1.1 	A bill for an act
1.2 	relating to public safety; establishing a certification process for multijurisdictional 
1.3 	gang and drug task forces; prohibiting law enforcement agencies from 
1.4 	maintaining criminal gang investigative data systems; classifying data received 
1.5 	from law enforcement agencies in other states; delineating uses of data in the 
1.6 	comprehensive incident-based reporting system; restricting the acquisition of cell 
1.7 	phone tracking devices; amending Minnesota Statutes 2008, sections 13.82, by 
1.8 	adding a subdivision; 299A.641; 299C.40, subdivision 2; 609.531, subdivision 1; 
1.9 	proposing coding for new law in Minnesota Statutes, chapters 13; 626A.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2008, section 13.82, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 30.Gang investigative data systems. A law enforcement agency may 
1.14 	maintain a computerized criminal gang investigative data system consisting of data on 
1.15 	individuals who are known gang members only if the system consists solely of: 
1.16 	(1) investigative data of the law enforcement agency that maintains the system; or
1.17 	(2) investigative data obtained from other law enforcement agencies on an individual 
1.18 	record inquiry basis.
1.19 	This subdivision does not prohibit the collection, maintenance, or release of data relating 
1.20 	to gang membership on an individual record basis.

1.21 	EFFECTIVE DATE. This section is effective August 1, 2011.

1.22 	Sec. 2. [13.823] LAW ENFORCEMENT DATA FROM OTHER STATES.
1.23 		Subdivision 1.Definitions. For purposes of this section:
2.1 	(1) "investigative data" means data collected or created by a law enforcement 
2.2 	agency in order to prepare a case against a person, whether known or unknown, for the 
2.3 	commission of a crime or an act of delinquency; and
2.4 	(2) "law enforcement agency" means a government agency with a law enforcement 
2.5 	function, as described in section 13.82, subdivision 1, or an equivalent agency in another 
2.6 	state.
2.7 		Subd. 2.Classification of data from other states. (a) Except as provided in 
2.8 	paragraph (b) or (c), when a law enforcement agency in this state receives investigative 
2.9 	data from a law enforcement agency in another state, the data are classified in this state 
2.10 	in a manner that is the equivalent to the data classification or treatment of the data in the 
2.11 	other state that applies at the time a request for access to the data in this state is made.
2.12 	(b) When investigative data classified under paragraph (a) become part of an active 
2.13 	criminal investigation in this state involving an adult, the data are classified as provided in 
2.14 	section 13.82.
2.15 	(c) When investigative data classified under paragraph (a) become part of an active 
2.16 	juvenile delinquency investigation in this state involving a child, the data are governed 
2.17 	by section 260B.171, subdivision 4 or 5.
2.18 		Subd. 3.Sharing authorized. If a law enforcement agency in this state receives 
2.19 	investigative data that are classified as not public under subdivision 2, paragraph (a), the 
2.20 	data may be shared with other law enforcement agencies if the data are pertinent and 
2.21 	necessary to the receiving agency in initiating, furthering, or completing an investigation.
2.22 		Subd. 4.Transaction record. A law enforcement agency in this state that receives 
2.23 	or disseminates data that are classified as not public under subdivision 2, paragraph (a), 
2.24 	shall maintain a record of each receipt or dissemination of the data.

