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, by adding 
  1.8             subdivisions; 13.03, subdivision 4; 299C.10, 
  1.9             subdivisions 1, 2, by adding a subdivision; 299C.14; 
  1.10            299C.65, by adding a subdivision; Minnesota Statutes 
  1.11            2003 Supplement, section 611.272; proposing coding for 
  1.12            new law in Minnesota Statutes, chapter 13. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 13.02, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 7b.  [INFORMATION MANAGEMENT SYSTEM.] "Information 
  1.17  management system" means an electronic system used or maintained 
  1.18  by a government entity for the management of government data. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 13.02, is amended 
  1.20  by adding a subdivision to read: 
  1.21     Subd. 7c.  [INFORMATION POLICY STATUTES.] (a) "Information 
  1.22  policy statutes" means this chapter, section 15.17, and sections 
  1.23  138.163 to 138.225. 
  1.24     (b) "Compliance with information policy statutes" means 
  1.25  that a government entity must do the following if they have not 
  1.26  already done so: 
  1.27     (1) Appoint a responsible authority and prepare a public 
  1.28  document identifying the responsible authority's name, title, 
  1.29  and work address; 
  2.1      (2) Appoint a compliance official; 
  2.2      (3) Post the names of data practices designees, if 
  2.3   appointed; 
  2.4      (4) Design forms for obtaining informed consent for release 
  2.5   or new uses of private data; 
  2.6      (5) Train designees and other staff in information policy 
  2.7   statutes compliance; 
  2.8      (6) Establish procedures: 
  2.9      (i) to ensure that officials respond promptly to requests 
  2.10  for government data; 
  2.11     (ii) to ensure that data on individuals are accurate, 
  2.12  complete, and current; 
  2.13     (iii) to ensure security safeguards for data on 
  2.14  individuals; and 
  2.15     (iv) for parents to access data about their minor children; 
  2.16     (7) Prepare a public document containing the rights of a 
  2.17  data subject to access public and private data about the subject 
  2.18  and how the subject may verify the subject's identity; 
  2.19     (8) Publish procedures to prevent unauthorized access to 
  2.20  private and confidential data; 
  2.21     (9) Prepare and annually update an inventory of records 
  2.22  containing data on individuals, including data collection forms; 
  2.23  and identify the purposes, uses, and recipients of private and 
  2.24  confidential data on individuals collected by the government 
  2.25  entity; 
  2.26     (10) Establish procedures for gaining access to summary 
  2.27  data and prepare summary data upon written request; 
  2.28     (11) Share not public data with another entity only as 
  2.29  required or authorized by state statute or federal law; 
  2.30     (12) Modify data collection and maintenance procedures for 
  2.31  the purpose of eliminating unnecessary data; 
  2.32     (13) Periodically review data to determine which data are 
  2.33  necessary to retain; 
  2.34     (14) Make and preserve all records necessary to a full and 
  2.35  accurate knowledge of the entity's official activities; 
  2.36     (15) Dispose of records or transfer them to archives in 
  3.1   accordance with statutory procedures and approved records 
  3.2   retention schedules; and 
  3.3      (16) When preparing a contract by which a private sector 
  3.4   contractor performs government functions or obtains data on 
  3.5   individuals from a government entity, include provisions that 
  3.6   require the private contractor to comply with this chapter. 
  3.7      Sec. 3.  Minnesota Statutes 2002, section 13.03, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
  3.10  DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 
  3.11  the possession of an agency shall change if it is required to do 
  3.12  so to comply with either judicial or administrative rules 
  3.13  pertaining to the conduct of legal actions or with a specific 
  3.14  statute applicable to the data in the possession of the 
  3.15  disseminating or receiving agency. 
  3.16     (b) If data on individuals is classified as both private 
  3.17  and confidential by this chapter, or any other statute or 
  3.18  federal law, the data is private.  
  3.19     (c) To the extent that government data is disseminated to 
  3.20  state agencies, political subdivisions, or statewide systems by 
  3.21  another state agency, political subdivision, or statewide 
  3.22  system, the data disseminated shall have the same classification 
  3.23  in the hands of the agency receiving it as it had in the hands 
  3.24  of the entity providing it. 
  3.25     (d) If a state agency, statewide system, or political 
  3.26  subdivision disseminates data to another state agency, statewide 
  3.27  system, or political subdivision, a classification provided for 
  3.28  by law in the hands of the entity receiving the data does not 
  3.29  affect the classification of the data in the hands of the entity 
  3.30  that disseminates the data. 
