SF 235

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2013 03:19pm

A bill for an act
relating to public safety; modifying the lawful possession of firearms; requiring
timely transmittal of law enforcement, court, and civil commitment data to
certain state and federal searchable databases; amending Minnesota Statutes
2012, sections 241.301; 245.041; 253B.24; 299C.10, subdivisions 1, 3; 299C.11,
subdivision 1; 299C.14; 299C.17; 624.712, subdivision 5; 624.713, by adding
subdivisions; 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 2012, section 241.301, is amended to read:

241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
FROM OTHER STATES.

The commissioner of corrections shall establish procedures so that whenever this
state receives an inmate, parolee, or probationer from another state under sections 241.28
to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
are obtained and forwarded deleted text begin to the Bureau of Criminal Apprehension. deleted text end new text begin by electronic entry
into a Bureau of Criminal Apprehension-managed or federal searchable database within
24 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an
electronic format for entry into the appropriate searchable database within 72 hours of
receipt if the data is not entered by the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2012, section 245.041, is amended to read:

245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
CHECK INFORMATION.

Notwithstanding section 253B.23, subdivision 9, the commissioner of human
services shall provide commitment information to deleted text begin local deleted text end law enforcement agencies on an
individual request basis by means of electronic data transfer from the Department of
Human Services through the Minnesota Crime Information System new text begin and the National
Instant Criminal Background Check System new text end for the sole purpose of facilitating a firearms
background check under section 624.7131, 624.7132, or 624.714, or an explosives
background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The
information to be provided is limited to whether the person has been committed under
chapter 253B and, if so, the type of commitment. new text begin No later than August 1, 2013, the
commissioner must make available in electronic data format the commitment information
required by this section for commitments occurring since August 1, 1994.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2012, section 253B.24, is amended to read:

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;

(2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d, or 624.713, subdivision 4,

the court shall ensure that this information is new text begin electronically new text end transmitted deleted text begin as soon as
practicable deleted text end new text begin within 24 hours new text end to the National Instant Criminal Background Check System.

Sec. 4.

new text begin [299C.089] INFORMATION RECEIVED BY BUREAU.
new text end

new text begin Within 72 hours of receipt of data, the bureau shall convert into an electronic format
for entry into the appropriate searchable database all data received from a criminal justice
agency that is not electronically entered by that agency into a bureau-managed or federal
searchable database. For the purposes of this section, "criminal justice agency" has the
meaning given under section 299C.46, subdivision 2.
new text end

Sec. 5.

Minnesota Statutes 2012, 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;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) 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;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for any offense 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 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
new text begin of taking the fingerprints and data, new text end the fingerprint records and other identification data
specified under paragraph (a) must be deleted text begin forwarded to the bureau on such forms and in such
deleted text end new text begin electronically entered into a bureau-managed or federal searchable database in a new text end 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.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

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.

(e) 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), 617.23 (indecent exposure),
or 629.75 (domestic abuse no contact order).

Sec. 6.

Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:

Subd. 3.

Bureau duty.

The bureau must deleted text begin enter deleted text end new text begin convert into an electronic format for
entry new text end in the criminal records system deleted text begin finger and thumb prints deleted text end new text begin fingerprints, thumbprints,
and other identification data new text end within deleted text begin five working days deleted text end new text begin 72 hours new text end after they are received
under this section new text begin if the fingerprints, thumbprints, and other identification data were not
electronically entered by a criminal justice agency new text end .

Sec. 7.

Minnesota Statutes 2012, 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 finger and thumb prints, 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 deleted text begin may add
deleted text end new text begin shall convert into an electronic format, if necessary, and enter into a bureau-managed or
federal searchable database new text end the new identifying information deleted text begin to the criminal history deleted text end when
supported by fingerprints new text begin within 72 hours of learning the information if the information is
not entered by a law enforcement agency new text end .

(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, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), 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 finger and
thumb prints, 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.

Sec. 8.

Minnesota Statutes 2012, section 299C.14, is amended to read:

299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the penal institutions of the state
or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive physical mark identification
data, other identification data, modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal institutions, together with the period
of their service and the time, terms, and conditions of their discharge. This duty to furnish
information includes, but is not limited to, requests for fingerprints as the superintendent of
the bureau deems necessary 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 where a
disposition record is received that cannot be linked to an arrest record. new text begin The officials shall
electronically enter the information in a bureau-managed or federal searchable database
within 24 hours of a prisoner's date of release or discharge. The bureau shall convert the
information into an electronic format and enter it into the appropriate searchable database
within 72 hours of the date of receipt, if the information is not entered by the officials.
new text end

Sec. 9.