2.25 	Sec. 3. Minnesota Statutes 2008, section 299A.641, is amended to read:
2.26 	299A.641 GANG AND DRUG VIOLENT CRIME OVERSIGHT COUNCIL.
2.27 		Subdivision 1.Oversight council established. The Gang and Drug Violent Crime
2.28 	Oversight Council is established to provide guidance related to the investigation and 
2.29 	prosecution of gang and drug crime. For the purposes of this section, "gang and drug 
2.30 	crime" includes violent crimes associated with gang activity.
2.31 		Subd. 2.Membership. The oversight council shall consist of the following 
2.32 	individuals or their designees:
2.33 	(1) the director of the office of special investigations as the representative of the 
2.34 	commissioner of corrections;
3.1 	(2) the superintendent of the Bureau of Criminal Apprehension as the representative 
3.2 	of the commissioner of public safety;
3.3 	(3) the attorney general;
3.4 	(4) eight two chiefs of police, selected by the Minnesota Chiefs of Police 
3.5 	Association, two of whichincluding one who must be selected from cities with populations 
3.6 	greater than 200,000 work in the seven-county metropolitan area and one who must work 
3.7 	in greater Minnesota;
3.8 	(5) eight two sheriffs, selected by the Minnesota Sheriffs Association to represent 
3.9 	each district, two of which must be selected from counties with populations greater than 
3.10 	500,000, including one who must work in the seven-county metropolitan area and one 
3.11 	who must work in greater Minnesota;
3.12 	(6) the Hennepin County and Ramsey County sheriffs;
3.13 	(7) the chiefs of police of Minneapolis and St. Paul;
3.14 	(6) (8) the United States attorney for the district of Minnesota;
3.15 	(7) (9) two county attorneys, selected by the Minnesota County Attorneys 
3.16 	Association, including one who must work in the seven-county metropolitan area and 
3.17 	one who must work in greater Minnesota;
3.18 	(8) a command-level representative of a gang strike force;
3.19 	(9) (10)a representative from a drug task force, selected by the Minnesota 
3.20 	State Association of Narcotics Investigators four citizen members appointed by the 
3.21 	commissioner of public safety in consultation with representatives from the councils 
3.22 	created in sections 3.922, 3.9223, 3.9225, and 3.9226; and
3.23 	(10) a representative from the United States Drug Enforcement Administration;
3.24 	(11) a representative from the United States Bureau of Alcohol, Tobacco, Firearms 
3.25 	and Explosives;
3.26 	(12) a representative from the Federal Bureau of Investigation;
3.27 	(13) (11) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement 
3.28 	Association;
3.29 	(14) two additional members who may be selected by the oversight council;
3.30 	(15) a senator who serves on the committee having jurisdiction over criminal justice 
3.31 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
3.32 	and Administration; and
3.33 	(16) a representative who serves on the committee having jurisdiction over criminal 
3.34 	justice policy, chosen by the speaker of the house.
3.35 	The oversight council may shall adopt procedures to govern its conduct as necessary 
3.36 	and may shall select a chair from among its members. The legislative members of the 
4.1 	council may not vote on matters before the council. The chair shall serve a two-year term 
4.2 	and the appointment of the chair shall alternate between a person who works in greater 
4.3 	Minnesota and a person who works in the seven-county metropolitan area.
4.4 		Subd. 3.Oversight council's duties. The oversight council shall develop an overall 
4.5 	strategy to ameliorate the harm caused to the public by gang and drug crime within 
4.6 	the state of Minnesota. This strategy may include the development of protocols and 
4.7 	procedures to investigate gang and drug crime and a structure for best addressing these 
4.8 	issues in a multijurisdictional manner. Additionally, the oversight council shall:
4.9 	(1) subject to approval by the commissioner of public safety, develop an operating 
4.10 	procedures and policies manual to investigate gang and drug crime in a multijurisdictional 
4.11 	manner;
4.12 	(1) (2) identify and recommend a candidate or candidates for statewide coordinator 
4.13 	to the commissioner of public safety;
4.14 	(2) (3) establish multijurisdictional task forces and strike forces to combat gang 
4.15 	and drug crime, to include a metro gang strike force  and a gang strike force located in 
4.16 	the St. Cloud metropolitan area;
4.17 	(3) (4) assist the Department of Public Safety commissioner of public safety in 
4.18 	developing grant eligibility criteria and operating an objective and conflict-free grant 
4.19 	review application process that is free from conflicts of interest;
4.20 	(4) make funding recommendations to the commissioner of public safety on grants 
4.21 	to support efforts to combat gang and drug crime;
4.22 	(5) make recommendations to the commissioner of public safety to terminate grant 
4.23 	funding for multijurisdictional entities if an entity no longer operates in accordance with 
4.24 	guidelines established under subdivision 3a, or no longer functions in a manner consistent 
4.25 	with the best interests of the state or public;
4.26 	(5) (6) assist in developing a process to collect and share information to improve the 
4.27 	investigation and prosecution of gang and drug offenses;
4.28 	(6) (7) develop and approve an operational budget for the office of the statewide 
4.29 	coordinator and the oversight council; and
4.30 	(8) develop policies that prohibit the improper use of personal characteristics such as 
4.31 	race, color, national origin, gender, or religion to target individuals for law enforcement 
4.32 	action, prosecution, or forfeiture action; and
4.33 	(7)(9) subject to approval by the commissioner of public safety, adopt narrowly 
4.34 	tailored, objective criteria and identifying characteristics for use in determining whether 
4.35 	individuals are or may be members of gangs involved in criminal activity. The council 
4.36 	shall review and update the criteria and characteristics adopted under this clause every 
5.1 	two years with the objective of ensuring effectiveness and relevance to the accurate 
5.2 	identification of subjects actively involved in criminal gang activity. As part of its review 
5.3 	process, the council shall obtain input from members of communities that are impacted by 
5.4 	criminal gang activity. Before adopting any changes under this clause, the council must 
5.5 	submit its recommendations to the commissioner of public safety for approval.
5.6 		Subd. 3a.Duties and authority of commissioner. (a) By September 1, 2010, 
5.7 	the commissioner of public safety shall establish guidelines for the certification of 
5.8 	multijurisdictional entities that are established under this section. The guidelines shall 
5.9 	require that all multijurisdictional entities: 
