths; survivor interviews and 
  1.15  surveys; and other information deemed by the team as necessary 
  1.16  and appropriate concerning the causes and manner of domestic 
  1.17  violence deaths. 
  1.18     (b) As part of any review, the domestic fatality review 
  1.19  team may compel the production of records by applying to the 
  1.20  district court for a subpoena, which will be effective 
  1.21  throughout the state according to the rules of civil procedure.  
  1.22  The review team has access to the following not public data, as 
  1.23  defined in Minnesota Statutes, section 13.02, subdivision 8a, 
  1.24  relating to a case being reviewed by the team:  police 
  1.25  investigative data; autopsy records and coroner or medical 
  2.1   examiner investigative data; hospital, public health, or other 
  2.2   medical records of the victim; and records created by social 
  2.3   service agencies that provided services to the victim, the 
  2.4   alleged perpetrator, or another victim who experienced or was 
  2.5   threatened with domestic abuse by the perpetrator.  Access to 
  2.6   medical records under this paragraph also includes records 
  2.7   governed by Minnesota Statutes, section 144.335. 
  2.8      Sec. 2.  Laws 1999, chapter 216, article 2, section 27, is 
  2.9   amended by adding a subdivision to read: 
  2.10     Subd. 3b.  [CONFIDENTIALITY; DATA PRIVACY.] A person 
  2.11  attending a domestic fatality review team meeting may not 
  2.12  disclose what transpired at the meeting, except to carry out the 
  2.13  purposes of the review team.  The proceedings and records of the 
  2.14  review team are protected nonpublic data as defined in Minnesota 
  2.15  Statutes, section 13.02, subdivision 13, regardless of their 
  2.16  classification in the hands of the person who provided the data, 
  2.17  and are not subject to discovery or introduction into evidence 
  2.18  in a civil or criminal action against a professional, the state 
  2.19  or a county agency, arising out of the matters the team is 
  2.20  reviewing.  Information, documents, and records otherwise 
  2.21  available from other sources are not immune from discovery or 
  2.22  use in a civil or criminal action solely because they were 
  2.23  presented during proceedings of the review team.  This section 
  2.24  does not limit a person who presented information before the 
  2.25  review team or who is a member of the panel from testifying 
  2.26  about matters within the person's knowledge.  However, in a 
  2.27  civil or criminal proceeding, a person may not be questioned 
  2.28  about the person's presentation of information to the review 
  2.29  team or opinions formed by the person as a result of the review 
  2.30  team meetings. 
  2.31     Sec. 3.  Laws 1999, chapter 216, article 2, section 27, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 3c.  [IMMUNITY.] Members of the fourth judicial 
  2.34  district domestic fatality advisory board, members of the 
  2.35  domestic fatality review team, and members of each review panel, 
  2.36  as well as their agents or employees, are immune from claims and 
  3.1   are not subject to any suits, liability, damages, or any other 
  3.2   recourse, civil or criminal, arising from any act, proceeding, 
  3.3   decision, or determination undertaken or performed or 
  3.4   recommendation made by the domestic fatality review team, 
  3.5   provided they acted in good faith and without malice in carrying 
  3.6   out their responsibilities.  Good faith is presumed until proven 
  3.7   otherwise and the complainant has the burden of proving malice 
  3.8   or a lack of good faith.  No organization, institution, or 
  3.9   person furnishing information, data, testimony, reports, or 
  3.10  records to the domestic fatality review team as part of an 
  3.11  investigation is civilly or criminally liable or subject to any 
  3.12  other recourse for providing the information.