HF 2800

1st Engrossment - 83rd Legislature (2003 - 2004)

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

  1.1                          A bill for an act
  1.2             relating to government data practices; providing for 
  1.3             compliance with law by information management systems; 
  1.4             providing for classification of, and access to, 
  1.5             CriMNet data; providing public defender access to 
  1.6             criminal justice data; requiring a report; amending 
  1.7             Minnesota Statutes 2002, sections 13.02, subdivision 
  1.8             18, by adding subdivisions; 13.03, subdivision 4; 
  1.9             13.82, subdivision 24; 299C.10, subdivisions 1, 2, by 
  1.10            adding a subdivision; 299C.14; 299C.65, by adding a 
  1.11            subdivision; Minnesota Statutes 2003 Supplement, 
  1.12            section 611.272; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 13. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 13.02, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 7b.  [INFORMATION MANAGEMENT SYSTEM.] "Information 
  1.18  management system" means an electronic system used or maintained 
  1.19  by a government entity for the management of government data. 
  1.20     Sec. 2.  Minnesota Statutes 2002, section 13.02, is amended 
  1.21  by adding a subdivision to read: 
  1.22     Subd. 7c.  [INFORMATION POLICY STATUTES.] "Information 
  1.23  policy statutes" means this chapter, section 15.17, and sections 
  1.24  138.163 to 138.225. 
  1.25     Sec. 3.  Minnesota Statutes 2002, section 13.02, 
  1.26  subdivision 18, is amended to read: 
  1.27     Subd. 18.  [STATEWIDE SYSTEM.] "Statewide system" includes 
  1.28  any record-keeping system, including an information management 
  1.29  system, in which government data is collected, stored, 
  2.1   disseminated and used by means of a system common to one or more 
  2.2   state agencies or more than one of its political subdivisions or 
  2.3   any combination of state agencies and, political subdivisions, 
  2.4   and nongovernmental entities.  
  2.5      Sec. 4.  Minnesota Statutes 2002, section 13.03, 
  2.6   subdivision 4, is amended to read: 
  2.7      Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
  2.8   DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 
  2.9   the possession of an agency shall change if it is required to do 
  2.10  so to comply with either judicial or administrative rules 
  2.11  pertaining to the conduct of legal actions or with a specific 
  2.12  statute applicable to the data in the possession of the 
  2.13  disseminating or receiving agency. 
  2.14     (b) If data on individuals is classified as both private 
  2.15  and confidential by this chapter, or any other statute or 
  2.16  federal law, the data is private.  
  2.17     (c) To the extent that government data is disseminated to 
  2.18  state agencies, political subdivisions, or statewide systems by 
  2.19  another state agency, political subdivision, or statewide 
  2.20  system, the data disseminated shall have the same classification 
  2.21  in the hands of the agency receiving it as it had in the hands 
  2.22  of the entity providing it. 
  2.23     (d) If a state agency, statewide system, or political 
  2.24  subdivision disseminates data to another state agency, statewide 
  2.25  system, or political subdivision, a classification provided for 
  2.26  by law in the hands of the entity receiving the data does not 
  2.27  affect the classification of the data in the hands of the entity 
  2.28  that disseminates the data. 
  2.29     (e) To the extent that judicial branch data is disseminated 
  2.30  to government entities by the judicial branch, the data 
  2.31  disseminated shall have the same level of accessibility in the 
  2.32  hands of the agency receiving it as it had in the hands of the 
  2.33  judicial branch entity providing it. 
  2.34     Sec. 5.  [13.055] [INFORMATION MANAGEMENT SYSTEMS; 
  2.35  COMPLIANCE WITH LAW.] 
  2.36     (a) A person who believes an information management system 
  3.1   is not in compliance with information policy statutes may seek 
  3.2   an advisory opinion under section 13.072.  A government entity 
  3.3   operating an information management system must comply with any 
  3.4   request for information from the commissioner for purposes of 
  3.5   the advisory opinion.  
  3.6      (b) If a person brings an action to compel compliance 
  3.7   pursuant to section 13.08 against a government entity operating 
  3.8   an information management system, the person is entitled to all 
  3.9   of the remedies in section 13.08 and may also ask the court to 
  3.10  require that the government entity cease operating the 
  3.11  information management system until it is brought into 
  3.12  compliance. 
