SF 1201

1st Engrossment - 84th Legislature (2005 - 2006)

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring all persons 
  1.3             arrested for or convicted of committing a felony to 
  1.4             submit a DNA sample to law enforcement at the time of 
  1.5             booking; appropriating money; amending Minnesota 
  1.6             Statutes 2004, sections 13.6905, subdivision 17; 
  1.7             299C.03; 299C.08; 299C.11; 299C.155; 299C.21; 609.117; 
  1.8             609A.02, subdivision 3; 609A.03, subdivision 7; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 299C; repealing Minnesota Statutes 2004, 
  1.11            section 609.119. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2004, section 13.6905, 
  1.14  subdivision 17, is amended to read: 
  1.15     Subd. 17.  [DNA EVIDENCE.] DNA identification data 
  1.16  maintained by the Bureau of Criminal Apprehension are governed 
  1.17  by section sections 299C.11 and 299C.155. 
  1.18     Sec. 2.  Minnesota Statutes 2004, section 299C.03, is 
  1.19  amended to read: 
  1.20     299C.03 [SUPERINTENDENT; RULES.] 
  1.21     The superintendent, with the approval of the commissioner 
  1.22  of public safety, from time to time, shall make such rules and 
  1.23  adopt such measures as the superintendent deems necessary, 
  1.24  within the provisions and limitations of sections 299C.03 to 
  1.25  299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 
  1.26  299C.21, to secure the efficient operation of the bureau.  The 
  1.27  bureau shall cooperate with the respective sheriffs, constables, 
  1.28  marshals, police, and other peace officers of the state in the 
  2.1   detection of crime and the apprehension of criminals throughout 
  2.2   the state, and shall have the power to conduct such 
  2.3   investigations as the superintendent, with the approval of the 
  2.4   commissioner of public safety, may deem necessary to secure 
  2.5   evidence which may be essential to the apprehension and 
  2.6   conviction of alleged violators of the criminal laws of the 
  2.7   state.  The various members of the bureau shall have and may 
  2.8   exercise throughout the state the same powers of arrest 
  2.9   possessed by a sheriff, but they shall not be employed to render 
  2.10  police service in connection with strikes and other industrial 
  2.11  disputes.  
  2.12     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  2.13     Sec. 3.  Minnesota Statutes 2004, section 299C.08, is 
  2.14  amended to read: 
  2.15     299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.] 
  2.16     The superintendent and each employee in the bureau whom the 
  2.17  superintendent shall designate, before entering upon the 
  2.18  performance of duties under sections 299C.03 to 299C.08, 
  2.19  299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall 
  2.20  take the usual oath.  
  2.21     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  2.22     Sec. 4.  [299C.105] [DNA DATA REQUIRED.] 
  2.23     Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
  2.24  FOR DNA TESTING.] (a) Sheriffs, peace officers, and community 
  2.25  corrections agencies operating secure juvenile detention 
  2.26  facilities shall take or cause to be taken immediately 
  2.27  biological specimens for the purpose of DNA analysis as defined 
  2.28  in section 299C.155, of the following: 
  2.29     (1) persons arrested for, appearing in court on a charge 
  2.30  of, or convicted of or attempting to commit any of the following:
  2.31     (i) murder under section 609.185, 609.19, or 609.195; 
  2.32     (ii) manslaughter under section 609.20 or 609.205; 
  2.33     (iii) assault under section 609.221, 609.222, or 609.223; 
  2.34     (iv) robbery under section 609.24 or aggravated robbery 
  2.35  under section 609.245; 
  2.36     (v) kidnapping under section 609.25; 
  3.1      (vi) false imprisonment under section 609.255; 
  3.2      (vii) criminal sexual conduct under section 609.342, 
  3.3   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
  3.4      (viii) incest under section 609.365; 
  3.5      (ix) burglary under section 609.582, subdivision 1; or 
  3.6      (x) indecent exposure under section 617.23, subdivision 3; 
  3.7      (2) persons sentenced as patterned sex offenders under 
  3.8   section 609.108; or 
  3.9      (3) juveniles arrested for, appearing in court on a charge 
  3.10  of, adjudicated delinquent for, or alleged to have committed or 
  3.11  attempted to commit any of the following: 
  3.12     (i) murder under section 609.185, 609.19, or 609.195; 
  3.13     (ii) manslaughter under section 609.20 or 609.205; 
  3.14     (iii) assault under section 609.221, 609.222, or 609.223; 
  3.15     (iv) robbery under section 609.24 or aggravated robbery 
  3.16  under section 609.245; 
  3.17     (v) kidnapping under section 609.25; 
  3.18     (vi) false imprisonment under section 609.255; 
  3.19     (vii) criminal sexual conduct under section 609.342, 
  3.20  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
  3.21     (viii) incest under section 609.365; 
  3.22     (ix) burglary under section 609.582, subdivision 1; or 
  3.23     (x) indecent exposure under section 617.23, subdivision 3.  