  3.31     (e) To the extent that judicial branch data is disseminated 
  3.32  to government entities by the judicial branch, the data 
  3.33  disseminated shall have the same level of accessibility in the 
  3.34  hands of the agency receiving it as it had in the hands of the 
  3.35  judicial branch entity providing it. 
  3.36     Sec. 4.  [13.8703] [CRIMNET DATA CLASSIFICATION.] 
  4.1      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  4.2   section, the following terms have the meanings given them. 
  4.3      (a) "CriMNet" is a statewide system which integrates or 
  4.4   interconnects data from multiple criminal justice agency 
  4.5   information systems. 
  4.6      (b) "CriMNet data" are criminal justice agency data 
  4.7   created, collected, used, or maintained in the prevention, 
  4.8   investigation, and prosecution of crime, and any resulting 
  4.9   criminal justice system response held or accessed by CriMNet. 
  4.10     (c) "Audit trail data" are data created, used, or 
  4.11  maintained by CriMNet for the purposes of ensuring and verifying 
  4.12  that CriMNet was only accessed by authorized persons for 
  4.13  authorized purposes. 
  4.14     Subd. 2.  [DATA CLASSIFICATION.] Data accessed or 
  4.15  maintained by CriMNet shall be subject to the provisions of 
  4.16  section 13.03, subdivision 4, paragraphs (c) and (e).  Except 
  4.17  for the exercise of rights by individuals under section 13.04, 
  4.18  access to CriMNet data is limited to criminal justice agencies 
  4.19  as defined in section 299C.46, subdivision 2; public defenders 
  4.20  as provided in section 611.272; federal criminal justice 
  4.21  agencies as defined in Code of Federal Regulations, title 18, 
  4.22  section 20.3(g); and criminal justice agencies of other states.  
  4.23  Audit trail data created and maintained by CriMNet is classified 
  4.24  as protected nonpublic or confidential and shall be accessible 
  4.25  by persons who require access to ensure the security of CriMNet. 
  4.26     Subd. 3.  [REQUESTS BY DATA SUBJECT.] When individual 
  4.27  subjects of data make a request for access to data about 
  4.28  themselves under section 13.04, subdivision 3, state or local 
  4.29  law enforcement agencies with CriMNet access shall only provide 
  4.30  a list of the originating agencies that have provided data about 
  4.31  that individual to CriMNet.  In addition to other routine 
  4.32  audits, CriMNet shall conduct audits of system use based on 
  4.33  complaints made by data subjects who believe that unauthorized 
  4.34  access to or use of CriMNet data about them has occurred, if, 
  4.35  after a review by the CriMNet responsible authority, the 
  4.36  complaint is found to have merit.  Upon completion of an audit, 
  5.1   CriMNet shall provide the data subject who made the complaint 
  5.2   with a summary of the outcome of the audit including any 
  5.3   administrative or disciplinary actions recommended or taken for 
  5.4   misuse of CriMNet access about that data subject.  CriMNet shall 
  5.5   maintain an Internet listing of all law enforcement agencies 
  5.6   with CriMNet access. 
  5.7      Subd. 4.  [CRIMNET TRAINING.] Criminal justice agency 
  5.8   personnel who access CriMNet data must receive training provided 
  5.9   by the commissioner in the provisions of law that govern access 
  5.10  to the data, including rights of individuals to access and to 
  5.11  contest the accuracy and completeness of public or private data. 
  5.12     Sec. 5.  Minnesota Statutes 2002, section 299C.10, 
  5.13  subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
  5.15  peace officers, and community corrections agencies operating 
  5.16  secure juvenile detention facilities The initial law enforcement 
  5.17  jurisdiction responsible for a person's arrest or appearance in 
  5.18  court shall take or cause to be taken immediately finger and 
  5.19  thumb prints, photographs, distinctive physical mark 
  5.20  identification data, information on any known aliases or street 
  5.21  names, and other identification data requested or required by 
  5.22  the superintendent of the bureau, of the following: 
  5.23     (1) persons arrested for, appearing in court on a charge 
  5.24  of, or convicted of a felony, gross misdemeanor, or targeted 
  5.25  misdemeanor; 
  5.26     (2) juveniles arrested for, appearing in court on a charge 
  5.27  of, adjudicated delinquent for, or alleged to have committed 
  5.28  felonies or gross misdemeanors as distinguished from those 
  5.29  committed by adult offenders; 
  5.30     (3) persons reasonably believed by the arresting officer to 
  5.31  be fugitives from justice; 
  5.32     (4) persons in whose possession, when arrested, are found 
  5.33  concealed firearms or other dangerous weapons, burglar tools or 
  5.34  outfits, high-power explosives, or articles, machines, or 
  5.35  appliances usable for an unlawful purpose and reasonably 
  5.36  believed by the arresting officer to be intended for such 
  6.1   purposes; and 
  6.2      (5) juveniles referred by a law enforcement agency to a 
  6.3   diversion program for a felony or gross misdemeanor offense. 