  3.13     (c) No state agency may assume or share operational 
  3.14  responsibility for any information management system that is not 
  3.15  in compliance with information policy statutes.  Before a state 
  3.16  agency assumes or shares operational responsibility for an 
  3.17  information management system created by a political 
  3.18  subdivision, statewide system, or a nongovernmental entity, the 
  3.19  responsible authority for that state agency shall assure that 
  3.20  the information management system is in compliance with 
  3.21  information policy statutes and federal law.  A state agency 
  3.22  must not assume costs associated with enhancements of an 
  3.23  information management system unless approved by the legislature.
  3.24     Sec. 6.  [13.074] [INFORMATION MANAGEMENT SYSTEM REVIEW.] 
  3.25     (a) The commissioner must choose and review three 
  3.26  information management systems that are part of CriMNet, in 
  3.27  order to determine that the systems are in compliance with 
  3.28  information policy statutes.  Each responsible authority for a 
  3.29  system under review must promptly provide information to the 
  3.30  commissioner to enable the determination to be made.  The 
  3.31  determination of compliance for the information management 
  3.32  systems identified in this paragraph must be completed by 
  3.33  January 1, 2005. 
  3.34     (b) No later than January 15, 2005, the Information Policy 
  3.35  Council, with staff assistance from the commissioner, must 
  3.36  provide the legislature with a proposed schedule to review 
  4.1   information management systems that are operated by a state 
  4.2   agency or a statewide system that has at least one state agency 
  4.3   as a participant.  As part of the report, the Information Policy 
  4.4   Council must provide the legislature with an estimate of the 
  4.5   costs to conduct the reviews.  The commissioner shall include in 
  4.6   the department budget request for the next biennium the funds 
  4.7   necessary to accomplish the review.  
  4.8      (c) The commissioner must approve, prior to implementation 
  4.9   of a system, any design for an information management system for 
  4.10  criminal justice purposes to be operated by a state agency or 
  4.11  statewide system that has at least one state agency as a 
  4.12  participant.  After July 1, 2005, the commissioner must approve, 
  4.13  prior to implementation of a system, the design of any 
  4.14  information management system to be operated by a state agency 
  4.15  or statewide system that has at least one state agency as a 
  4.16  participant.  The purpose of this approval is to ensure the 
  4.17  system's compliance with information policy statutes.  The 
  4.18  commissioner shall determine what reports or other information 
  4.19  must be made available by the responsible authority for the 
  4.20  proposed information management system in order to provide that 
  4.21  approval.  An information management system described in this 
  4.22  paragraph must not proceed beyond the design phase until the 
  4.23  commissioner's approval is received. 
  4.24     (d) The commissioner must convene an advisory group 
  4.25  consisting of representatives of political subdivisions 
  4.26  including, but not limited to, the League of Minnesota Cities, 
  4.27  the Association of Minnesota Counties, the Minnesota School 
  4.28  Boards Association, and the Minnesota Association of Townships.  
  4.29  After consultation with the advisory group, and no later than 
  4.30  February 15, 2005, the commissioner must propose a plan and 
  4.31  schedule to the legislature by which information management 
  4.32  systems operated by a political subdivision or by a statewide 
  4.33  system made up of political subdivisions will be reviewed for 
  4.34  compliance.  As part of the proposal, the commissioner must 
  4.35  provide the legislature with an estimate of the costs to conduct 
  4.36  these reviews.  
  5.1      (e) The legislative auditor or the state auditor, as 
  5.2   appropriate, must include continuing compliance as part of each 
  5.3   periodic audit. 
  5.4      (f) If the legislative auditor or state auditor finds that 
  5.5   an information management system described in this section is 
  5.6   being operated without complying with information policy 
  5.7   statutes, the responsible authority for the government entity 
  5.8   must bring the system's operation into compliance within 90 
  5.9   days.  If the system is not brought into compliance within that 
  5.10  period, the government entity must forfeit to the state general 
  5.11  fund an amount equal to the state funds used to design, develop, 
  5.12  and implement the system. 