  3.24     (b) Unless the superintendent of the bureau requires a 
  3.25  shorter period, within 72 hours the biological specimen required 
  3.26  under paragraph (a) must be forwarded to the bureau in such a 
  3.27  manner as may be prescribed by the superintendent. 
  3.28     (c) Prosecutors, courts, and probation officers shall 
  3.29  attempt to ensure that the biological specimen is taken on a 
  3.30  person described in paragraph (a). 
  3.31     Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
  3.32  collect the biological specimens required under subdivision 1 
  3.33  must be trained to bureau-established standards in the proper 
  3.34  method of collecting and transmitting biological specimens. 
  3.35     Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
  3.36  analysis on biological specimens and enter the results of its 
  4.1   analysis in the combined DNA index system within 30 days after 
  4.2   specimens are received under this section. 
  4.3      [EFFECTIVE DATE.] This section is effective July 1, 2005, 
  4.4   and applies to persons arrested on or after that date. 
  4.5      Sec. 5.  [299C.106] [ADDITIONAL DNA DATA REQUIRED.] 
  4.6      Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
  4.7   FOR DNA TESTING.] (a) As of July 1, 2010, sheriffs, peace 
  4.8   officers, and community corrections agencies operating secure 
  4.9   juvenile detention facilities shall take or cause to be taken 
  4.10  immediately biological specimens for the purpose of DNA analysis 
  4.11  as defined in section 299C.155, of the following: 
  4.12     (1) persons arrested for, appearing in court on a charge 
  4.13  of, or convicted of or attempting to commit any felony that is 
  4.14  not described in section 299C.105, subdivision 1, paragraph (a), 
  4.15  clause (1); and 
  4.16     (2) juveniles arrested for, appearing in court on a charge 
  4.17  of, adjudicated delinquent for, or alleged to have committed or 
  4.18  attempted to commit any offense not described in section 
  4.19  299C.105, subdivision 1, paragraph (a), clause (3). 
  4.20     (b) Unless the superintendent of the bureau requires a 
  4.21  shorter period, within 72 hours the biological specimen required 
  4.22  under paragraph (a) must be forwarded to the bureau in such a 
  4.23  manner as may be prescribed by the superintendent. 
  4.24     (c) Prosecutors, courts, and probation officers shall 
  4.25  attempt to ensure that the biological specimen is taken on a 
  4.26  person described in paragraph (a). 
  4.27     Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
  4.28  collect the biological specimens required under subdivision 1 
  4.29  must be trained to bureau-established standards in the proper 
  4.30  method of collecting and transmitting biological specimens. 
  4.31     Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
  4.32  analysis on biological specimens and enter the results of its 
  4.33  analysis in the combined DNA index system within 30 days after 
  4.34  specimens are received under this section.  
  4.35     [EFFECTIVE DATE.] This section is effective July 1, 2010, 
  4.36  and applies to persons arrested on or after that date. 
  5.1      Sec. 6.  Minnesota Statutes 2004, section 299C.11, is 
  5.2   amended to read: 
  5.3      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
  5.4      Subdivision 1.  [FINGERPRINTS IDENTIFICATION DATA OTHER 
  5.5   THAN DNA.] (a) Each sheriff and chief of police shall furnish 
  5.6   the bureau, upon such form as the superintendent shall 
  5.7   prescribe, with such finger and thumb prints, photographs, 
  5.8   distinctive physical mark identification data, information on 
  5.9   known aliases and street names, and other identification data as 
  5.10  may be requested or required by the superintendent of the 
  5.11  bureau, which must be taken under the provisions of section 
  5.12  299C.10.  In addition, sheriffs and chiefs of police shall 
  5.13  furnish this identification data to the bureau for individuals 
  5.14  found to have been convicted of a felony, gross misdemeanor, or 
  5.15  targeted misdemeanor, within the ten years immediately preceding 
  5.16  their arrest.  
