SF 4345

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/12/2026 09:38 a.m.

A bill for an act
relating to court records; requiring prosecuting authorities to seek protective order
for certain evidence clearly offensive to common sensibilities; clarifying the
classification of certain inactive criminal investigative data; amending Minnesota
Statutes 2024, section 13.82, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapter 634.

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

Section 1.

Minnesota Statutes 2024, section 13.82, subdivision 7, is amended to read:

Subd. 7.

Criminal investigative data.

Except for the data defined in subdivisions 2, 3,
and 6, investigative data collected or created by a law enforcement agency in order to prepare
a case against a person, whether known or unknown, for the commission of a crime or other
offense for which the agency has primary investigative responsibility are confidential or
protected nonpublic while the investigation is active. Inactive investigative data are public
unless the release of the data would jeopardize another ongoing investigation or would
reveal the identity of individuals protected under subdivision 17. Images and recordings,
including photographs, video, and audio records, which are part of inactive investigative
files and which are clearly offensive to common sensibilities are classified as private or
nonpublic data new text begin regardless of whether they were presented as evidence in court new text end , provided
that the existence of the images and recordings shall be disclosed to any person requesting
access to the inactive investigative file. An investigation becomes inactive upon the
occurrence of any of the following events:

(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;

(b) expiration of the time to bring a charge or file a complaint under the applicable statute
of limitations, or 30 years after the commission of the offense, whichever comes earliest;
or

(c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis
of the investigative data.

Any investigative data presented as evidence in court shall be public. Data determined
to be inactive under clause (a) may become active if the agency or appropriate prosecutorial
authority decides to renew the investigation.

During the time when an investigation is active, any person may bring an action in the
district court located in the county where the data are being maintained to authorize disclosure
of investigative data. The court may order that all or part of the data relating to a particular
investigation be released to the public or to the person bringing the action. In making the
determination as to whether investigative data shall be disclosed, the court shall consider
whether the benefit to the person bringing the action or to the public outweighs any harm
to the public, to the agency or to any person identified in the data. The data in dispute shall
be examined by the court in camera.

Sec. 2.

new text begin [634.355] EVIDENCE CLEARLY OFFENSIVE TO COMMON
SENSIBILITIES.
new text end

new text begin (a) This section may be cited as the "Jay Boughton Minor Protection Evidence Access
Act."
new text end

new text begin (b) For the purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "victim" has the meaning given in section 611A.01, paragraph (b); and
new text end

new text begin (2) "crime of violence" has the meaning given in section 629.725, paragraph (b).
new text end

new text begin (c) In a criminal proceeding for a crime of violence, when a party introduces or plans
to introduce evidence that is clearly offensive to common sensibilities, the public release
of which could reasonably be foreseen to cause either a significant disruption to the privacy
of or severe emotional distress to a victim or a third party, the prosecuting authority in the
proceeding must seek an appropriate protective order from the court to protect the evidence
from unnecessary public disclosure. In determining whether evidence warrants seeking a
protective order under this paragraph, a prosecuting authority must give special consideration
to a victim or third party who is a minor.
new text end

new text begin (d) In a criminal proceeding for a crime of violence, a prosecuting authority must seek
an appropriate protective order from the court to protect the following evidence from
unnecessary public disclosure:
new text end

new text begin (1) the audio recording of a 911 system call placed by a minor victim or the minor family
member of a victim for the purpose of requesting service from a law enforcement, fire, or
medical agency; or
new text end

new text begin (2) video footage that (i) shows a minor victim or the minor family member of a victim,
and (ii) was captured by either a portable recording system, as defined by section 13.825,
or a video camera installed in a law enforcement vehicle.
new text end

new text begin (e) This section does not affect the right of a defendant in a criminal proceeding to obtain
access to evidence under the Rules of Criminal Procedure, provided that a protective order
from the court may prohibit further dissemination of the evidence by the defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to proceedings
commenced on or after that date.
new text end