  5.13     Sec. 7.  Minnesota Statutes 2002, section 13.82, 
  5.14  subdivision 24, is amended to read: 
  5.15     Subd. 24.  [EXCHANGES OF INFORMATION.] Nothing in this 
  5.16  chapter prohibits the exchange of information by law enforcement 
  5.17  agencies provided the exchanged information is pertinent and 
  5.18  necessary to the requesting agency in initiating, furthering, or 
  5.19  completing an investigation, except not public personnel data. 
  5.20  When a law enforcement agency requests or disseminates private 
  5.21  or confidential data on individuals for a purpose authorized by 
  5.22  this subdivision, it must document the purpose of the request or 
  5.23  dissemination, including the case number and type of crime. 
  5.24  Documentation under this subdivision must be retained for ten 
  5.25  years.  When an investigation becomes inactive under subdivision 
  5.26  7, the documentation under this subdivision is private data on 
  5.27  the subject of the investigation. 
  5.28     Sec. 8.  [13.8703] [CRIMNET DATA.] 
  5.29     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  5.30  subdivision apply to this section. 
  5.31     (b) "CriMNet" is a statewide system as defined in section 
  5.32  13.02, subdivision 18, that integrates or interconnects data 
  5.33  from multiple criminal justice information systems. 
  5.34     (c) "CriMNet data" are criminal justice agency and court 
  5.35  data created, collected, used, or maintained in the prevention, 
  5.36  investigation, or prosecution of crime and any resulting 
  6.1   criminal justice system response, that are held or accessed by 
  6.2   CriMNet.  
  6.3      (d) "Audit trail data" are data created, used, or 
  6.4   maintained by CriMNet for the purposes of ensuring and verifying 
  6.5   that CriMNet was only accessed by authorized persons for 
  6.6   authorized purposes. 
  6.7      Subd. 2.  [DATA CLASSIFICATION; DISSEMINATION.] (a) Data 
  6.8   accessed or maintained by CriMNet are subject to the provisions 
  6.9   of section 13.03, subdivision 4, paragraphs (c) and (e).  The 
  6.10  fact that data held by government entities are accessed by 
  6.11  CriMNet does not change the classification of the data in those 
  6.12  government entities.  Except for the exercise of rights by 
  6.13  individuals under this section and section 13.04, access to 
  6.14  CriMNet data is available only as provided by state or federal 
  6.15  law to criminal justice agencies as defined in section 299C.46, 
  6.16  subdivision 2; public defenders as provided in section 611.272; 
  6.17  federal criminal justice agencies as defined in Code of Federal 
  6.18  Regulations, title 28, section 20.3(g); and criminal justice 
  6.19  agencies of other states. 
  6.20     (b) CriMNet data must be released only for the following 
  6.21  purposes: 
  6.22     (1) investigating a crime or act of delinquency; 
  6.23     (2) seeking to apprehend an individual who is fleeing to 
  6.24  avoid prosecution or custody; 
  6.25     (3) seeking an individual who is violating a condition of 
  6.26  probation, conditional release, or supervised release; 
  6.27     (4) prosecuting, defending, trying, or sentencing an 
  6.28  individual; 
  6.29     (5) seeking an individual who is likely to have information 
  6.30  necessary to an action described under clauses (1) to (4); 
  6.31     (6) with the informed consent of the subject of the data as 
  6.32  provided by section 13.05, subdivision 4.  However, a juvenile 
  6.33  may not give consent to release CriMNet data on the juvenile. 
  6.34  Notwithstanding section 299C.095, subdivision 1, a parent or 
  6.35  guardian may give consent in the case of a juvenile data 
  6.36  subject; and 
  7.1      (7) auditing of data quality, data protection, and system 
  7.2   development and maintenance. 
  7.3      Subd. 3.  [REQUESTS BY DATA SUBJECT.] If an individual 
  7.4   makes a request for CriMNet data about that individual under 
  7.5   section 13.04, subdivision 3, a local or state law enforcement 
  7.6   agency with access to CriMNet must: 
  7.7      (1) give the individual a list of any state agencies, 
  7.8   political subdivisions, statewide systems, or other entities 
  7.9   that provided data to CriMNet; and 
  7.10     (2) allow the individual to inspect or obtain a copy of any 
  7.11  public or private CriMNet data, and inform the individual of the 
  7.12  availability of audit trail data from the CriMNet responsible 
  7.13  authority. 
