HF 1945

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; requiring certain peace 
  1.3             officer reports relating to domestic abuse to be 
  1.4             released upon request to victims and their attorneys; 
  1.5             amending Minnesota Statutes 2002, sections 13.82, 
  1.6             subdivision 5; 629.341, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.82, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
  1.11  required by section 629.341, subdivision 4, of an alleged 
  1.12  incident described in section 629.341, subdivision 1, and arrest 
  1.13  data, request for service data, and response or incident data 
  1.14  described in subdivision 2, 3, or 6 that arise out of this type 
  1.15  of incident or out of an alleged violation of an order for 
  1.16  protection must be released upon request at no cost to the 
  1.17  victim of domestic abuse, the victim's attorney, or an 
  1.18  organization designated by the Minnesota Center for Crime 
  1.19  Victims Services, the Department of Corrections, or the 
  1.20  Department of Public Safety as providing services to victims of 
  1.21  domestic abuse.  The executive director or the commissioner of 
  1.22  the appropriate state agency shall develop written criteria for 
  1.23  this designation in consultation with the Advisory Council on 
  1.24  Battered Women and Domestic Abuse. 
  1.25     Sec. 2.  Minnesota Statutes 2002, section 629.341, 
  1.26  subdivision 4, is amended to read: 
  2.1      Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
  2.2   investigates an allegation that an incident described in 
  2.3   subdivision 1 has occurred, whether or not an arrest is made, 
  2.4   the officer shall make a written police report of the alleged 
  2.5   incident.  The report must contain at least the following 
  2.6   information:  the name, address and telephone number of the 
  2.7   victim, if provided by the victim, a statement as to whether an 
  2.8   arrest occurred, the name of the arrested person, and a brief 
  2.9   summary of the incident.  Data that identify a victim who has 
  2.10  made a request under section 13.82, subdivision 17, paragraph 
  2.11  (d), and that are private data under that subdivision, shall be 
  2.12  private in the report required by this section.  A copy of this 
  2.13  report must be provided upon request, at no cost, to the victim 
  2.14  of domestic abuse, the victim's attorney, or organizations 
  2.15  designated by the Minnesota Crime Victims Services Center, the 
  2.16  Department of Public Safety, or the commissioner of corrections 
  2.17  that are providing services to victims of domestic abuse.  The 
  2.18  officer shall submit the report to the officer's supervisor or 
  2.19  other person to whom the employer's rules or policies require 
  2.20  reports of similar allegations of criminal activity to be made.