  5.17     (b) No petition under chapter 609A is required if the 
  5.18  person has not been convicted of any felony or gross 
  5.19  misdemeanor, either within or without the state, within the 
  5.20  period of ten years immediately preceding the determination of 
  5.21  all pending criminal actions or proceedings in favor of the 
  5.22  arrested person, and either of the following occurred: 
  5.23     (1) all charges were dismissed prior to a determination of 
  5.24  probable cause; or 
  5.25     (2) the prosecuting authority declined to file any charges 
  5.26  and a grand jury did not return an indictment. 
  5.27  Where these conditions are met, the bureau or agency shall, upon 
  5.28  demand, return to the arrested person finger and thumb prints, 
  5.29  photographs, distinctive physical mark identification data, 
  5.30  information on known aliases and street names, and other 
  5.31  identification data, and all copies and duplicates of them. 
  5.32     (c) Except as otherwise provided in paragraph (b), upon the 
  5.33  determination of all pending criminal actions or proceedings in 
  5.34  favor of the arrested person, and the granting of the petition 
  5.35  of the arrested person under chapter 609A, the bureau shall seal 
  5.36  finger and thumb prints, photographs, distinctive physical mark 
  6.1   identification data, information on known aliases and street 
  6.2   names, and other identification data, and all copies and 
  6.3   duplicates of them if the arrested person has not been convicted 
  6.4   of any felony or gross misdemeanor, either within or without the 
  6.5   state, within the period of ten years immediately preceding such 
  6.6   determination. 
  6.7      (d) DNA samples and DNA records of the arrested person 
  6.8   shall not be returned, sealed, or destroyed as to a charge 
  6.9   supported by probable cause.  
  6.10     (e) For purposes of this section: 
  6.11     (1) "determination of all pending criminal actions or 
  6.12  proceedings in favor of the arrested person" does not include: 
  6.13     (i) the sealing of a criminal record pursuant to section 
  6.14  152.18, subdivision 1, 242.31, or chapter 609A; 
  6.15     (ii) the arrested person's successful completion of a 
  6.16  diversion program; 
  6.17     (iii) an order of discharge under section 609.165; or 
  6.18     (iv) a pardon granted under section 638.02; and 
  6.19     (2) "targeted misdemeanor" has the meaning given in section 
  6.20  299C.10, subdivision 1. 
  6.21     Subd. 2.  [DNA SAMPLES AND RECORDS.] (a) Each sheriff and 
  6.22  chief of police shall furnish the bureau, in such form as the 
  6.23  superintendent shall prescribe, with the biological specimens 
  6.24  required to be taken under section 299C.105. 
  6.25     (b) No petition under chapter 609A is required if the 
  6.26  person has not been convicted of any felony, either within or 
  6.27  without the state, within the period of ten years immediately 
  6.28  preceding the determination of all pending criminal actions or 
  6.29  proceedings in favor of the arrested person, and either of the 
  6.30  following occurred:  
  6.31     (1) all charges were dismissed prior to a determination of 
  6.32  probable cause; or 
  6.33     (2) the prosecuting authority declined to file any charges 
  6.34  or a grand jury did not return an indictment.  Where these 
  6.35  conditions are met, the bureau or agency shall remove the 
  6.36  person's information from the bureau's combined DNA index system 
  7.1   and return to the arrested person the biological specimen, all 
  7.2   related records, and all copies and duplicates of them.  
  7.3      (c) Except as otherwise provided in paragraph (b), upon the 
  7.4   determination of all pending criminal actions or proceedings in 
  7.5   favor of the arrested person, and the granting of the petition 
  7.6   of the arrested person under chapter 609A, the bureau shall 
  7.7   remove the person's information from the bureau's combined DNA 
  7.8   index system and seal the biological specimen, all related 
  7.9   records, and all copies and duplicates of them, if the arrested 
  7.10  person has not been convicted of any felony, either within or 
  7.11  without the state, within the period of ten years immediately 
  7.12  preceding such determination.  The remedies in section 13.08 
  7.13  apply to a violation of this subdivision. 