  7.14     Subd. 4.  [AUDIT TRAIL DATA.] (a) Audit trail data must 
  7.15  indicate for which of the purposes in subdivision 2, paragraph 
  7.16  (b), and for which particular matter, including case file number 
  7.17  if available, CriMNet data on an individual was accessed.  Audit 
  7.18  trail data must be retained for ten years. 
  7.19     (b) Audit trail data created during the course of an 
  7.20  investigation are confidential data or protected nonpublic data 
  7.21  while the investigation is active.  When an investigation is no 
  7.22  longer active, as defined by section 13.82, subdivision 7, or if 
  7.23  audit trail data are created as the result of access unrelated 
  7.24  to an active investigation: 
  7.25     (1) audit trail data that identify an entity that requested 
  7.26  or provided CriMNet data about a data subject are nonpublic data 
  7.27  but are accessible to the individual data subject; and 
  7.28     (2) the responsible authority for CriMNet shall, after 
  7.29  consultation with an entity that requested CriMNet data about an 
  7.30  individual data subject, give the data subject audit trail data 
  7.31  that identifies the agent of the entity who made the request if 
  7.32  the responsible authority determines that the data subject's 
  7.33  need to know outweighs the risk of harm disclosure would create 
  7.34  for the agent of the entity or for public safety. 
  7.35     (c) The data subject or the agent of the entity who 
  7.36  requested CriMNet data about a data subject may request a 
  8.1   hearing challenging the responsible authority's determination 
  8.2   under paragraph (b), clause (2).  The data subject or the agent 
  8.3   of the entity who requested CriMNet data about a data subject 
  8.4   may intervene as a party in a hearing requested by another 
  8.5   person.  If a hearing is requested, the responsible authority 
  8.6   must not provide the identifying data to the data subject until 
  8.7   the hearing and any appeal of the decision is complete.  The 
  8.8   hearing must be conducted as a contested case in accordance with 
  8.9   sections 14.57 to 14.62.  The decision of the administrative law 
  8.10  judge is the final decision of the responsible authority, 
  8.11  subject to appeal under sections 14.63 to 14.69.  CriMNet must 
  8.12  pay the Office of Administrative Hearings for the costs of the 
  8.13  hearing under this subdivision.  If the administrative law judge 
  8.14  upholds the decision of the responsible authority, the person 
  8.15  challenging the decision must reimburse CriMNet.  
  8.16     Subd. 5.  [SUBSCRIPTION SERVICE.] (a) For purposes of this 
  8.17  subdivision, "subscription service" means a process by which 
  8.18  criminal justice agency personnel may obtain ongoing, automatic 
  8.19  electronic notice of any contacts an individual has with any 
  8.20  criminal justice agency. 
  8.21     (b) Except as otherwise provided by this subdivision, 
  8.22  CriMNet data may be released by a subscription service: 
  8.23     (1) to the subject of the data upon request of the subject; 
  8.24     (2) with the informed consent of the subject of the data, 
  8.25  or in the case of a juvenile, and notwithstanding section 
  8.26  299C.095, subdivision 1, only with the informed consent of a 
  8.27  parent or guardian; or 
  8.28     (3) as an element of sentencing, probation, conditional 
  8.29  release, or supervised release of which the data subject is 
  8.30  notified before the subscription service is implemented. 
  8.31     (c) CriMNet data on an individual may be released by 
  8.32  subscription service without the request or consent of the data 
  8.33  subject or notice to the data subject to criminal justice agency 
  8.34  personnel for purposes of: 
  8.35     (1) investigating a crime or act of delinquency; 
  8.36     (2) seeking to apprehend an individual who is fleeing to 
  9.1   avoid prosecution or custody; 
  9.2      (3) seeking an individual who is violating a condition of 
  9.3   probation, conditional release, or supervised release; 
  9.4      (4) prosecuting, trying, or sentencing an individual; or 
  9.5      (5) seeking an individual who is likely to have information 
  9.6   necessary to criminal justice agency personnel acting under 
  9.7   clauses (1) to (4).  
