SF 1165

Introduction - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to privacy; limiting release of copies of 
  1.3             photographs and audiotapes of child abuse victims; 
  1.4             amending Minnesota Statutes 1998, sections 13.391; and 
  1.5             611A.90. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 13.391, is 
  1.8   amended to read: 
  1.9      13.391 [VIDEOTAPES, AUDIOTAPES, OR PHOTOGRAPHS OF CHILD 
  1.10  ABUSE VICTIMS.] 
  1.11     (a) Notwithstanding section 13.04, subdivision 3, an 
  1.12  individual subject of data may not obtain a copy of the 
  1.13  following without a court order under section 13.03, subdivision 
  1.14  6, or 611A.90: 
  1.15     (1) a videotape or audiotape in which a child victim or 
  1.16  alleged victim is alleging, explaining, denying, or describing 
  1.17  an act of physical or sexual abuse without a court order under 
  1.18  section 13.03, subdivision 6, or 611A.90 or neglect; or 
  1.19     (2) photographs of a child's injuries resulting from 
  1.20  physical or sexual abuse or neglect.  
  1.21     The definitions of physical abuse and, sexual abuse, and 
  1.22  neglect in section 626.556, subdivision 2, apply to this 
  1.23  section, except that abuse or neglect is not limited to acts by 
  1.24  a person responsible for the child's care or in a significant 
  1.25  relationship with the child or position of authority. 
  2.1      (b) This section does not limit other rights of access to 
  2.2   data by an individual under section 13.04, subdivision 3, other 
  2.3   than the right to obtain a copy of the videotape, audiotape, or 
  2.4   photograph, nor limit rights of access pursuant to discovery in 
  2.5   a court proceeding. 
  2.6      Sec. 2.  Minnesota Statutes 1998, section 611A.90, is 
  2.7   amended to read: 
  2.8      611A.90 [RELEASE OF VIDEOTAPES, AUDIOTAPES, OR PHOTOGRAPHS 
  2.9   OF CHILD ABUSE VICTIMS.] 
  2.10     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  2.11  "physical abuse," and "sexual abuse," and "neglect" have the 
  2.12  meanings given in section 626.556, subdivision 2, except that 
  2.13  abuse or neglect is not limited to acts by a person responsible 
  2.14  for the child's care or in a significant relationship with the 
  2.15  child or position of authority. 
  2.16     Subd. 2.  [COURT ORDER REQUIRED.] (a) A custodian of a 
  2.17  videotape or audiotape of a child victim or alleged victim 
  2.18  alleging, explaining, denying, or describing an act of physical 
  2.19  or sexual abuse or neglect, or of a photograph of a child's 
  2.20  injuries resulting from abuse or neglect, which was created as 
  2.21  part of an investigation or evaluation of the abuse or neglect, 
  2.22  may not release a copy of the videotape, audiotape, or 
  2.23  photograph without a court order, notwithstanding that.  This 
  2.24  paragraph applies regardless of whether the subject has 
  2.25  consented to the release of the videotape, audiotape, or 
  2.26  photograph or that the release is authorized under law. 
  2.27     (b) The court order may govern the purposes for which the 
  2.28  videotape, audiotape, or photograph may be used, reproduction, 
  2.29  release to other persons, retention and return of copies, and 
  2.30  other requirements reasonably necessary for protection of the 
  2.31  privacy and best interests of the child. 
  2.32     Subd. 3.  [PETITION.] An individual subject of data, as 
  2.33  defined in section 13.02, or a patient, as defined in section 
  2.34  144.335, who is seeking a copy of a videotape, audiotape, or 
  2.35  photograph governed by this section may petition the district 
  2.36  court in the county where the alleged abuse or neglect took 
  3.1   place or where the custodian of the videotape, audiotape, or 
  3.2   photograph resides for an order releasing a copy of the 
  3.3   videotape, audiotape, or photograph under subdivision 2.  
  3.4   Nothing in this section establishes a right to obtain access to 
  3.5   a videotape, audiotape, or photograph by any other person nor 
  3.6   limits a right of a person to obtain access if access is 
  3.7   otherwise authorized by law or pursuant to discovery in a court 
  3.8   proceeding.