Minnesota Legislature
HF 3352
as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 04:27pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/03/2010 |
Current Version - as introduced
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A bill for an act
relating to public safety; modifying fire safety provisions to require state fire
marshal to coordinate investigation of fatal fires; clarifying or removing obsolete,
redundant, or unnecessary language; amending Minnesota Statutes 2008, section
299F.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 299F.04, is amended to read:
299F.04 ORIGIN OF FIRE INVESTIGATED.
Subdivision 1.
Duty.
new text begin (a) new text end The chief of the fire department of each new text begin statutory or home
rule charter new text end city in which a fire department is established, deleted text begin anddeleted text end the mayor of each new text begin home
rule charter new text end city in which no fire department exists, deleted text begin anddeleted text end the president of the deleted text begin statutory city
boarddeleted text end new text begin city council new text end of each statutory city in which no fire department exists, and the town
clerk of each town without the limits of any deleted text begin city ordeleted text end statutory new text begin or home rule charter new text end city,
shall investigate, or cause to be investigated, the cause, origin, and circumstances of each
fire occurring in the deleted text begin city, statutorydeleted text end city or town by which property has been destroyed or
damaged when the damage exceeds $100, except that allnew text begin fatal fires andnew text end fires of unknown
origin shall be reportednew text begin to the state fire marshalnew text end , and shall especially make investigation as
to whether the fire was the result of carelessness, accident, or design.
new text begin
(b) The fire chief, mayor, council president, or town clerk shall expeditiously
notify the state fire marshal of any fatal fire. The state fire marshal shall coordinate the
investigation into the cause, origin, and circumstances of every fatal fire.
new text end
Subd. 2.
Coordination by state fire marshal.
The investigation shall be begun
within two days of the occurrence of the fire and the state fire marshal deleted text begin shall have the
right todeleted text end new text begin may new text end coordinate the investigation on deeming it necessarynew text begin and, in the case of a
fatal fire, shall coordinate the investigationnew text end .
Subd. 3.
Reporting and records requirements.
The officer making investigation of
fires occurring in deleted text begin cities,deleted text end statutory new text begin or home rule charter new text end cities deleted text begin anddeleted text end new text begin ornew text end towns shall forthwith
notify the state fire marshal and shall, within one week of the occurrence of the fire,
furnish to the state fire marshal a written statement of all the facts relating to the cause and
origin of the fire and such further information as may be called for by the blanks furnished
by the state fire marshal. The state fire marshal shall keep a record of all fires occurring
in the state, together with all facts, statistics, and circumstances, including the origin of
the fires, which may be determined by the investigation provided by this chapter. These
statistics shall be at all times open to public inspection.
Subd. 3a.
Arson investigative data system.
(a) As used in this section, "criminal
justice agency" means state and local prosecution authorities, state and local law
enforcement agencies, local fire departments, and the Office of State Fire Marshal.
(b) The state fire marshal shall administer and maintain a computerized arson
investigative data system for the purpose of assisting criminal justice agencies in the
investigation and prosecution of suspected arson violations. This data system is separate
from the reporting system maintained by the Department of Public Safety under section
299F.05, subdivision 2. The system consists of data on individuals who are 14 years
old or older who law enforcement agencies determine are or may be engaged in arson
activity. Notwithstanding section 260B.171, subdivision 5, data in the system on adults
and juveniles may be maintained together. Data in the system must be submitted and
maintained as provided in this subdivision.
(c) Subject to the provisions of paragraph (d), a criminal justice agency may submit
the following data on suspected arson violations to the arson investigative data system:
(1) the suspect's name, known aliases, if any, and other identifying characteristics;
(2) the modus operandi used to commit the violation, including means of ignition;
(3) any known motive for the violation;
(4) any other crimes committed as part of the same behavioral incident;
(5) the address of the building, the building owner's identity, and the building
occupant's identity; and
(6) the name of the reporting agency and a contact person.
A criminal justice agency that reports data to the arson investigative data system shall
maintain records documenting the data in its own records system for at least the time
period specified in paragraph (e).
(d) The state fire marshal shall maintain in the arson investigative data system any
of the data reported under paragraph (c) that the fire marshal believes will assist in the
investigation and prosecution of arson cases. In lieu of or in connection with any of these
data, the state fire marshal may include in the data system a reference to the criminal justice
agency that originally reported the data, with a notation to system users that the agency is
the repository of more detailed information on the particular suspected arson violation.
(e) Notwithstanding section 138.17, the state fire marshal shall destroy data on
juveniles entered into the system when three years have elapsed since the data were
entered into the system, except as otherwise provided in this paragraph. If the fire marshal
has information that, since entry of data into the system, the juvenile has been convicted
as an adult or has been adjudicated or has a stayed adjudication as a juvenile for an
offense that would be a crime if committed by an adult, the data must be maintained until
three years have elapsed since the last record of a conviction, adjudication, or stayed
adjudication of the individual. Upon request of the criminal justice agency that submitted
data to the system, the state fire marshal shall destroy the data regardless of whether three
years have elapsed since the data were entered into the system.
(f) Data in the arson investigative data system are confidential data on individuals as
defined in section 13.02, subdivision 3, but are accessible to criminal justice agencies.
Subd. 4.
Investigation by state fire marshal.
The state fire marshal may conduct
further investigation necessary to establish reasonable grounds to believe that a violation
of deleted text begin Minnesota Statutes 1976,deleted text end sections 609.561 to 609.576, has occurred.
Subd. 5.
new text begin Coroner new text end notification.
(a) As used in this subdivision, "chief officer" means
the city fire marshal or chief officer of a law enforcement agency's arson investigation unit
in a city of the first class.
(b) deleted text begin The officer making investigation of a fire resulting in a human death shall
immediately notify either the state fire marshal or a chief officer. The state fire marshal or
chief officer may conduct an investigation to establish the origin and cause regarding the
circumstance of the death. If the chief officer undertakes the investigation, the officer shall
promptly notify the state fire marshal of the investigation and, after the investigation is
completed, shall forward a copy of the investigative report to the state fire marshal. Unless
the investigating officer does so,deleted text end The state fire marshal or chief officer shall immediately
notify the appropriate coroner or medical examiner of a human death occurring as a
result of a fire. The coroner or medical examiner shall perform an autopsy in the case of
a human death as provided in section 390.11, subdivision 2a, or 390.32, subdivision
2a, as appropriate.