HF 3736

as introduced - 86th Legislature (2009 - 2010) Posted on 03/25/2010 12:02pm

A bill for an act
relating to public safety; requiring audits on the gang pointer file to be conducted
at least once every two years; implementing five-year purges and parental
notifications for local gang evidence databases; creating a working group on
gang evidence databases; amending Minnesota Statutes 2008, section 299C.091,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2008, section 299C.091, subdivision 4, is amended to
read:

Subd. 4.

Audit of data submitted to system new text begin ; reports new text end .

new text begin (a) At least once every two
years, new text end the bureau shall conduct periodic random audits of data under subdivision 2 that
documents inclusion of an individual in new text begin , and removal of an individual from, new text end the criminal
gang investigative data system for the purpose of determining the validity, completeness,
and accuracy of data submitted to the system. The bureau has access to the documenting
data for purposes of conducting an audit. new text begin By October 1 of each year, the bureau shall
submit a report on the results of the audits to the commissioner of public safety.
new text end

new text begin (b) If any audit requirements under federal rule or statute overlap with requirements
in paragraph (a), the audit required by paragraph (a) may be done in conjunction with the
federal audit to the extent they overlap. Nothing in this paragraph shall be construed to
eliminate any audit requirements specified in this subdivision.
new text end

Sec. 2.

new text begin [626.8442] CRIMINAL GANG INVESTIGATIVE AND EVIDENCE
DATABASES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties of agencies. new text end

new text begin A law enforcement agency that administers and
maintains a computerized database for the purposes of identifying gang members and
investigating and prosecuting criminal activity by gang members shall:
new text end

new text begin (1) destroy data entered into the database when five years have elapsed since the
data were entered into the system; and
new text end

new text begin (2) promptly notify a parent or legal guardian, if known, of an individual under
the age of 18 who is included in the database, except in active or ongoing criminal
investigations or in cases where notice may threaten an individual's personal safety. If
the agency does not send notice as prescribed in this clause, the agency shall cause a
written report to be made in the database record stating the agency's reasonable belief
that an exception exists.
new text end

new text begin Subd. 2. new text end

new text begin Report by agencies; parental notification. new text end

new text begin (a) By July 1, 2011, any law
enforcement agency that is subject to subdivision 1 shall file a report with the Bureau of
Criminal Apprehension that includes the following information:
new text end

new text begin (1) a description of the agency's parental notification process;
new text end

new text begin (2) the number of notifications that were sent by the agency;
new text end

new text begin (3) the number of notifications that were not sent by the agency because an exception
existed or because the agency could not locate a parent or legal guardian; and
new text end

new text begin (4) any feedback on the parental notification process from recipients of the notices,
community members, or peace officers.
new text end

new text begin (b) The Bureau of Criminal Apprehension shall review, analyze, and summarize the
information collected from law enforcement agencies on the parental notification process
under paragraph (a). By December 1, 2011, the bureau shall file a report with the chairs of
the senate and house of representatives committees and divisions having jurisdiction over
criminal justice policy and funding that provides the following:
new text end

new text begin (1) a summary of the information collected from all of the law enforcement
agencies; and
new text end

new text begin (2) any recommendations for legislation or policies based on its review and analysis
of the information.
new text end

new text begin Subd. 3. new text end

new text begin Working group. new text end

new text begin By September 1, 2010, chairs of the house Public Safety
Finance Division and Public Safety Policy and Oversight Committee and the chairs of
the senate Judiciary Committee and Public Safety Budget Division shall jointly appoint a
working group to study and develop legislation to govern the usage and maintenance of
databases identified in subdivision 1. As part of its study, the working group shall identify
and review federal, state, and local laws and regulations that apply to similar databases
maintained by the federal government or other states or local governments.
new text end