  7.14     Subd. 3.  [DEFINITIONS.] As used in this section, the 
  7.15  following terms have the definitions provided: 
  7.16     (1) "determination of all pending criminal actions or 
  7.17  proceedings in favor of the arrested person" does not include: 
  7.18     (i) the sealing of a criminal record pursuant to sections 
  7.19  152.18, subdivision 1; and 242.31; or chapter 609A; 
  7.20     (ii) the arrested person's successful completion of a 
  7.21  diversion program; 
  7.22     (iii) an order of discharge under section 609.165; or 
  7.23     (iv) a pardon granted under section 638.02; and 
  7.24     (2) "targeted misdemeanor" has the meaning given in section 
  7.25  299C.10, subdivision 1. 
  7.26     [EFFECTIVE DATE.] This section is effective July 1, 2005, 
  7.27  and applies to offenders arrested on or after that date. 
  7.28     Sec. 7.  Minnesota Statutes 2004, section 299C.155, is 
  7.29  amended to read: 
  7.30     299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.] 
  7.31     Subdivision 1.  [DEFINITION.] As used in this section, "DNA 
  7.32  analysis" means the process through which deoxyribonucleic acid 
  7.33  (DNA) in a human biological specimen is analyzed and compared 
  7.34  with DNA from another human biological specimen for 
  7.35  identification purposes. 
  7.36     Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
  8.1   develop uniform procedures and protocols for collecting evidence 
  8.2   in cases of alleged or suspected criminal sexual conduct, 
  8.3   including procedures and protocols for the collection and 
  8.4   preservation of human biological specimens for DNA analysis. Law 
  8.5   enforcement agencies and medical personnel who conduct 
  8.6   evidentiary exams shall use the uniform procedures and protocols 
  8.7   in their investigation of criminal sexual conduct offenses.  The 
  8.8   uniform procedures and protocols developed under this 
  8.9   subdivision are not subject to the rulemaking provisions of 
  8.10  chapter 14. 
  8.11     Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
  8.12  adopt uniform procedures and protocols to maintain, preserve, 
  8.13  and analyze human biological specimens for DNA.  The bureau 
  8.14  shall establish a centralized system to cross-reference data 
  8.15  obtained from DNA analysis.  Data contained on the bureau's 
  8.16  centralized system is private data on individuals, as that term 
  8.17  is defined in section 13.02.  The bureau's centralized system 
  8.18  may only be accessed by authorized law enforcement personnel and 
  8.19  used solely for law enforcement identification purposes.  The 
  8.20  remedies in section 13.08 apply to a violation of this 
  8.21  subdivision.  The uniform procedures and protocols developed 
  8.22  under this subdivision are not subject to the rulemaking 
  8.23  provisions of chapter 14. 
  8.24     Subd. 4.  [RECORD.] The bureau shall perform DNA analysis 
  8.25  and make data obtained available to law enforcement officials in 
  8.26  connection with criminal investigations in which human 
  8.27  biological specimens have been recovered.  Upon request, the 
  8.28  bureau shall also make the data available to the prosecutor and 
  8.29  the subject of the data in any subsequent criminal prosecution 
  8.30  of the subject.  The results of the bureau's DNA analysis and 
  8.31  related records are private data on individuals, as that term is 
  8.32  defined in section 13.02, and may only be used for law 
  8.33  enforcement identification purposes.  The remedies in section 
  8.34  13.08 apply to a violation of this subdivision.  
  8.35     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  8.36     Sec. 8.  Minnesota Statutes 2004, section 299C.21, is 
  9.1   amended to read: 
  9.2      299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.] 
  9.3      If any public official charged with the duty of furnishing 
  9.4   to the bureau fingerprint records, biological specimens, 
  9.5   reports, or other information required by sections 299C.06, 
  9.6   299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to 
  9.7   comply with such requirement, the bureau, in writing, shall 
  9.8   notify the state, county, or city officer charged with the 
  9.9   issuance of a warrant for the payment of the salary of such 
  9.10  official.  Upon the receipt of the notice the state, county, or 
  9.11  city official shall withhold the issuance of a warrant for the 
  9.12  payment of the salary or other compensation accruing to such 
  9.13  officer for the period of 30 days thereafter until notified by 
  9.14  the bureau that such suspension has been released by the 
  9.15  performance of the required duty.  
