1.1                          A bill for an act 
  1.2             relating to public safety; authorizing release of 
  1.3             investigative data relating to crimes perpetrated by a 
  1.4             juvenile to the victim; providing that persons 
  1.5             convicted of terroristic threats or felony stalking or 
  1.6             harassment violations have the burden of proof to 
  1.7             establish that custody or visitation is in the best 
  1.8             interests of a child; requiring notification of a 
  1.9             victim when sentence modification occurs; amending 
  1.10            Minnesota Statutes 1996, sections 260.161, subdivision 
  1.11            3; and 518.179, subdivision 2; proposing coding for 
  1.12            new law in Minnesota Statutes, chapter 611A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 260.161, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
  1.17  for records relating to an offense where proceedings are public 
  1.18  under section 260.155, subdivision 1, peace officers' records of 
  1.19  children who are or may be delinquent or who may be engaged in 
  1.20  criminal acts shall be kept separate from records of persons 18 
  1.21  years of age or older and are private data but shall be 
  1.22  disseminated:  (1) by order of the juvenile court, (2) as 
  1.23  required by section 126.036, (3) as authorized under section 
  1.24  13.82, subdivision 2, (4) to the child or the child's parent or 
  1.25  guardian unless disclosure of a record would interfere with an 
  1.26  ongoing investigation, or (5) as otherwise provided in this 
  1.27  subdivision.  Except as provided in paragraph (c), no 
  1.28  photographs of a child taken into custody may be taken without 
  1.29  the consent of the juvenile court unless the child is alleged to 
  2.1   have violated section 169.121 or 169.129.  Peace officers' 
  2.2   records containing data about children who are victims of crimes 
  2.3   or witnesses to crimes must be administered consistent with 
  2.4   section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
  2.5   violating any of the provisions of this subdivision shall be 
  2.6   guilty of a misdemeanor. 
  2.7      In the case of computerized records maintained about 
  2.8   juveniles by peace officers, the requirement of this subdivision 
  2.9   that records about juveniles must be kept separate from adult 
  2.10  records does not mean that a law enforcement agency must keep 
  2.11  its records concerning juveniles on a separate computer system.  
  2.12  Law enforcement agencies may keep juvenile records on the same 
  2.13  computer as adult records and may use a common index to access 
  2.14  both juvenile and adult records so long as the agency has in 
  2.15  place procedures that keep juvenile records in a separate place 
  2.16  in computer storage and that comply with the special data 
  2.17  retention and other requirements associated with protecting data 
  2.18  on juveniles. 
  2.19     (b) Nothing in this subdivision prohibits the exchange of 
  2.20  information by law enforcement agencies if the exchanged 
  2.21  information is pertinent and necessary to the requesting agency 
  2.22  in initiating, furthering, or completing a criminal 
  2.23  investigation. 
  2.24     (c) A photograph may be taken of a child taken into custody 
  2.25  pursuant to section 260.165, subdivision 1, clause (b), provided 
  2.26  that the photograph must be destroyed when the child reaches the 
  2.27  age of 19 years.  The commissioner of corrections may photograph 
  2.28  juveniles whose legal custody is transferred to the 
  2.29  commissioner.  Photographs of juveniles authorized by this 
  2.30  paragraph may be used only for institution management purposes, 
  2.31  case supervision by parole agents, and to assist law enforcement 
  2.32  agencies to apprehend juvenile offenders.  The commissioner 
  2.33  shall maintain photographs of juveniles in the same manner as 
  2.34  juvenile court records and names under this section. 
  2.35     (d) Traffic investigation reports are open to inspection by 
  2.36  a person who has sustained physical harm or economic loss as a 
  3.1   result of the traffic accident.  Identifying information on 
  3.2   juveniles who are parties to traffic accidents may be disclosed 
  3.3   as authorized under section 13.82, subdivision 4, and accident 
  3.4   reports required under section 169.09 may be released under 
  3.5   section 169.09, subdivision 13, unless the information would 
  3.6   identify a juvenile who was taken into custody or who is 
  3.7   suspected of committing an offense that would be a crime if 
  3.8   committed by an adult, or would associate a juvenile with the 
  3.9   offense, and the offense is not a minor traffic offense under 
  3.10  section 260.193. 
  3.11     (e) A law enforcement agency shall notify the principal or 
  3.12  chief administrative officer of a juvenile's school of an 
  3.13  incident occurring within the agency's jurisdiction if: 
  3.14     (1) the agency has probable cause to believe that the 
  3.15  juvenile has committed an offense that would be a crime if 
  3.16  committed as an adult, that the victim of the offense is a 
  3.17  student or staff member of the school, and that notice to the 
  3.18  school is reasonably necessary for the protection of the victim; 
  3.19  or 
  3.20     (2) the agency has probable cause to believe that the 
  3.21  juvenile has committed an offense described in subdivision 1b, 
  3.22  paragraph (a), clauses (1) to (3), that would be a crime if 
  3.23  committed by an adult, regardless of whether the victim is a 
  3.24  student or staff member of the school. 