5.10 	(1) be subject to the operational command and supervision of one of the participating 
5.11 	agencies; and 
5.12 	(2) have adequate staffing and funding to support law enforcement, prosecutorial, and 
5.13 	financial operations, including bookkeeping, evidence handling, and inventory recording.
5.14 	(b) A multijurisdictional entity may not operate unless it meets the guidelines 
5.15 	established by, and is annually certified by, the commissioner of public safety. If, at any 
5.16 	time, the commissioner revokes an entity's certification, the commissioner may order 
5.17 	any or all of the following:
5.18 	(1) dissolution of the entity, its governing boards, or both;
5.19 	(2) transfer of responsibilities of the entity, its governing boards, or both, to the 
5.20 	commissioner of public safety; and
5.21 	(3) any other actions deemed necessary by the commissioner.
5.22 	Notwithstanding any action taken by the commissioner, any outstanding obligations 
5.23 	or liabilities of the entity remain with the entity and the parties to the agreement and 
5.24 	do not transfer.
5.25 	(c) Except as provided in section 8, a multijurisdictional entity that is operating on 
5.26 	the effective date of this section has six months from the date guidelines are established 
5.27 	under paragraph (a) to be certified under this section.
5.28 		Subd. 4.Statewide coordinator. The current gang strike force commander shall 
5.29 	serve as a transition coordinator until July 1, 2006, at which time the commissioner of 
5.30 	public safety shall appoint a statewide coordinator as recommended by the oversight 
5.31 	council. The coordinator serving in the unclassified service shall:
5.32 	(1) coordinate and monitor all multijurisdictional gang and drug enforcement 
5.33 	activities;
5.34 	(2) facilitate local efforts and ensure statewide coordination with efforts to combat 
5.35 	gang and drug crime;
5.36 	(3) facilitate training for personnel; and
6.1 	(4) monitor compliance with investigative protocols; and
6.2 	(5) implement an outcome evaluation and data quality control process.
6.3 		Subd. 5.Participating officers; employment status. All participating law 
6.4 	enforcement officers must be licensed peace officers as defined in section 626.84, 
6.5 	subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453. 
6.6 	Participating officers remain employees of the same entity that employed them before 
6.7 	joining any multijurisdictional entity established under this section. Participating officers 
6.8 	are not employees of the state. Participating officers are subject to annual performance 
6.9 	reviews conducted by the entity's governing board. 
6.10 		Subd. 6.Jurisdiction and powers. Law enforcement officers participating in any 
6.11 	multijurisdictional entity established under this section have statewide jurisdiction to 
6.12 	conduct criminal investigations and have the same powers of arrest as those possessed by 
6.13 	a sheriff.
6.14 		Subd. 6a.Evidence handling. A multijurisdictional entity established under this 
6.15 	section shall process all seized cash, physical assets, and evidence through the standard 
6.16 	evidence handling procedures established by the participating agencies.
6.17 		Subd. 7.Grants authorized. The commissioner of public safety, upon 
6.18 	recommendation of the council, may make grants to state and local units of government to 
6.19 	combat gang and drug crime. When awarding grants, the commissioner shall consider 
6.20 	awarding grants under this section to fund community-based gang intervention and 
6.21 	prevention efforts for youth.
6.22 		Subd. 8.Oversight council is permanent. Notwithstanding section 15.059, this 
6.23 	section does not expire.
6.24 		Subd. 8a.Governing board; prosecutor's role. (a) A multijurisdictional entity 
6.25 	established under this section shall create a governing board consisting of the chief law 
6.26 	enforcement officer, or designee, from each participating agency, a prosecutor from one of 
6.27 	the participating agencies, and up to three additional members selected by the governing 
6.28 	board. A governing board shall have no less than six members. 
6.29 	(b) The prosecutor on the governing board shall have the following responsibilities:
6.30 	(1) to oversee training for officers assigned to a multijurisdictional entity in order to 
6.31 	increase successful prosecutions;
6.32 	(2) to advise on the lawful handling and processing of seized property and evidence 
6.33 	and forfeited property and money; and
6.34 	(3) to ensure that seizures and forfeitures are reported in accordance with section 
6.35 	609.5315, subdivision 6.
7.1 		Subd. 9.Funding. Participating agencies may accept lawful grants or contributions 
7.2 	from any federal source or legal business or entity.
7.3 		Subd. 10.Role of attorney general. The attorney general or a designee shall 
7.4 	generally advise on any matters that the oversight council deems appropriate.
7.5 		Subd. 11.Attorney general; community liaison. (a) The attorney general or a 
7.6 	designee shall serve as a liaison between the oversight council and the councils created 
7.7 	in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or designee will 
7.8 	be responsible for:
7.9 	(1) informing the councils of the plans, activities, and decisions and hearing their 
7.10 	reactions to those plans, activities, and decisions; and
7.11 	(2) providing the oversight council with the councils' position of the councils on the 
7.12 	oversight council's plan, activities, and decisions.
7.13 	(b) In no event is the oversight council required to disclose the names of individuals 
7.14 	identified by it to the councils referenced in this subdivision.
7.15 	(c) Nothing in this subdivision changes the data classification of any data held 
7.16 	by the oversight council.
7.17 		Subd. 12. Required report reports. (a) By March February 1 of each year, 
7.18 	the council commissioner of public safety shall report submit the following reports
7.19 	to the chairs and ranking minority members of the senate and house of representatives 
7.20 	committees and divisions having jurisdiction over criminal justice policy and funding on 
7.21 	the activities of the council and any strike or task forces. This annual report shall include: 
7.22 	(1) a description of the council's goals for the previous year and for the coming year;
7.23 	(2) (1) a description of the outcomes the council achieved or did not achieve during 
7.24 	the preceding year and a description of the outcomes the council will seek to achieve 
7.25 	during the coming year report on the results of audits conducted on data submitted to the 
7.26 	criminal gang investigative data system under section 299C.091; and 
7.27 	(3) any legislative recommendations the council has including, where necessary, a 
7.28 	description of the specific legislation needed to implement the recommendations
7.29 	(2) a report on the activities and goals of the oversight council. 

