HF 1083

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:00pm

A bill for an act
relating to public safety; modifying background studies conducted by the
Department of Human Services and county agencies for family child care services
for certain expungements; authorizing the expungement of criminal records without
petition for individuals not guilty of a crime as a result of identity theft or mistaken
identity; amending Minnesota Statutes 2022, sections 245C.08, subdivisions 1, 2;
299C.11, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
chapter 609A.

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

Section 1.

Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.

(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless new text begin :
new text end

new text begin (1) new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner new text begin ; or
new text end

new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017 or 609A.025, and the order for expungement is directed specifically to the
commissioner new text end .

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county agency for family child care.

(a)
Before the implementation of NETStudy 2.0, for a background study conducted by a county
agency for family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment of adults
and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13
through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there is
reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider information
obtained under paragraph (a), clause (3), unless new text begin :
new text end

new text begin (1) new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner new text begin ; or
new text end

new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017 or 609A.025, and the order for expungement is directed specifically to the
commissioner new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 299C.11, subdivision 1, is amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe, with such
deleted text begin finger and thumb prints deleted text end new text begin fingerprints and thumbprints new text end , photographs, distinctive physical
mark identification data, information on known aliases and street names, and other
identification data as may be requested or required by the superintendent of the bureau,
which must be taken under the provisions of section 299C.10. In addition, sheriffs and chiefs
of police shall furnish this identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten
years immediately preceding their arrest. When the bureau learns that an individual who is
the subject of a background check has used, or is using, identifying information, including,
but not limited to, name and date of birth, other than those listed on the criminal history,
the bureau shall convert into an electronic format, if necessary, and enter into a
bureau-managed searchable database the new identifying information when supported by
fingerprints within three business days of learning the information if the information is not
entered by a law enforcement agency.

(b) No petition under chapter 609A is required if the person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, destroy the
arrested person's deleted text begin finger and thumb prints deleted text end new text begin fingerprints and thumbprints new text end , photographs,
distinctive physical mark identification data, information on known aliases and street names,
and other identification data, and all copies and duplicates of them.

new text begin (c) The bureau or agency shall destroy an arrested person's fingerprints and thumbprints,
photographs, distinctive physical mark identification data, information on known aliases
and street names, and other identification data and all copies and duplicates of them without
the demand of any person or the granting of a petition under chapter 609A if:
new text end

new text begin (1) the sheriff, chief of police, bureau, or other arresting agency determines that the
person was arrested or identified as the result of mistaken identity before presenting
information to the prosecuting authority for a charging decision; or
new text end

new text begin (2) the prosecuting authority declines to file any charges or a grand jury does not return
an indictment based on a determination that the person was identified or arrested as the
result of mistaken identity.
new text end

new text begin (d) A prosecuting authority that determines a person was arrested or identified as the
result of mistaken identity and either declines to file any charges or receives notice that a
grand jury did not return an indictment shall notify the bureau and the applicable sheriff,
chief of police, or other arresting agency of the determination.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Except as otherwise provided in paragraph (b) new text begin or (c) new text end , upon the determination of
all pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal deleted text begin finger and
thumb prints deleted text end new text begin fingerprints and thumbprints new text end , photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them if the arrested person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding such determination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity made on or
after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section:

(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:

(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;

(ii) the arrested person's successful completion of a diversion program;

(iii) an order of discharge under section 609.165; or

(iv) a pardon granted under section 638.02; deleted text begin and
deleted text end

new text begin (2) "mistaken identity" means the person was incorrectly identified as being a different
person:
new text end

new text begin (i) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end

new text begin (ii) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime; and
new text end

deleted text begin (2) deleted text end new text begin (3) new text end "targeted misdemeanor" has the meaning given in section 299C.10, subdivision
1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 5.

new text begin [609A.017] MISTAKEN IDENTIFY; AUTOMATIC EXPUNGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of
guilty by a court.
new text end

new text begin (c) "Mistaken identity" means a person was incorrectly identified as being a different
person:
new text end

new text begin (1) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end

new text begin (2) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime.
new text end

new text begin Subd. 2. new text end

new text begin Determination by prosecutor; notification. new text end

new text begin If, before a conviction, a prosecutor
determines that a defendant was issued a citation, charged, indicted, or otherwise prosecuted
as the result of mistaken identity, the prosecutor must dismiss or move to dismiss the action
or proceeding and must state in writing or on the record that mistaken identity is the reason
for the dismissal.
new text end

new text begin Subd. 3. new text end

new text begin Order of expungement. new text end

new text begin (a) The court shall issue an order of expungement
without the filing of a petition when an action or proceeding is dismissed based on a
determination that a defendant was issued a citation, charged, indicted, or otherwise
prosecuted as the result of mistaken identity. The order shall cite this section as the basis
for the order.
new text end

new text begin (b) An order issued under this section is not subject to the considerations or standards
identified in section 609A.025 or 609A.03, subdivision 5, paragraph (a), (b), or (c).
new text end

new text begin Subd. 4. new text end

new text begin Effect of order. new text end

new text begin (a) An order issued under this section is not subject to the
limitations in section 609A.03, subdivision 7a or 9. The effect of the court order to seal the
record of the proceedings shall be to restore the person, in the contemplation of the law, to
the status the person occupied before the arrest, indictment, or information. The person shall
not be guilty of perjury or otherwise of giving a false statement if the person fails to
acknowledge the arrest, indictment, information, or trial in response to any inquiry made
for any purpose.
new text end

new text begin (b) A criminal justice agency may seek access to a record that was sealed under this
section for purposes of determining whether the subject of the order was identified in any
other action or proceeding as the result of mistaken identity or for a criminal investigation,
prosecution, or sentencing involving any other person. The requesting agency must obtain
an ex parte court order after stating a good-faith basis to believe that opening the record
may lead to relevant information.
new text end

new text begin (c) The court administrator must distribute and confirm receipt of an order issued under
this section pursuant to section 609A.03, subdivision 8.
new text end

new text begin (d) Data on the person whose offense has been expunged contained in a letter or other
notification sent under this subdivision are private data on individuals as defined in section
13.02.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity on or after that
date.
new text end