SF 3342

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing for an e-charging service; requiring
fingerprinting; amending Minnesota Statutes 2006, sections 13.871, by adding a
subdivision; 299C.10, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 299C.

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

Section 1.

Minnesota Statutes 2006, section 13.871, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin E-charging. new text end

new text begin Data in e-charging is governed by section 299C.41.
new text end

Sec. 2.

Minnesota Statutes 2006, section 299C.10, subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

new text begin (3) adults and juveniles admitted to jails or detention facilities;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end persons reasonably believed by the arresting officer to be fugitives from
justice;

deleted text begin (4) deleted text end new text begin (5) new text end persons in whose possession, when arrested, are found concealed firearms
or other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

deleted text begin (5) deleted text end new text begin (6) new text end juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

deleted text begin (6) deleted text end new text begin (7) new text end persons currently involved in the criminal justice process, on probation, on
parole, or in custody for the offenses in suspense whom the superintendent of the bureau
identifies as being the subject of a court disposition record which cannot be linked to an
arrest record, and whose fingerprints are necessary in order to maintain and ensure the
accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
comply with the mandates of section 299C.111, relating to the reduction of the number
of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
request of the bureau shall include the requirement that fingerprints be taken in post-arrest
interviews, while making court appearances, while in custody, or while on any form of
probation, diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
the fingerprint records and other identification data specified under paragraph (a) must
be forwarded to the bureau on such forms and in such manner as may be prescribed by
the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

new text begin (d) Finger and thumb prints must be obtained no later than:
new text end

new text begin (1) release from booking; or
new text end

new text begin (2) if not booked prior to acceptance of a plea of guilty or not guilty.
new text end

new text begin Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the
taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
this time period may be extended upon a showing that additional time in custody is
essential for the successful taking of prints.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end For purposes of this section, a targeted misdemeanor is a misdemeanor
violation of section 169A.20 (driving while impaired), 518B.01 (order for protection
violation), 609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining order violation), or 617.23
(indecent exposure).

Sec. 3.

new text begin [299C.41] E-CHARGING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Auditing data" means data in e-charging that document:
new text end

new text begin (1) who took a particular action;
new text end

new text begin (2) when the action took place;
new text end

new text begin (3) the Internet Protocol address of the computer used to take the action;
new text end

new text begin (4) the identification number of the organization employing the individual taking
action;
new text end

new text begin (5) what action was taken;
new text end

new text begin (6) the unique identification for the document against which the action was taken;
new text end

new text begin (7) the purpose for taking the action;
new text end

new text begin (8) the date and time the request was received by the e-charging system; and
new text end

new text begin (9) the identification number of the system from which the request originated.
new text end

new text begin (c) "Credentialed individual" means an individual who has provided credentialing
data to a government entity or a court and has been authorized to use e-charging.
new text end

new text begin (d) "Credentialing data" means data in e-charging that document for an individual
who is or was authorized to use e-charging:
new text end

new text begin (1) user identification;
new text end

new text begin (2) password; and
new text end

new text begin (3) jurisdiction identification.
new text end

new text begin For law enforcement officers, credentialing data also includes a biometric identifier.
For notaries public, credentialing data also includes an e-notary digital certificate.
new text end

new text begin (e) "E-charging" means a service operated by the Bureau of Criminal Apprehension
to provide communication and workflow tools for law enforcement, prosecutors, and the
courts to use during the process of charging a person with a crime.
new text end

new text begin (f) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end

new text begin (g) "Individual" has the meaning given in section 13.02, subdivision 8.
new text end

new text begin (h) "Workflow and routing data" means data in e-charging that document:
new text end

new text begin (1) the assignment or reassignment of a document to a person or place;
new text end

new text begin (2) any deadline for the action on the assignment; and
new text end

new text begin (3) validation that the needed action has been completed.
new text end

new text begin Subd. 2. new text end

new text begin Data classification. new text end

new text begin (a) Credentialing data held by a government entity
are classified as private data on individuals as defined in section 13.02, subdivision 12, or
nonpublic data as defined in section 13.02, subdivision 9.
new text end

new text begin (b) Auditing data and workflow and routing data maintained by the Bureau of
Criminal Apprehension are classified as confidential data on individuals as defined in
section 13.02, subdivision 3, or protected nonpublic data as defined in section 13.02,
subdivision 13. The same data maintained by any other government entity are classified
as provided by other law.
new text end

new text begin Subd. 3. new text end

new text begin Data sharing authorized. new text end

new text begin (a) Auditing data, workflow and routing data, or
credentialing data must be disclosed to a credentialed individual to resolve issues about
the integrity of data at issue in a pending criminal matter. No use outside the pending
criminal matter is authorized and no recipient can redisclose the data that are received.
To the extent that court rules make the data accessible to the public, they are accessible
in the court records.
new text end

new text begin (b) Auditing, workflow and routing data, or credentialing data must be disclosed to
a defendant in a pending criminal matter when the data are relevant to the individual's
defense as defined in the Rules of Criminal Procedure. Relevance must be determined by
the court using the standard set in Rules of Criminal Procedure, rule 9.01, subdivision
2(1). If the data are found to be relevant, the court must issue an order directing disclosure
and send it to the Bureau of Criminal Apprehension. Disclosure cannot be made unless
the court's order provides the full name and date of birth of the defendant, the law
enforcement agency number, the law enforcement case number connected to the charge,
the specific data to be disclosed, and that the recipient must not redisclose the data. The
bureau shall provide the data to the defendant's attorney and the prosecutor. The data may
not be used outside the pending criminal matter and a recipient may not redisclose the data
that are received. To the extent that court rules make the data accessible to the public,
they are accessible in the court records.
new text end

new text begin (c) Auditing data, workflow and routing data, or credentialing data may be disclosed
to an employee of a government entity or court who has been accused of inappropriate
access to, or use of data in, e-charging and to the employee's employer. The data may not
be used outside the pending employee disciplining case and a recipient may not redisclose
the data that are received. To the extent that section 13.43 or court rules require the
disclosure of the data as part of the final disposition of discipline against an employee,
the data are public.
new text end

new text begin (d) Auditing data, workflow and routing data, or credentialing data may be disclosed
as part of a criminal or civil matter against a person for unauthorized access to, or use
of data in, e-charging. The data may not be used outside the civil or criminal case and
a recipient may not redisclose the data that are received. To the extent that the rules of
public access to records of the judicial branch make the data accessible to the public,
they are accessible in the court records.
new text end

new text begin Subd. 4. new text end

new text begin Responding to data requests. new text end

new text begin When the Bureau of Criminal Apprehension
receives a request under chapter 13 for access to data in e-charging that are not auditing
data, credentialing data, or workflow and routing data held by the Bureau of Criminal
Apprehension, the Bureau of Criminal Apprehension shall direct the requester to all
government entities that have created the requested data. As part of its response, the
Bureau of Criminal Apprehension shall provide the requester with the name, address, and
telephone number for the responsible authority for the government entity.
new text end