HF 3950

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

  1.1                          A bill for an act 
  1.2             relating to public defense; authorizing access to 
  1.3             various criminal and juvenile justice databases for 
  1.4             purposes of criminal defense; amending Minnesota 
  1.5             Statutes 1998, sections 299C.147, subdivisions 2 and 
  1.6             3; 299C.46, subdivision 3, and by adding a 
  1.7             subdivision; Minnesota Statutes 1999 Supplement, 
  1.8             section 299C.095, subdivision 1; proposing coding for 
  1.9             new law in Minnesota Statutes, chapter 611. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.12  299C.095, subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
  1.14  and maintain the computerized juvenile history record system 
  1.15  based on sections 260B.171 and 260C.171 and other statutes 
  1.16  requiring the reporting of data on juveniles.  The data in the 
  1.17  system are private data as defined in section 13.02, subdivision 
  1.18  12, but are accessible to criminal justice agencies as defined 
  1.19  in section 13.02, subdivision 3a, to all trial courts and 
  1.20  appellate courts, to a person who has access to the juvenile 
  1.21  court records as provided in sections 260B.171 and 260C.171 or 
  1.22  under court rule, to the district public defender, the state 
  1.23  public defender, or an attorney working for a public defense 
  1.24  corporation under section 611.216, as to their clients only, and 
  1.25  to criminal justice agencies in other states in the conduct of 
  1.26  their official duties. 
  1.27     (b) Except for access authorized under paragraph (a), the 
  2.1   bureau shall only disseminate a juvenile adjudication history 
  2.2   record in connection with a background check required by statute 
  2.3   or rule and performed on a licensee, license applicant, or 
  2.4   employment applicant or performed under section 624.713.  A 
  2.5   consent for release of information from an individual who is the 
  2.6   subject of a juvenile adjudication history is not effective and 
  2.7   the bureau shall not release a juvenile adjudication history 
  2.8   record and shall not release information in a manner that 
  2.9   reveals the existence of the record. 
  2.10     Sec. 2.  Minnesota Statutes 1998, section 299C.147, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
  2.13  maintain a computerized data system for the purpose of assisting 
  2.14  criminal justice agencies in monitoring and enforcing the 
  2.15  conditions of conditional release imposed on criminal offenders 
  2.16  by a sentencing court or the commissioner of corrections.  The 
  2.17  data in the system are private data as defined in section 13.02, 
  2.18  subdivision 12, but are accessible to criminal justice agencies 
  2.19  as defined in section 13.02, subdivision 3a, to the district 
  2.20  public defender, the state public defender, or an attorney 
  2.21  working for a public defense corporation under section 611.216, 
  2.22  as to their clients only, and to criminal justice agencies in 
  2.23  other states in the conduct of their official duties.  
  2.24     Sec. 3.  Minnesota Statutes 1998, section 299C.147, 
  2.25  subdivision 3, is amended to read: 
  2.26     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
  2.27  criminal justice agencies may submit data to and obtain data 
  2.28  from the conditional release data system.  The commissioner of 
  2.29  corrections may require that any or all information be submitted 
  2.30  to the conditional release data system.  A consent to the 
  2.31  release of data in the conditional release data system from the 
  2.32  individual who is the subject of the data is not effective.  
  2.33     Sec. 4.  Minnesota Statutes 1998, section 299C.46, is 
  2.34  amended by adding a subdivision to read: 
  2.35     Subd. 2b.  [PUBLIC DEFENDER DEFINED.] For the purposes of 
  2.36  sections 299C.46 to 299C.49, "public defender" means the 
  3.1   district public defender, the state public defender, or an 
  3.2   attorney working for a public defense corporation under section 
  3.3   611.216. 
  3.4      Sec. 5.  Minnesota Statutes 1998, section 299C.46, 
  3.5   subdivision 3, is amended to read: 
  3.6      Subd. 3.  [AUTHORIZED USE, FEE.] (a) The criminal justice 
  3.7   data communications network shall be used exclusively by: 
  3.8      (1) criminal justice agencies in connection with the 
  3.9   performance of duties required by law; 
  3.10     (2) agencies investigating federal security clearances of 
  3.11  individuals for assignment or retention in federal employment 
  3.12  with duties related to national security, as required by Public 
  3.13  Law Number 99-1691; 
  3.14     (3) other agencies to the extent necessary to provide for 
  3.15  protection of the public or property in an emergency or disaster 
  3.16  situation; 
  3.17     (4) noncriminal justice agencies statutorily mandated, by 
  3.18  state or national law, to conduct checks into state databases 
  3.19  prior to disbursing licenses or providing benefits; and 
  3.20     (5) the public authority responsible for child support 
  3.21  enforcement in connection with the performance of its duties; 
  3.22  and 
  3.23     (6) the public defender, as to their clients only, in 
  3.24  connection with the performance of duties required to prepare 
  3.25  criminal cases in which the public defender has been appointed.  
  3.26     (b) The commissioner of public safety shall establish a 
  3.27  monthly network access charge to be paid by each participating 
  3.28  criminal justice agency.  The network access charge shall be a 
  3.29  standard fee established for each terminal, computer, or other 
  3.30  equipment directly addressable by the data communications 
  3.31  network, as follows:  January 1, 1984 to December 31, 1984, $40 
  3.32  connect fee per month; January 1, 1985 and thereafter, $50 
  3.33  connect fee per month.  
  3.34     (c) The commissioner of public safety is authorized to 
  3.35  arrange for the connection of the data communications network 
  3.36  with the criminal justice information system of the federal 
  4.1   government, any adjacent state, or Canada. 
  4.2      Sec. 6.  [611.272] [ACCESS TO GOVERNMENT DATA.] 
  4.3      The district public defender, the state public defender, or 
  4.4   an attorney working for a public defense corporation under 
  4.5   section 611.216 shall have content-limited access to the 
  4.6   criminal justice data communications network described in 
  4.7   section 299C.46.  Access under this section shall include only 
  4.8   data regarding the public defender's own client necessary to 
  4.9   prepare criminal cases in which the public defender has been 
  4.10  appointed, including, but not limited to, criminal history data 
  4.11  as defined under section 13.87; juvenile offender data under 
  4.12  section 299C.095; warrant information data under section 
  4.13  299C.115; conditional release data under section 299C.147; 
  4.14  diversion program data under section 299C.46, subdivision 5; and 
  4.15  incarceration data under section 299C.14.  In no event shall 
  4.16  this include access to law enforcement active investigative data 
  4.17  under section 13.82, subdivision 5; data protected pursuant to 
  4.18  section 13.82, subdivision 10; or confidential arrest warrant 
  4.19  indices data under section 13.82, subdivision 12.  The access to 
  4.20  the data shall be at no charge to the public defender, except 
  4.21  for the monthly network access charge under section 299C.46, 
  4.22  subdivision 3, paragraph (b), and a reasonable installation 
  4.23  charge for a terminal.