  6.4      (b) If the initial law enforcement agency fails to obtain 
  6.5   the required identification data described in paragraph (a), the 
  6.6   sheriff may obtain the required identification data and assess 
  6.7   the cost to the initiating agency. 
  6.8      (c) Unless the superintendent of the bureau requires a 
  6.9   shorter period, within 24 hours the fingerprint records and 
  6.10  other identification data specified under paragraph (a) must be 
  6.11  forwarded to the bureau on such forms and in such manner as may 
  6.12  be prescribed by the superintendent. 
  6.13     (c) (d) Prosecutors, courts, and probation officers and 
  6.14  their agents, employees, and subordinates, shall attempt to 
  6.15  ensure that the required identification data is taken on a 
  6.16  person described in paragraph (a).  When it is determined that a 
  6.17  person has not provided the required identification data 
  6.18  described in paragraph (a), the court shall order the sheriff to 
  6.19  obtain that data and the sheriff may assess the cost to the 
  6.20  initiating agency.  Law enforcement may take fingerprints of an 
  6.21  individual who is presently on probation.  
  6.22     (d) (e) For purposes of this section, a targeted 
  6.23  misdemeanor is a misdemeanor violation of section 169A.20 
  6.24  (driving while impaired), 518B.01 (order for protection 
  6.25  violation), 609.224 (fifth degree assault), 609.2242 (domestic 
  6.26  assault), 609.746 (interference with privacy), 609.748 
  6.27  (harassment or restraining order violation), or 617.23 (indecent 
  6.28  exposure). 
  6.29     (f) The criminal justice agencies described in paragraph (a)
  6.30  shall take or cause to be taken fingerprints of persons 
  6.31  currently involved in the criminal justice process, on 
  6.32  probation, on parole, or in custody for the offenses in suspense 
  6.33  whom the superintendent of the bureau identifies as being the 
  6.34  subject of a court disposition record and: 
  6.35     (1) who cannot be linked to an arrest record; 
  6.36     (2) whose fingerprints are necessary in order to maintain 
  7.1   and ensure the accuracy of the bureau's criminal history files, 
  7.2   to reduce the number of suspense files; or 
  7.3      (3) to comply with the mandates of section 299C.111, 
  7.4   relating to the reduction of the number of suspense files.  This 
  7.5   duty to obtain fingerprints for the offenses in suspense at the 
  7.6   request of the bureau shall include the requirement that 
  7.7   fingerprints be taken in postarrest interviews, while making 
  7.8   court appearances, while in custody, or while on any form of 
  7.9   probation, diversion, or supervised release. 
  7.10     Sec. 6.  Minnesota Statutes 2002, section 299C.10, is 
  7.11  amended by adding a subdivision to read: 
  7.12     Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
  7.13  FINGERPRINTING.] The superintendent of the bureau shall inform a 
  7.14  prosecuting authority that a person prosecuted by that authority 
  7.15  is the subject of a court disposition record in suspense which 
  7.16  requires fingerprinting under this section.  Upon being notified 
  7.17  by the superintendent or otherwise learning of the suspense 
  7.18  status of a court disposition record, any prosecuting authority 
  7.19  may bring a motion in district court to compel the taking of the 
  7.20  person's fingerprints upon a showing to the court that the 
  7.21  person is the subject of the court disposition record in 
  7.22  suspense.  
  7.23     Sec. 7.  Minnesota Statutes 2002, section 299C.10, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  [LAW ENFORCEMENT EDUCATION.] The sheriffs and 
  7.26  police officers and their agents, employees, and subordinates 
  7.27  who take finger and thumb prints must obtain training in the 
  7.28  proper methods of taking and transmitting finger prints under 
  7.29  this section consistent with bureau requirements. 
  7.30     Sec. 8.  Minnesota Statutes 2002, section 299C.14, is 
  7.31  amended to read: 
  7.32     299C.14 [INFORMATION ON RELEASED PRISONER.] 
