SF 2512

Introduction - 84th Legislature (2005 - 2006)

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

A bill for an act
relating to public safety; prohibiting expungement of photographs of adjudicated
delinquents; prohibiting privacy requirements that prevent sharing of crime
scene photographs; providing for handling of death scene investigations and
identification of remains; requiring the Bureau of Criminal Apprehension to
process forensic evidence within certain time periods; requiring a report on
federal grant money received for DNA analysis; specifying a deadline for
processing certain evidence; amending Minnesota Statutes 2004, section 13.82,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapters 299A; 299C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 29. new text end

new text begin Juvenile offender photographs. new text end

new text begin Notwithstanding section 260B.171,
chapter 609B, or other law to the contrary, photographs or electronically produced images
of children adjudicated delinquent under chapter 260B shall not be expunged from law
enforcement records or databases.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision to
read:

new text begin Subd. 30. new text end

new text begin Crime scene photographs; law enforcement sharing. new text end

new text begin Notwithstanding
sections 13.80 to 13.875 or other law to the contrary, no data privacy or data practices
requirement may prohibit the sharing of local, county, or state crime scene photographs
between law enforcement agencies.
new text end

Sec. 3.

new text begin [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN
REMAINS.
new text end

new text begin Subdivision 1. new text end

new text begin Handling of death scene investigations. new text end

new text begin (a) The Department of
Public Safety shall provide information to local law enforcement agencies about best
practices for handling death scene investigations.
new text end

new text begin (b) The Department of Public Safety shall identify any publications or training
opportunities that may be available to local law enforcement agencies or law enforcement
officers concerning the handling of death scene investigations.
new text end

new text begin Subd. 2. new text end

new text begin Law enforcement reports. new text end

new text begin (a) After performing any death scene
investigation considered appropriate under the circumstances, the official with custody of
the human remains shall ensure that the human remains are delivered to the appropriate
medical examiner.
new text end

new text begin (b) A person with custody of human remains that are not identified within 24 hours
of discovery shall promptly notify the Department of Public Safety of the location of
those remains.
new text end

new text begin (c) A person with custody of remains who cannot determine whether or not the
remains found are human shall notify the Department of Public Safety of the existence of
possible human remains.
new text end

Sec. 4.

new text begin [299A.86] IDENTIFICATION RESPONSIBILITIES.
new text end

new text begin (a) If an official with custody of human remains is not a medical examiner, the
official shall promptly transfer the unidentified remains to the appropriate medical
examiner with responsibility for seeking to determine the identity of the human remains.
new text end

new text begin (b) Notwithstanding any other action considered appropriated for the handling of the
human remains, the medical examiner shall make reasonable attempts to promptly identify
human remains. These actions may include, but are not limited to, obtaining:
new text end

new text begin (1) photographs of the human remains prior to an autopsy;
new text end

new text begin (2) dental or skeletal x-rays;
new text end

new text begin (3) photographs of items found with the human remains;
new text end

new text begin (4) fingerprints from the remains, if possible;
new text end

new text begin (5) samples of tissue suitable for DNA typing, if possible;
new text end

new text begin (6) samples of whole bone or hair, or both, suitable for DNA typing; and
new text end

new text begin (7) any other information that may support identification efforts.
new text end

new text begin (c) No medical examiner or other person shall dispose of or engage in actions that
will materially affect the unidentified human remains before the medical examiner obtains
samples suitable for DNA identification and archiving and photographs of the unidentified
person and human remains, and all other appropriate steps for identification have been
exhausted.
new text end

new text begin (d) Cremation of unidentified human remains is prohibited.
new text end

new text begin (e) The medical examiner, coroner, or Department of Public Safety shall make
reasonable efforts to obtain prompt DNA analysis as defined in section 299C.155 of
biological samples if the human remains have not been identified by other means within
30 days.
new text end