7.30 	Sec. 4. Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:
7.31 		Subd. 2.Purpose. CIBRS is a statewide system containing data from law 
7.32 	enforcement agencies. Data in CIBRS must be made available to law enforcement 
7.33 	agencies in order to:
7.34 	(1) prepare a case against a person, whether known or unknown, for the commission 
7.35 	of a crime or other offense for which the agency has investigative authority,;
8.1 	(2) serve process in a criminal case;
8.2 	(3) inform law enforcement officers of possible safety issues before service of 
8.3 	process;
8.4 	(4) enforce no contact orders;
8.5 	(5) locate missing persons; or 
8.6 	for purposes of (6) conduct background investigations required by section 626.87.

8.7 	Sec. 5. Minnesota Statutes 2008, section 609.531, subdivision 1, is amended to read:
8.8 		Subdivision 1.Definitions. For the purpose of sections 609.531 to 609.5318, the 
8.9 	following terms have the meanings given them.
8.10 	(a) "Conveyance device" means a device used for transportation and includes, but 
8.11 	is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any 
8.12 	equipment attached to it. The term "conveyance device" does not include property which 
8.13 	is, in fact, itself stolen or taken in violation of the law.
8.14 	(b) "Weapon used" means a dangerous weapon as defined under section 609.02, 
8.15 	subdivision 6, that the actor used or had in possession in furtherance of a crime.
8.16 	(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
8.17 	(d) "Contraband" means property which is illegal to possess under Minnesota law.
8.18 	(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the 
8.19 	Department of Commerce Division of Insurance Fraud Prevention, the Minnesota 
8.20 	Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's 
8.21 	department, the Three Rivers Park District park rangers, the Department of Natural 
8.22 	Resources Division of Enforcement, the University of Minnesota Police Department, the 
8.23 	Department of Corrections Fugitive Apprehension Unit, or a city, metropolitan transit, 
8.24 	or airport police department; or a multijurisdictional entity established under section 
8.25 	299A.641 or 299A.681.
8.26 	(f) "Designated offense" includes:
8.27 	(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
8.28 	(2) for driver's license or identification card transactions: any violation of section 
8.29 	171.22; and
8.30 	(3) for all other purposes: a felony violation of, or a felony-level attempt or 
8.31 	conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 
8.32 	609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
8.33 	609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 
8.34 	clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, 
8.35 	subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 
9.1 	609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 
9.2 	609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 
9.3 	609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
9.4 	609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation 
9.5 	of section 609.891 or 624.7181; or any violation of section 609.324.
9.6 	(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

