HF 104

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:46 p.m.

A bill for an act
relating to witnesses; establishing confidentiality for restorative justice practices
participants; classifying data; amending Minnesota Statutes 2024, sections 13.871,
by adding a subdivision; 595.02, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 13.871, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Restorative practices data. new text end

new text begin Data related to restorative practices program
participants are governed by section 595.02, subdivision 1b, paragraph (e).
new text end

Sec. 2.

Minnesota Statutes 2024, section 595.02, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Restorative practices. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "restorative practice" has the meaning given in section 142A.76, subdivision 1; and
new text end

new text begin (2) "restorative practice participant" means a facilitator, a person who has caused harm,
a person who has been harmed, a community member, and any other person attending a
restorative practice.
new text end

new text begin (b) A restorative practice participant shall not disclose any communication, document,
or other information made or used in the course of or because of a restorative practice except
as otherwise provided in this paragraph. Nothing in this paragraph exempts restorative
practice participants from compliance with the provisions of section 626.557 and chapter
260E. A restorative practice participant may disclose any communication, document, or
other information if the restorative practice participant reasonably believes that:
new text end

new text begin (1) disclosure is necessary to prevent reasonably certain death, great bodily harm, or
commission of a crime; or
new text end

new text begin (2) the communication, document, or other information constitutes evidence of
professional misconduct by a restorative practice participant acting in the capacity of the
person's professional or occupational license.
new text end

new text begin (c) If a court orders a person to participate in a restorative practice, a person overseeing
the restorative practice may disclose data necessary to show whether the person participated
as ordered.
new text end

new text begin (d) Evidence that is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely because it was discussed or used in a
restorative practice.
new text end

new text begin (e) Government data, as defined in section 13.02, subdivision 7, on restorative practice
participants are private data on individuals, as defined in section 13.02, subdivision 12, but
may be disclosed as authorized under paragraphs (b) and (c).
new text end