  9.16     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  9.17     Sec. 9.  Minnesota Statutes 2004, section 609.117, is 
  9.18  amended to read: 
  9.19     609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
  9.20     Subdivision 1.  [UPON SENTENCING.] If an offender has not 
  9.21  already done so, the court shall order an offender to provide a 
  9.22  biological specimen for the purpose of DNA analysis as defined 
  9.23  in section 299C.155 when: 
  9.24     (1) the court sentences a person charged with violating or 
  9.25  attempting to violate any of the following, committing or 
  9.26  attempting to commit a felony offense and the person is 
  9.27  convicted of that offense or of any offense arising out of the 
  9.28  same set of circumstances: 
  9.29     (i) murder under section 609.185, 609.19, or 609.195; 
  9.30     (ii) manslaughter under section 609.20 or 609.205; 
  9.31     (iii) assault under section 609.221, 609.222, or 609.223; 
  9.32     (iv) robbery under section 609.24 or aggravated robbery 
  9.33  under section 609.245; 
  9.34     (v) kidnapping under section 609.25; 
  9.35     (vi) false imprisonment under section 609.255; 
  9.36     (vii) criminal sexual conduct under section 609.342, 
 10.1   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
 10.2      (viii) incest under section 609.365; 
 10.3      (ix) burglary under section 609.582, subdivision 1; or 
 10.4      (x) indecent exposure under section 617.23, subdivision 3; 
 10.5      (2) the court sentences a person as a patterned sex 
 10.6   offender under section 609.108; or 
 10.7      (3) (2) the juvenile court adjudicates a person a 
 10.8   delinquent child who is the subject of a delinquency petition 
 10.9   for violating or attempting to violate any of the following, and 
 10.10  the delinquency adjudication is based on a violation of one of 
 10.11  those sections or of any offense arising out of the same set of 
 10.12  circumstances: 
 10.13     (i) murder under section 609.185, 609.19, or 609.195; 
 10.14     (ii) manslaughter under section 609.20 or 609.205; 
 10.15     (iii) assault under section 609.221, 609.222, or 609.223; 
 10.16     (iv) robbery under section 609.24 or aggravated robbery 
 10.17  under section 609.245; 
 10.18     (v) kidnapping under section 609.25; 
 10.19     (vi) false imprisonment under section 609.255; 
 10.20     (vii) criminal sexual conduct under section 609.342, 
 10.21  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
 10.22     (viii) incest under section 609.365; 
 10.23     (ix) burglary under section 609.582, subdivision 1; or 
 10.24     (x) indecent exposure under section 617.23, subdivision 
 10.25  3 petitioned for committing or attempting to commit a felony 
 10.26  offense and is adjudicated delinquent for that offense or any 
 10.27  offense arising out of the same set of circumstances. 
 10.28  The biological specimen or the results of the analysis shall be 
 10.29  maintained by the Bureau of Criminal Apprehension as provided in 
 10.30  section 299C.155. 
 10.31     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 10.32  or local corrections authority shall order a person to provide a 
 10.33  biological specimen for the purpose of DNA analysis before 
 10.34  completion of the person's term of imprisonment when the person 
 10.35  has not provided a biological specimen for the purpose of DNA 
 10.36  analysis and the person: 
 11.1      (1) is currently serving a term of imprisonment for or has 
 11.2   a past conviction for violating or attempting to violate any of 
 11.3   the following or a similar law of another state or the United 
 11.4   States or was initially charged with violating one of the 
 11.5   following sections or a similar law of another state or the 
 11.6   United States and committing or attempting to commit a felony 
 11.7   offense and was convicted of another that offense or of any 
 11.8   offense arising out of the same set of circumstances, or the 
 11.9   person has a past felony conviction: 
 11.10     (i) murder under section 609.185, 609.19, or 609.195; 
 11.11     (ii) manslaughter under section 609.20 or 609.205; 
 11.12     (iii) assault under section 609.221, 609.222, or 609.223; 
 11.13     (iv) robbery under section 609.24 or aggravated robbery 
 11.14  under section 609.245; 
 11.15     (v) kidnapping under section 609.25; 
 11.16     (vi) false imprisonment under section 609.255; 
 11.17     (vii) criminal sexual conduct under section 609.342, 
 11.18  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
 11.19     (viii) incest under section 609.365; 
 11.20     (ix) burglary under section 609.582, subdivision 1; or 
 11.21     (x) indecent exposure under section 617.23, subdivision 3; 
 11.22  or 
 11.23     (2) was sentenced as a patterned sex offender under section 
 11.24  609.108, and committed to the custody of the commissioner of 
 11.25  corrections; or 
 11.26     (3) (2) is serving a term of imprisonment in this state 
 11.27  under a reciprocal agreement although convicted in another state 
 11.28  of an offense described in this subdivision or a similar law of 
 11.29  the United States or any other state committing or attempting to 
 11.30  commit a felony offense or of any offense arising out of the 
 11.31  same set of circumstances if the person was initially charged 
 11.32  with committing or attempting to commit a felony offense.  The 
 11.33  commissioner of corrections or local corrections authority shall 
 11.34  forward the sample to the Bureau of Criminal Apprehension. 