  3.25     A law enforcement agency is not required to notify the 
  3.26  school under this paragraph if the agency determines that notice 
  3.27  would jeopardize an ongoing investigation.  Notwithstanding 
  3.28  section 138.17, data from a notice received from a law 
  3.29  enforcement agency under this paragraph must be destroyed when 
  3.30  the juvenile graduates from the school or at the end of the 
  3.31  academic year when the juvenile reaches age 23, whichever date 
  3.32  is earlier.  For purposes of this paragraph, "school" means a 
  3.33  public or private elementary, middle, or secondary school. 
  3.34     (f) In any county in which the county attorney operates or 
  3.35  authorizes the operation of a juvenile prepetition or pretrial 
  3.36  diversion program, a law enforcement agency or county attorney's 
  4.1   office may provide the juvenile diversion program with data 
  4.2   concerning a juvenile who is a participant in or is being 
  4.3   considered for participation in the program. 
  4.4      (g) Upon request of a local social service agency, peace 
  4.5   officer records of children who are or may be delinquent or who 
  4.6   may be engaged in criminal acts may be disseminated to the 
  4.7   agency to promote the best interests of the subject of the data. 
  4.8      (h) Upon written request, the law enforcement agency or 
  4.9   prosecuting authority shall release investigative data, 
  4.10  including information which pertains to crimes perpetrated by 
  4.11  juveniles, to the crime victim or the crime victim's legal 
  4.12  representative.  The only exception is if the release of the 
  4.13  information would interfere with the investigation.  The name of 
  4.14  the perpetrator or other information from which the perpetrator 
  4.15  may be identified may not be included in the released data. 
  4.16     Sec. 2.  Minnesota Statutes 1996, section 518.179, 
  4.17  subdivision 2, is amended to read: 
  4.18     Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
  4.19  following crimes or similar crimes under the laws of the United 
  4.20  States, or any other state: 
  4.21     (1) murder in the first, second, or third degree under 
  4.22  section 609.185, 609.19, or 609.195; 
  4.23     (2) manslaughter in the first degree under section 609.20; 
  4.24     (3) assault in the first, second, or third degree under 
  4.25  section 609.221, 609.222, or 609.223; 
  4.26     (4) kidnapping under section 609.25; 
  4.27     (5) depriving another of custodial or parental rights under 
  4.28  section 609.26; 
  4.29     (6) soliciting, inducing, or promoting prostitution 
  4.30  involving a minor under section 609.322; 
  4.31     (7) receiving profit from prostitution involving a minor 
  4.32  under section 609.323; 
  4.33     (8) criminal sexual conduct in the first degree under 
  4.34  section 609.342; 
  4.35     (9) criminal sexual conduct in the second degree under 
  4.36  section 609.343; 
  5.1      (10) criminal sexual conduct in the third degree under 
  5.2   section 609.344, subdivision 1, paragraph (c), (f), or (g); 
  5.3      (11) solicitation of a child to engage in sexual conduct 
  5.4   under section 609.352; 
  5.5      (12) incest under section 609.365; 
  5.6      (13) malicious punishment of a child under section 609.377; 
  5.7   or 
  5.8      (14) neglect of a child under section 609.378; 
  5.9      (15) terroristic threats under section 609.713; or 
  5.10     (16) felony harassment or stalking violations under section 
  5.11  609.749. 
  5.12     Sec. 3.  [611A.0395] [RIGHT TO NOTICE OF SENTENCE 
  5.13  MODIFICATION.] 
  5.14     In a criminal case in which there is an identifiable crime 
  5.15  victim, when a court is considering modifying the sentence for a 
  5.16  felony or a crime of violence or an attempted crime of violence, 
  5.17  the court or its designee shall make a reasonable and good faith 
  5.18  effort to notify the victim of the crime.  If the victim is 
  5.19  incapacitated or deceased, notice must be given to the victim's 
  5.20  family.  If the victim is a minor, notice must be given to the 
  5.21  victim's parent or guardian.  The notice must include: 
  5.22     (1) the date and approximate time of the review; 
  5.23     (2) the location where the review will occur; 
  5.24     (3) the name and telephone number of a person that can be 
  5.25  contacted for additional information; and 
  5.26     (4) a statement that the victim and victim's family may 
  5.27  present information to the court concerning the sentence 
  5.28  modification. 
  5.29     As used in this section, "crime of violence" has the 
  5.30  meaning given in section 624.712, subdivision 5, and also 
  5.31  includes gross misdemeanor violations of section 609.224, and 
  5.32  nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
  5.33  609.748, and 609.749.