  9.8      Subscription service under this paragraph may continue for 
  9.9   up to 30 days. 
  9.10     (d) A criminal justice agency may seek to release or 
  9.11  receive data described in paragraph (c) by subscription service 
  9.12  for a period longer than 30 days by seeking a court order in the 
  9.13  same manner as seeking a search warrant.  To grant the order, 
  9.14  the court must find that one of the purposes listed in paragraph 
  9.15  (c) continues to exist.  The court must specify how long the 
  9.16  subscription service may continue, which must not exceed 18 
  9.17  months without a showing of imminent threat to public safety or 
  9.18  health. 
  9.19     Subd. 6.  [CRIMNET TRAINING.] Criminal justice agency 
  9.20  personnel who access CriMNet data must receive training in the 
  9.21  provisions of law that govern access to the data, including 
  9.22  rights of individuals to access and to contest the accuracy and 
  9.23  completeness of public or private data. 
  9.24     Subd. 7.  [PENALTIES.] A person who violates this section 
  9.25  is subject to the penalties provided by section 13.09. 
  9.26     Subd. 8.  [LEGISLATIVE REVIEW OF ACCESS MODIFICATIONS.] Any 
  9.27  CriMNet feature that would provide access to data on individuals 
  9.28  by an entity that is not subject to this chapter, other than the 
  9.29  judiciary as defined in section 13.90, must be submitted to the 
  9.30  legislature for review before implementation and must be 
  9.31  implemented by a statute, contract, or interstate compact that 
  9.32  addresses data practices issues and complies with this section. 
  9.33     Sec. 9.  [13.8704] [CRIMINAL JUSTICE SYSTEM APPROVAL.] 
  9.34     (a) Prior to implementation, an information management 
  9.35  system to be created or maintained by more than one criminal 
  9.36  justice agency must receive legislative approval regarding its 
 10.1   information policy statutes compliance.  
 10.2      (b) For purposes of this section, "criminal justice agency" 
 10.3   means a criminal justice agency as defined by section 299C.46, 
 10.4   subdivision 2, or public defenders, as provided by section 
 10.5   611.272. 
 10.6      Sec. 10.  Minnesota Statutes 2002, section 299C.10, 
 10.7   subdivision 1, is amended to read: 
 10.8      Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
 10.9   peace officers, and community corrections agencies operating 
 10.10  secure juvenile detention facilities The initial law enforcement 
 10.11  jurisdiction responsible for a person's arrest or appearance in 
 10.12  court shall take or cause to be taken immediately finger and 
 10.13  thumb prints, photographs, distinctive physical mark 
 10.14  identification data, information on any known aliases or street 
 10.15  names, and other identification data requested or required by 
 10.16  the superintendent of the bureau, of the following: 
 10.17     (1) persons arrested for, appearing in court on a charge 
 10.18  of, or convicted of a felony, gross misdemeanor, or targeted 
 10.19  misdemeanor; 
 10.20     (2) juveniles arrested for, appearing in court on a charge 
 10.21  of, adjudicated delinquent for, or alleged to have committed 
 10.22  felonies or gross misdemeanors as distinguished from those 
 10.23  committed by adult offenders; 
 10.24     (3) persons reasonably believed by the arresting officer to 
 10.25  be fugitives from justice; 
 10.26     (4) persons in whose possession, when arrested, are found 
 10.27  concealed firearms or other dangerous weapons, burglar tools or 
 10.28  outfits, high-power explosives, or articles, machines, or 
 10.29  appliances usable for an unlawful purpose and reasonably 
 10.30  believed by the arresting officer to be intended for such 
 10.31  purposes; and 
 10.32     (5) juveniles referred by a law enforcement agency to a 
 10.33  diversion program for a felony or gross misdemeanor offense. 
 10.34     (b) If the initial law enforcement agency fails to obtain 
 10.35  the required identification data described in paragraph (a), the 
 10.36  sheriff may obtain the required identification data and assess 
 11.1   the cost to the initiating agency. 