9.7 	Sec. 6. [626A.281] ACQUISITION AND USE OF CELLULAR TELEPHONE 
9.8 	TRACKING DEVICES.
9.9 	(a) A local law enforcement agency must not purchase or acquire a device that is 
9.10 	used for tracking the location of cellular telephones unless the local government unit with 
9.11 	jurisdiction over the agency approves the purchase or acquisition. 
9.12 	(b) A state or local law enforcement agency may track the location of a cellular 
9.13 	telephone only in the manner provided under section 626A.28, subdivision 3, paragraph 
9.14 	(b), clauses (2) to (4).

9.15 	EFFECTIVE DATE. This section is effective the day following final enactment. 
9.16 	This section does not apply to a device that was purchased or acquired before the effective 
9.17 	date.

9.18 	Sec. 7. APPOINTMENTS AND FIRST MEETING OF COUNCIL.
 9.19 	The new appointments specified in Minnesota Statutes, section 299A.641, 
9.20 	subdivision 2, must be completed by September 1, 2010. The superintendent of the 
9.21 	Bureau of Criminal Apprehension shall convene the first meeting of the Violent Crime 
9.22 	Oversight Council with the new members no later than October 1, 2010. The council 
9.23 	shall select a chair as provided in Minnesota Statutes, section 299A.641, subdivision 2, 
9.24 	at the first meeting.

9.25 	Sec. 8. WORK GROUP.
 9.26 	The director of the Information Policy Analysis Division of the Department of 
9.27 	Administration shall convene and chair a work group of stakeholders and interested 
9.28 	parties to discuss issues and laws pertaining to criminal intelligence databases. In its 
9.29 	discussions, the work group shall balance considerations of public safety needs and 
9.30 	privacy interests, oversight, minimization of discretion, and regulation of the collection 
9.31 	of these data. By February 1, 2011, the work group shall submit an executive summary 
9.32 	document to the chairs and ranking minority members of the committees of the senate 
9.33 	and house of representatives with jurisdiction over data practices issues. The document 
10.1 	must summarize the work group meetings and outline proposed legislative changes to 
10.2 	implement recommendations on which there is agreement. The Department of Public 
10.3 	Safety shall provide administrative support to the work group.

10.4 	Sec. 9. REVISOR'S INSTRUCTION.
 10.5 	The revisor of statutes shall replace references in statute to the "Gang and Drug 
10.6 	Oversight Council" with the "Violent Crime Oversight Council."