Minnesota Statutes 2012, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall deleted text begin have power to deleted text end require the court administrator deleted text begin of any county
deleted text end new text begin of every court which sentences a defendant for a felony or gross misdemeanor new text end to deleted text begin file with
the department, at such time as the superintendent may designate, deleted text end new text begin electronically transmit
within 24 hours of the disposition of the case new text end a report, deleted text begin upon such deleted text end new text begin in a new text end form deleted text begin as deleted text end new text begin prescribed by
new text end the superintendent deleted text begin may prescribe, furnishing such deleted text end new text begin providing new text end information deleted text begin as the deleted text end new text begin required by
the new text end superintendent deleted text begin may require deleted text end with regard to the prosecution and disposition of criminal
cases. A copy of the report shall be kept on file in the office of the court administrator.

Sec. 10.

Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of
the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
fourth degree); new text begin 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
new text end 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
motor vehicle without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building, or from
an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
and theft involving the theft of a controlled substance, an explosive, or an incendiary
device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
(drugs, controlled substances); and an attempt to commit any of these offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Prompt reporting of disqualifying mental health data. new text end

new text begin When a court
orders a commitment under chapter 253B or makes a finding or adjudication by which a
person becomes subject to the provisions of section 624.713, subdivision 1, clause (3), or
United States Code, title 18, sections 922(d)(4) and 922(g)(4), the court administrator shall
electronically enter the nature of the court's action and only the information necessary to
identify the person into the National Instant Criminal Background Check System database.
The court shall also notify the person of the prohibitions of section 624.713, subdivision 1,
clause (3), and United States Code, title 18, sections 922(d)(4) and 922(g)(4).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 12.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Provision of firearms background check information. new text end

new text begin (a) When a
court places a person, including a person under the jurisdiction of the juvenile court, who
is charged with committing a crime of violence into a pretrial diversion program before
disposition, the court must ensure that information regarding the person's placement in
that program and the ordered expiration date of that placement is transmitted as soon as
practicable to the National Instant Criminal Background Check System. When a person
successfully completes or discontinues the program, the prosecuting attorney must also
report that fact within 24 hours of receipt to the National Instant Criminal Background
Check System.
new text end

new text begin (b) The court must report the conviction and duration of the firearms disqualification
imposed as soon as practicable to the National Instant Criminal Background Check
System when a person is convicted of a gross misdemeanor that disqualifies the person
from possessing firearms under the following sections:
new text end

new text begin (1) 518B.01, subdivision 14;
new text end

new text begin (2) 609.224, subdivision 3;
new text end

new text begin (3) 609.2242, subdivision 3;
new text end

new text begin (4) 609.749, subdivision 8;
new text end

new text begin (5) 624.713, subdivision 1, clause (11); or
new text end

new text begin (6) 629.715, subdivision 2.
new text end

new text begin (c) If the court reports a firearms disqualification based on a charge of violating an
offense listed in paragraph (b), the court must provide notice of the disposition of the
charge to the National Instant Criminal Background Check System as soon as practicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 13. new text begin PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
new text end

new text begin (a) By September 1, 2013, a civil commitment court shall electronically enter into
the National Instant Criminal Background Check System information on all persons civilly
committed during the years 2008 to 2012 that has not already been entered in the system.
new text end

new text begin (b) By September 1, 2013, a criminal justice agency shall electronically enter into a
Bureau of Criminal Apprehension-managed or federal database information on all persons
convicted of a felony during the years 2008 to 2012 that has not already been entered in a
searchable database. The bureau shall convert into an electronic format and enter into the
appropriate searchable database, within 72 hours of receipt of the data, all data received
from the criminal justice agency that is not entered by that agency into a bureau-managed
or federal searchable database. For the purposes of this paragraph, "criminal justice
agency" has the meaning given under Minnesota Statutes, section 299C.46, subdivision 2.
new text end

new text begin (c) The governor or commissioner of public safety may extend the time for entering
information of prior civil commitments and felony convictions under paragraphs (a) and
(b) for a period not to exceed 60 days for good cause shown.
new text end

Sec. 14. new text begin CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
GROUP.
new text end

new text begin The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
and ranking minority members of the house of representatives and senate committees
having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
search capabilities of the Bureau of Criminal Apprehension-managed databases and
recommend how the search capabilities of the databases may be improved with, among
other proposals, an increase in the number of identification data for each person included
in the databases. The group shall also report on the progress made on reducing the number
of bureau suspense files and recommendations to facilitate the reduction of these files. The
group, in consultation with the revisor of statutes, shall review existing law relating to the
timely transmittal and entry of data and propose legislation for the 2014 legislative session
that clarifies, conforms, implements, and resolves any conflicts with this act.
new text end