HF 4424

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:35pm

A bill for an act
relating to government data practices; requiring disclosure of personnel data on
peace officers and other potential government witnesses to a prosecuting authority
to comply with the authority's constitutional disclosure obligations; amending
Minnesota Statutes 2022, sections 13.03, subdivision 6; 13.43, by adding a
subdivision; 626.8457, subdivision 3; Minnesota Statutes 2023 Supplement, section
626.8457, subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 13.03, subdivision 6, is amended to read:

Subd. 6.

Discoverability of not public data.

new text begin (a) new text end If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.

The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.

If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining,
denying, or describing an act of physical or sexual abuse, the presiding officer shall consider
the provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject
to the protections under chapter 5B or section 13.045, the presiding officer shall consider
the provisions of section 5B.11.

new text begin (b) This subdivision does not apply to requests by a prosecuting authority to review
government data for the purposes of complying with the prosecuting authority's constitutional
obligation to disclose evidence to a criminal defendant.
new text end

Sec. 2.

Minnesota Statutes 2022, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Required disclosures by prosecuting authority. new text end

new text begin (a) Notwithstanding any
other provision of this section, and regardless of the data's classification, a responsible
authority must release personnel data of an individual to a prosecuting authority if the
individual may be a witness in a criminal prosecution and the prosecuting authority requests
the information for the purposes of complying with a constitutional obligation to disclose
evidence to a criminal defendant. The prosecuting authority is not required to obtain a court
order for the release of this personnel data. If the prosecuting authority determines that
personnel data that is not public data must be disclosed to the defendant, the classification
of the data does not change, and the prosecuting authority must secure a protective order
prior to disclosure to the defendant. Nothing in this subdivision prohibits a standing request
by a prosecuting authority to a government entity for real-time personnel data of potential
witnesses.
new text end

new text begin (b) A government entity or person that releases personnel data to a prosecuting authority
under paragraph (a) is immune from civil and criminal liability, including any liability under
section 13.08, unless the government entity or person presented false information to the
prosecuting authority with the intention of causing reputational harm to the subject of the
personnel data.
new text end

Sec. 3.

Minnesota Statutes 2022, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
Council in accomplishing the council's duties; and

(3) allow for the board, the Ensuring Police Excellence and Improving Community
Relations Advisory Council, and the board's complaint investigation committee to identify
patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

new text begin (f) The board shall make all individual peace officer data submitted under paragraph (b)
accessible to a prosecuting authority for purposes of complying with the constitutional
obligation to disclose evidence to a criminal defendant. If the prosecuting authority
determines that personnel data that is not public data, as defined by section 13.02, subdivision
8a, must be disclosed to the defendant, the classification of the data does not change, and
the prosecuting authority must secure a protective order prior to disclosure to the defendant.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 626.8457, subdivision 5, is amended
to read:

Subd. 5.

Immunity from liability.

A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board new text begin or a prosecuting authority new text end under subdivisions 3 and 4, unless
the chief law enforcement officer, city, county, or public official or employees of the law
enforcement agency presented false information to the board new text begin or a prosecuting authority new text end with
the intention of causing reputational harm to the peace officer.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end