HF 3797

as introduced - 86th Legislature (2009 - 2010) Posted on 04/26/2010 11:21am

A bill for an act
relating to public safety; requiring law enforcement agencies to adopt policies
for maintaining gang investigative and evidence databases; proposing coding for
new law in Minnesota Statutes, chapter 626.

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

Section 1.

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 Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given them:
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new text begin (1) "criminal gang investigative and evidence database" means a computerized
database maintained and administered by a law enforcement agency for purposes of
identifying gang members and for purposes of investigating and prosecuting criminal
activity by gang members; and
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new text begin (2) "law enforcement agency" means a unit of local government that is authorized by
law to grant full powers of arrest and to charge a person with the duties of preventing and
detecting crime and enforcing the general criminal laws of the state.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin (a) Beginning October 1, 2010, the chief law
enforcement officer of any law enforcement agency that maintains or administers a
criminal gang investigative and evidence database shall establish and enforce a written
policy governing the following:
new text end

new text begin (1) collection and inclusion of data in the database;
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new text begin (2) accessing, utilizing, disseminating, and safeguarding data contained in the
database; and
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new text begin (3) retention periods for data and removal of data from the database.
new text end

new text begin The policy adopted by the chief law enforcement officer shall comply with the
guidelines provided in Code of Federal Regulations, title 28, part 23.
new text end

new text begin (b) Every law enforcement agency must certify annually to the board that it has
adopted a written policy in compliance with paragraph (a) or that it does not maintain or
administer a criminal gang investigative and evidence database.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end