 11.35     Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
 11.36  accepts an offender from another state under the interstate 
 12.1   compact authorized by section 243.16, the acceptance is 
 12.2   conditional on the offender providing a biological specimen for 
 12.3   the purposes of DNA analysis as defined in section 299C.155, if 
 12.4   the offender was convicted of an offense described in 
 12.5   subdivision 1 or a similar law of the United States or any other 
 12.6   state initially charged with committing or attempting to commit 
 12.7   a felony offense and was convicted of that offense or of any 
 12.8   offense arising out of the same set of circumstances.  The 
 12.9   specimen must be provided under supervision of staff from the 
 12.10  Department of Corrections or a Community Corrections Act county 
 12.11  within 15 business days after the offender reports to the 
 12.12  supervising agent.  The cost of obtaining the biological 
 12.13  specimen is the responsibility of the agency providing 
 12.14  supervision.  
 12.15     [EFFECTIVE DATE.] This section is effective July 1, 2005, 
 12.16  and applies to offenders sentenced, released from incarceration, 
 12.17  or accepted for supervision on or after that date. 
 12.18     Sec. 10.  Minnesota Statutes 2004, section 609A.02, 
 12.19  subdivision 3, is amended to read: 
 12.20     Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
 12.21  CONVICTION.] A petition may be filed under section 609A.03 to 
 12.22  seal all records relating to an arrest, indictment or 
 12.23  information, trial, or verdict if the records are not subject to 
 12.24  section 299C.11, subdivision 1, paragraph (b), and if all 
 12.25  pending actions or proceedings were resolved in favor of the 
 12.26  petitioner.  For purposes of this chapter, a verdict of not 
 12.27  guilty by reason of mental illness is not a resolution in favor 
 12.28  of the petitioner. 
 12.29     Sec. 11. Minnesota Statutes 2004, section 609A.03, 
 12.30  subdivision 7, is amended to read: 
 12.31     Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
 12.32  expungement order related to a charge supported by probable 
 12.33  cause, the DNA samples and DNA records held by the Bureau of 
 12.34  Criminal Apprehension shall not be sealed, returned to the 
 12.35  subject of the record, or destroyed. 
 12.36     (b) Notwithstanding the issuance of an expungement order: 
 13.1      (1) an expunged record may be opened for purposes of a 
 13.2   criminal investigation, prosecution, or sentencing, upon an ex 
 13.3   parte court order; and 
 13.4      (2) an expunged record of a conviction may be opened for 
 13.5   purposes of evaluating a prospective employee in a criminal 
 13.6   justice agency without a court order. 
 13.7      Upon request by law enforcement, prosecution, or 
 13.8   corrections authorities, an agency or jurisdiction subject to an 
 13.9   expungement order shall inform the requester of the existence of 
 13.10  a sealed record and of the right to obtain access to it as 
 13.11  provided by this paragraph.  For purposes of this section, a 
 13.12  "criminal justice agency" means courts or a government agency 
 13.13  that performs the administration of criminal justice under 
 13.14  statutory authority.  
 13.15     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 13.16     Sec. 12.  [APPROPRIATION.] 
 13.17     $....... is appropriated from the general fund to the 
 13.18  commissioner of public safety to fund the DNA collection and 
 13.19  testing required by this act.  The appropriation is available 
 13.20  for the biennium ending June 30, 2007. 
 13.21     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 13.22     Sec. 13.  [REVISOR'S INSTRUCTION.] 
 13.23     In each section of Minnesota Statutes where section 
 13.24  299C.105 is cross-referenced, the revisor of statutes shall 
 13.25  insert a cross-reference to section 299C.106. 
 13.26     [EFFECTIVE DATE.] This section is effective July 1, 2010. 
 13.27     Sec. 14.  [REPEALER.] 
 13.28     Minnesota Statutes 2004, section 609.119, is repealed. 
 13.29     [EFFECTIVE DATE.] This section is effective July 1, 2005.