new text begin (f) The medical examiner, coroner, or Department of Public Safety shall seek
support from appropriate state and federal agencies for human remains identification
efforts including, but not limited to, available mitochondrial or nuclear DNA testing,
federal grants for DNA testing, or federal grants for crime laboratory or medical examiner
office improvement.
new text end

new text begin (g) The Department of Public Safety shall promptly enter information in federal and
state databases that can aid in the identification of missing persons. Information must be
entered into federal databases as follows:
new text end

new text begin (1) information for the National Crime Information Center within 72 hours;
new text end

new text begin (2) DNA profiles and information entered into the National DNA Index System
(NDIS) within five business days after the completion of the DNA analysis and procedures
necessary for the entry of the DNA profile; and
new text end

new text begin (3) information sought by the Violent Criminal Apprehension Program database as
soon as practicable.
new text end

new text begin (h) If medical examiner office personnel do not input the data directly into the federal
databases, the Department of Public Safety shall consult with the medical examiner's
office to ensure appropriate training of the data entry personnel and the establishment of a
quality assurance protocol for ensuring the ongoing quality of data entered in the federal
and state databases.
new text end

new text begin (i) Nothing in this section and section 299A.85 precludes a medical examiner office,
the Department of Public Safety, or a local law enforcement agency from pursuing other
efforts to:
new text end

new text begin (1) identify unidentified human remains, including efforts to publicize information,
descriptions, or photographs that may aid in the identification of the unidentified remains;
new text end

new text begin (2) allow family members to identify missing persons; and
new text end

new text begin (3) seek to protect the dignity of the missing persons.
new text end

Sec. 5.

new text begin [299C.106] BCA FORENSIC EVIDENCE PROCESSING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following items have
the meanings given them.
new text end

new text begin (b) "Blood test" means the chemical test for intoxication required under section
169A.51, subdivision 4.
new text end

new text begin (c) "DNA analysis" has the meaning defined in section 299C.155.
new text end

new text begin (d) "Homicide" means murder under section 609.185, 609.19, or 609.195.
new text end

new text begin (e) "Violent crime" means a violation of or an attempt or conspiracy to violate any
of the following laws of this state or any similar laws of the United States or any other
state: sections 152.137; 609.165; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223;
609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 609.345;
609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377;
609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of
chapter 152 that is punishable by a maximum sentence of 15 years or more.
new text end

new text begin Subd. 2. new text end

new text begin Forensic evidence time period processing requirements. new text end

new text begin (a) The Bureau
of Criminal Apprehension shall adopt forensic evidence time processing standards
effective by no later than July 1, 2006. The processing time standards for forensic
evidence shall be in conformance with paragraph (b).
new text end

new text begin (b) Upon submission of forensic evidence by sheriffs, chiefs of police, or state or
local correction authorities to the Bureau of Criminal Apprehension, the bureau shall
complete processing the evidence within the following time periods:
new text end

new text begin (1) for an alleged homicide, within no later than 72 hours of the time of submission;
new text end

new text begin (2) for an alleged violent crime, within no later than seven days of the time of
submission;
new text end

new text begin (3) for an alleged crime not specified in clause (1) or (2), including a violation
under chapter 169A involving a driving while impaired blood test, within no later than
three weeks of the time of submission; and
new text end

new text begin (4) for DNA analysis of inmates under section 609.117, subdivision 2, within no
later than 60 days or the term of incarceration, whichever period occurs first.
new text end

new text begin Subd. 3. new text end

new text begin Forensic evidence processing deadline. new text end

new text begin The bureau shall test and catalog
all forensic evidence samples relating to alleged crimes committed, including DNA
analysis, currently in their control and possession, by no later than December 31, 2006.
new text end

new text begin Subd. 4. new text end

new text begin Report to legislature. new text end

new text begin The bureau shall advise the senate Crime Prevention
and Public Safety Committee and the house Public Safety and Finance Committee of all
federal grant money received by the bureau for purposes of managing DNA analysis
evidence since 2000, including an accounting of the use of the funds, by July 1, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to
offenders sentenced, released from incarceration, or accepted for supervision on or after
that date.
new text end