 11.2      (c) Unless the superintendent of the bureau requires a 
 11.3   shorter period, within 24 hours the fingerprint records and 
 11.4   other identification data specified under paragraph (a) must be 
 11.5   forwarded to the bureau on such forms and in such manner as may 
 11.6   be prescribed by the superintendent. 
 11.7      (c) (d) Prosecutors, courts, and probation officers and 
 11.8   their agents, employees, and subordinates, shall attempt to 
 11.9   ensure that the required identification data is taken on a 
 11.10  person described in paragraph (a).  When it is determined that a 
 11.11  person has not provided the required identification data 
 11.12  described in paragraph (a), the court shall order the sheriff to 
 11.13  obtain that data and the sheriff may assess the cost to the 
 11.14  initiating agency.  
 11.15     (d) (e) For purposes of this section, a targeted 
 11.16  misdemeanor is a misdemeanor violation of section 169A.20 
 11.17  (driving while impaired), 518B.01 (order for protection 
 11.18  violation), 609.224 (fifth degree assault), 609.2242 (domestic 
 11.19  assault), 609.746 (interference with privacy), 609.748 
 11.20  (harassment or restraining order violation), or 617.23 (indecent 
 11.21  exposure). 
 11.22     (f) The criminal justice agencies described in paragraph (a)
 11.23  shall take or cause to be taken fingerprints of persons 
 11.24  currently involved in the criminal justice process, on 
 11.25  probation, on parole, or in custody for the offenses in suspense 
 11.26  whom the superintendent of the bureau identifies as being the 
 11.27  subject of a court disposition record and: 
 11.28     (1) who cannot be linked to an arrest record; 
 11.29     (2) whose fingerprints are necessary in order to maintain 
 11.30  and ensure the accuracy of the bureau's criminal history files, 
 11.31  to reduce the number of suspense files; or 
 11.32     (3) to comply with the mandates of section 299C.111, 
 11.33  relating to the reduction of the number of suspense files.  This 
 11.34  duty to obtain fingerprints for the offenses in suspense at the 
 11.35  request of the bureau shall include the requirement that 
 11.36  fingerprints be taken in postarrest interviews, while making 
 12.1   court appearances, while in custody, or while on any form of 
 12.2   probation, diversion, or supervised release. 
 12.3      Sec. 11.  Minnesota Statutes 2002, section 299C.10, is 
 12.4   amended by adding a subdivision to read: 
 12.5      Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
 12.6   FINGERPRINTING.] The superintendent of the bureau shall inform a 
 12.7   prosecuting authority that a person prosecuted by that authority 
 12.8   is the subject of a court disposition record in suspense which 
 12.9   requires fingerprinting under this section.  Upon being notified 
 12.10  by the superintendent or otherwise learning of the suspense 
 12.11  status of a court disposition record, any prosecuting authority 
 12.12  may bring a motion in district court to compel the taking of the 
 12.13  person's fingerprints upon a showing to the court that the 
 12.14  person is the subject of the court disposition record in 
 12.15  suspense.  
 12.16     Sec. 12.  Minnesota Statutes 2002, section 299C.10, 
 12.17  subdivision 2, is amended to read: 
 12.18     Subd. 2.  [LAW ENFORCEMENT EDUCATION.] The sheriffs and 
 12.19  police officers and their agents, employees, and subordinates 
 12.20  who take finger and thumb prints must obtain training in the 
 12.21  proper methods of taking and transmitting finger prints under 
 12.22  this section consistent with bureau requirements. 
 12.23     Sec. 13.  Minnesota Statutes 2002, section 299C.14, is 
 12.24  amended to read: 
 12.25     299C.14 [INFORMATION ON RELEASED PRISONER.] 