  7.33     It shall be the duty of the officials having charge of the 
  7.34  penal institutions of the state or the release of prisoners 
  7.35  therefrom to furnish to the bureau, as the superintendent may 
  7.36  require, finger and thumb prints, photographs, distinctive 
  8.1   physical mark identification data, other identification data, 
  8.2   modus operandi reports, and criminal records of prisoners 
  8.3   heretofore, now, or hereafter confined in such penal 
  8.4   institutions, together with the period of their service and the 
  8.5   time, terms, and conditions of their discharge.  This duty to 
  8.6   furnish information includes, but is not limited to, requests 
  8.7   for fingerprints as the superintendent of the bureau deems 
  8.8   necessary to maintain and ensure the accuracy of the bureau's 
  8.9   criminal history files, to reduce the number of suspense files, 
  8.10  or to comply with the mandates of section 299C.111 relating to 
  8.11  the reduction of the number of suspense files where a 
  8.12  disposition record is received that cannot be linked to an 
  8.13  arrest record. 
  8.14     Sec. 9.  Minnesota Statutes 2002, section 299C.65, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 1a.  [DATA CLASSIFICATION.] Data held by and 
  8.17  accessible through CriMNet is classified under section 13.8703. 
  8.18     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  8.19  611.272, is amended to read: 
  8.20     611.272 [ACCESS TO GOVERNMENT DATA.] 
  8.21     The district public defender, the state public defender, or 
  8.22  an attorney working for a public defense corporation under 
  8.23  section 611.216 has access to the criminal justice data 
  8.24  communications network described in section 299C.46, as provided 
  8.25  in this section.  Access to data under this section is limited 
  8.26  to data regarding the public defender's own client as necessary 
  8.27  to prepare criminal cases in which the public defender has been 
  8.28  appointed, including as follows:  
  8.29     (1) access to data about witnesses in a criminal case shall 
  8.30  be limited to records of criminal convictions; and 
  8.31     (2) access to data regarding the public defender's own 
  8.32  client which includes, but is not limited to, criminal history 
  8.33  data under section 13.87; juvenile offender data under section 
  8.34  299C.095; warrant information data under section 299C.115; 
  8.35  incarceration data under section 299C.14; conditional release 
  8.36  data under section 299C.147; and diversion program data under 
  9.1   section 299C.46, subdivision 5.  
  9.2      The public defender has access to data under this section 
  9.3   whether accessed via CriMNet or other methods.  The public 
  9.4   defender does not have access to law enforcement active 
  9.5   investigative data under section 13.82, subdivision 7; data 
  9.6   protected under section 13.82, subdivision 17; or confidential 
  9.7   arrest warrant indices data under section 13.82, subdivision 19, 
  9.8   or to data systems maintained by a prosecuting attorney.  The 
  9.9   public defender has access to the data at no charge, except for 
  9.10  the monthly network access charge under section 299C.46, 
  9.11  subdivision 3, paragraph (b), and a reasonable installation 
  9.12  charge for a terminal.  Notwithstanding section 13.87, 
  9.13  subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
  9.14  or any other law to the contrary, there shall be no charge to 
  9.15  public defenders for Internet access to the criminal justice 
  9.16  data communications network. 
  9.17     Sec. 11.  [REPORT REQUIRED.] 
  9.18     The Juvenile and Criminal Information Task Force 
  9.19  established under Minnesota Statutes, section 299C.65, shall 
  9.20  study and prepare recommendations for policy group consideration 
  9.21  of the following: 
  9.22     (1) providing Web-based access to CriMNet data by data 
  9.23  subjects; 
  9.24     (2) use of CriMNet data for noncriminal justice background 
  9.25  checks without the consent of the data subject; 
  9.26     (3) advisability of providing public access; 
  9.27     (4) standards for dissemination of CriMNet data to entities 
  9.28  that are not subject to Minnesota Statutes, chapter 13; 
  9.29     (5) effect of federal requirements on the rights of 
  9.30  individuals under Minnesota Statutes, chapter 13; and 
  9.31     (6) implementing the Minnesota Government Data Practices 
  9.32  Act and court rules of access requirements regarding disclosure 
  9.33  of disputed data held by CriMNet. 
  9.34     The report must be submitted pursuant to Minnesota 
  9.35  Statutes, section 299C.65, subdivision 3, and is due no later 
  9.36  than December 1, 2004. 
 10.1      Sec. 12.  [EFFECTIVE DATE.] 
 10.2      This act is effective the day following final enactment.