HF 3399

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing a Minnesota illegal immigration
enforcement team to implement an illegal immigration strategy; requiring law
enforcement offices to collect citizenship and immigration status data; requiring
the Bureau of Criminal Apprehension to maintain a citizenship and immigration
data field in the bureau's criminal history database; requiring the Bureau of
Criminal Apprehension superintendent to periodically supply the Minnesota
illegal immigration enforcement team with statistics on crimes committed by
individuals with illegal alien status; amending Minnesota Statutes 2004, section
299C.10, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections
299C.10, subdivision 1; 299C.11, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 299A; 299C.

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

Section 1.

new text begin [299A.69] ILLEGAL IMMIGRATION ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Memorandums of understanding. new text end

new text begin The commissioner of public
safety may enter into memorandums of understanding or otherwise coordinate with the
United States Department of Justice and the United States Department of Homeland
Security to have state law enforcement officers enforce federal immigration laws in the
state. State law enforcement officers designated to enforce federal immigration laws must
participate in the preassignment training established under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Immigration enforcement training. new text end

new text begin The commissioner of public safety,
in consultation with representatives of the United States Department of Justice and the
United States Department of Homeland Security, shall develop a course to train state law
enforcement officers to enforce federal immigration laws. The course must comply with
applicable federal training guidelines and cover immigration law, immigrant questioning,
immigrant detention and arrest, civil rights, public complaint procedures, antiracial
profiling procedures, and other topics necessary to prepare state law enforcement officers
to enforce federal immigration laws.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota illegal immigration enforcement team. new text end

new text begin The Minnesota illegal
immigration enforcement team (MIIET) is established. The commissioner of public safety
shall convene and direct the enforcement team. MIIET shall be comprised of at least ten
law enforcement officers who have completed the course the commissioner develops
under subdivision 2. The commissioner shall develop, and use MIIET to implement, an
illegal immigration enforcement strategy for state and local law enforcement agencies.
MIIET shall assist local units of government in investigating and apprehending illegal
immigrants. The team shall focus its time and resources on identifying and apprehending
illegal immigrants who are involved in felony level criminal activity.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 299C.10, subdivision 1, is
amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names,
new text begin citizenship and immigration status, new text end and other identification data requested or required by
the superintendent of the bureau, of the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) persons reasonably believed by the arresting officer to be fugitives from justice;

(4) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(5) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(6) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for the offenses in suspense whom the superintendent of the bureau
identifies as being the subject of a court disposition record which cannot be linked to an
arrest record, and whose fingerprints are necessary in order to maintain and ensure the
accuracy of the bureau's criminal history files, to reduce the number of suspense files, or
to comply with the mandates of section 299C.111, relating to the reduction of the number
of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
request of the bureau shall include the requirement that fingerprints be taken in post-arrest
interviews, while making court appearances, while in custody, or while on any form of
probation, diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
the fingerprint records and other identification data specified under paragraph (a) must
be forwarded to the bureau on such forms and in such manner as may be prescribed by
the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent
exposure).

Sec. 3.

Minnesota Statutes 2004, section 299C.10, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Citizenship data maintenance requirements. new text end

new text begin The law enforcement
officer who collects arrestee information under subdivision 1 shall request from
each arrestee primary identification documents to establish the person's citizenship
and immigration status. If the officer is unable to verify an arrestee's citizenship or
immigration status, the officer must contact federal immigration authorities and request
an immigration status check. When transferring identification data to the bureau under
section 299C.11, the sheriff or chief of police shall identify each arrestee's citizenship
and immigration status. If the person is not a United States citizen, arrestee immigration
status must be coded as one of the following:
new text end

new text begin (1) legal immigrant;
new text end

new text begin (2) legal visa-holder;
new text end

new text begin (3) status uncertain; or
new text end

new text begin (4) illegal alien.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 299C.11, subdivision 1, is
amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, new text begin citizenship and immigration status data,
new text end and other identification data as may be requested or required by the superintendent of the
bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs
and chiefs of police shall furnish this identification data to the bureau for individuals found
to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within
the ten years immediately preceding their arrest. When the bureau learns that an individual
who is the subject of a background check has used, or is using, identifying information,
including, but not limited to, name and date of birth, other than those listed on the criminal
history, the bureau may add the new identifying information to the criminal history when
supported by fingerprints.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 5.

new text begin [299C.146] CITIZENSHIP AND IMMIGRATION DATA.
new text end

new text begin (a) The superintendent of the Bureau of Criminal Apprehension shall maintain both
a citizenship and immigration data field in the bureau's criminal history database. Each
offender file entered or updated on or after July 1, 2007, must have the citizenship data
field completed and, if the person is not a United States citizen, the immigration data field
completed with one of the following designations: legal immigrant, legal visa-holder,
status uncertain, or illegal alien.
new text end

new text begin (b) To the degree feasible, the superintendent shall maintain, update, and correct
citizenship and immigration information required under section 299C.10, subdivision
1b, and facilitate appropriate law enforcement access to this data. The Minnesota
illegal immigration enforcement team established in section 299A.69 shall assist the
superintendent in development and maintenance of the citizenship data field.
new text end

new text begin (c) The superintendent shall periodically supply the Minnesota illegal immigration
enforcement team with data statistics concerning the number of crimes committed by
individuals with uncertain or illegal alien status as reported to the bureau under section
299C.11, subdivision 1. The enforcement team may use the "status uncertain" designation
as a potential indicator of illegal immigration status during investigations.
new text end