 12.26     It shall be the duty of the officials having charge of the 
 12.27  penal institutions of the state or the release of prisoners 
 12.28  therefrom to furnish to the bureau, as the superintendent may 
 12.29  require, finger and thumb prints, photographs, distinctive 
 12.30  physical mark identification data, other identification data, 
 12.31  modus operandi reports, and criminal records of prisoners 
 12.32  heretofore, now, or hereafter confined in such penal 
 12.33  institutions, together with the period of their service and the 
 12.34  time, terms, and conditions of their discharge.  This duty to 
 12.35  furnish information includes, but is not limited to, requests 
 12.36  for fingerprints as the superintendent of the bureau deems 
 13.1   necessary to maintain and ensure the accuracy of the bureau's 
 13.2   criminal history files, to reduce the number of suspense files, 
 13.3   or to comply with the mandates of section 299C.111 relating to 
 13.4   the reduction of the number of suspense files where a 
 13.5   disposition record is received that cannot be linked to an 
 13.6   arrest record. 
 13.7      Sec. 14.  Minnesota Statutes 2002, section 299C.65, is 
 13.8   amended by adding a subdivision to read: 
 13.9      Subd. 1a.  [DATA CLASSIFICATION.] Data held by and 
 13.10  accessible through CriMNet is classified under section 13.8703. 
 13.11     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
 13.12  611.272, is amended to read: 
 13.13     611.272 [ACCESS TO GOVERNMENT DATA.] 
 13.14     The district public defender, the state public defender, or 
 13.15  an attorney working for a public defense corporation under 
 13.16  section 611.216 has access to the criminal justice data 
 13.17  communications network described in section 299C.46, as provided 
 13.18  in this section.  Access to data under this section is limited 
 13.19  to data regarding the public defender's own client as necessary 
 13.20  to prepare criminal cases in which the public defender has been 
 13.21  appointed, including as follows:  
 13.22     (1) access to data about witnesses in a criminal case shall 
 13.23  be limited to records of criminal convictions; and 
 13.24     (2) access to data regarding the public defender's own 
 13.25  client which includes, but is not limited to, criminal history 
 13.26  data under section 13.87; juvenile offender data under section 
 13.27  299C.095; warrant information data under section 299C.115; 
 13.28  incarceration data under section 299C.14; conditional release 
 13.29  data under section 299C.147; and diversion program data under 
 13.30  section 299C.46, subdivision 5.  
 13.31     The public defender has access to data under this section 
 13.32  whether accessed via CriMNet or other methods.  The public 
 13.33  defender does not have access to law enforcement active 
 13.34  investigative data under section 13.82, subdivision 7; data 
 13.35  protected under section 13.82, subdivision 17; or confidential 
 13.36  arrest warrant indices data under section 13.82, subdivision 19, 
 14.1   or to data systems maintained by a prosecuting attorney.  The 
 14.2   public defender has access to the data at no charge, except for 
 14.3   the monthly network access charge under section 299C.46, 
 14.4   subdivision 3, paragraph (b), and a reasonable installation 
 14.5   charge for a terminal.  Notwithstanding section 13.87, 
 14.6   subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
 14.7   or any other law to the contrary, there shall be no charge to 
 14.8   public defenders for Internet access to the criminal justice 
 14.9   data communications network. 
 14.10     Sec. 16.  [REPORT REQUIRED.] 
 14.11     The Juvenile and Criminal Information Task Force 
 14.12  established under Minnesota Statutes, section 299C.65, shall 
 14.13  study and prepare recommendations for policy group consideration 
 14.14  of the following: 
 14.15     (1) providing Web-based access to CriMNet data by data 
 14.16  subjects; 
 14.17     (2) use of CriMNet data for noncriminal justice background 
 14.18  checks without the consent of the data subject; 
 14.19     (3) advisability of providing public access; 
 14.20     (4) standards for dissemination of CriMNet data to entities 
 14.21  that are not subject to chapter 13; 
 14.22     (5) effect of federal requirements on the rights of 
 14.23  individuals under chapter 13; and 
 14.24     (6) implementing the Minnesota Government Data Practices 
 14.25  Act and court rules of access requirements regarding disclosure 
 14.26  of disputed data held by CriMNet. 
 14.27     The report must be submitted pursuant to Minnesota 
 14.28  Statutes, section 299C.65, subdivision 3, and is due no later 
 14.29  than December 1, 2004. 
 14.30     Sec. 17.  [EFFECTIVE DATE.] 
 14.31     This act is effective the day following final enactment.