1.1 	A bill for an act
1.2 	relating to juvenile justice; requiring parental notification of investigations into 
1.3 	juveniles investigated for recruitment by terror organizations;amending Minnesota 
1.4 	Statutes 2016, section 260B.171, subdivision 5.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 260B.171, subdivision 5, is amended to read:
1.7 		Subd. 5.Peace officer records of children. (a) Except for records relating to an offense 
1.8 	where proceedings are public under section 260B.163, subdivision 1, peace officers' records 
1.9 	of children who are or may be delinquent or who may be engaged in criminal acts shall be 
1.10 	kept separate from records of persons 18 years of age or older and are private data but shall 
1.11 	be disseminated: (1) by order of the juvenile court, (2) as required by section 121A.28, (3) 
1.12 	as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or 
1.13 	guardian unless disclosure of a record would interfere with an ongoing investigation other 
1.14 	than one described in paragraph (i), (5) to the Minnesota crime victims reparations board 
1.15 	as required by section 611A.56, subdivision 2, clause (6), for the purpose of processing 
1.16 	claims for crime victims reparations, or (6) as otherwise provided in this subdivision. Except 
1.17 	as provided in paragraph (c), no photographs of a child taken into custody may be taken 
1.18 	without the consent of the juvenile court unless the child is alleged to have violated section 
1.19 	169A.20. Peace officers' records containing data about children who are victims of crimes 
1.20 	or witnesses to crimes must be administered consistent with section 13.82, subdivisions 2, 
1.21 	3, 6, and 17. Any person violating any of the provisions of this subdivision shall be guilty 
1.22 	of a misdemeanor.
1.23 	In the case of computerized records maintained about juveniles by peace officers, the 
1.24 	requirement of this subdivision that records about juveniles must be kept separate from 
2.1 	adult records does not mean that a law enforcement agency must keep its records concerning 
2.2 	juveniles on a separate computer system. Law enforcement agencies may keep juvenile 
2.3 	records on the same computer as adult records and may use a common index to access both 
2.4 	juvenile and adult records so long as the agency has in place procedures that keep juvenile 
2.5 	records in a separate place in computer storage and that comply with the special data retention 
2.6 	and other requirements associated with protecting data on juveniles.
2.7 	(b) Nothing in this subdivision prohibits the exchange of information by law enforcement 
2.8 	agencies if the exchanged information is pertinent and necessary for law enforcement 
2.9 	purposes.
2.10 	(c) A photograph may be taken of a child taken into custody pursuant to section 260B.175, 
2.11 	subdivision 1, clause (b), provided that the photograph must be destroyed when the child 
2.12 	reaches the age of 19 years. The commissioner of corrections may photograph juveniles 
2.13 	whose legal custody is transferred to the commissioner. Photographs of juveniles authorized 
2.14 	by this paragraph may be used only for institution management purposes, case supervision 
2.15 	by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders. 
2.16 	The commissioner shall maintain photographs of juveniles in the same manner as juvenile 
2.17 	court records and names under this section.
2.18 	(d) Traffic investigation reports are open to inspection by a person who has sustained 
2.19 	physical harm or economic loss as a result of the traffic accident. Identifying information 
2.20 	on juveniles who are parties to traffic accidents may be disclosed as authorized under section 
2.21 	13.82, subdivision 6, and accident reports required under section 169.09 may be released 
2.22 	under section 169.09, subdivision 13, unless the information would identify a juvenile who 
2.23 	was taken into custody or who is suspected of committing an offense that would be a crime 
2.24 	if committed by an adult, or would associate a juvenile with the offense, and the offense is 
2.25 	not an adult court traffic offense under section 260B.225.
2.26 	(e) The head of a law enforcement agency or a person specifically given the duty by the 
2.27 	head of the law enforcement agency shall notify the superintendent or chief administrative 
2.28 	officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:
2.29 	(1) the agency has probable cause to believe that the juvenile has committed an offense 
2.30 	that would be a crime if committed as an adult, that the victim of the offense is a student or 
2.31 	staff member of the school, and that notice to the school is reasonably necessary for the 
2.32 	protection of the victim; or
2.33 	(2) the agency has probable cause to believe that the juvenile has committed an offense 
2.34 	described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime if 
3.1 	committed by an adult, regardless of whether the victim is a student or staff member of the 
3.2 	school.
3.3 	A law enforcement agency is not required to notify the school under this paragraph if 
3.4 	the agency determines that notice would jeopardize an ongoing investigation. For purposes 
3.5 	of this paragraph, "school" means a public or private elementary, middle, secondary, or 
3.6 	charter school.
3.7 	(f) In any county in which the county attorney operates or authorizes the operation of a 
3.8 	juvenile prepetition or pretrial diversion program, a law enforcement agency or county 
3.9 	attorney's office may provide the juvenile diversion program with data concerning a juvenile 
3.10 	who is a participant in or is being considered for participation in the program.
3.11 	(g) Upon request of a local social services agency, peace officer records of children who 
3.12 	are or may be delinquent or who may be engaged in criminal acts may be disseminated to 
3.13 	the agency to promote the best interests of the subject of the data.
3.14 	(h) Upon written request, the prosecuting authority shall release investigative data 
3.15 	collected by a law enforcement agency to the victim of a criminal act or alleged criminal 
3.16 	act or to the victim's legal representative, except as otherwise provided by this paragraph. 
3.17 	Data shall not be released if:
3.18 	(1) the release to the individual subject of the data would be prohibited under section 
3.19 	13.821; or
3.20 	(2) the prosecuting authority reasonably believes:
3.21 	(i) that the release of that data will interfere with the investigation; or
3.22 	(ii) that the request is prompted by a desire on the part of the requester to engage in 
3.23 	unlawful activities.
3.24 	(i) The head of a law enforcement agency or a person specifically given the duty by the 
3.25 	head of the law enforcement agency shall notify a child's parent or guardian when the law 
3.26 	enforcement agency has probable cause to believe that the child is the subject of recruitment 
3.27 	efforts by any organization designated as a terrorist organization under section 219 of the 
3.28 	federal Immigration and Nationality Act.