HF 147

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing release of 
  1.3             investigative data relating to crimes perpetrated by a 
  1.4             juvenile to the victim; providing that persons 
  1.5             convicted of terroristic threats have the burden of 
  1.6             proof to establish that custody or visitation is in 
  1.7             the best interests of a child; requiring notification 
  1.8             of a victim when sentence modification occurs; 
  1.9             extending the crime victim and witness advisory 
  1.10            council expiration date; amending Minnesota Statutes 
  1.11            1996, sections 260.161, subdivision 3; 518.179, 
  1.12            subdivision 2; 611A.039, subdivision 1; and 611A.71, 
  1.13            subdivision 7. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 260.161, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
  1.18  for records relating to an offense where proceedings are public 
  1.19  under section 260.155, subdivision 1, peace officers' records of 
  1.20  children who are or may be delinquent or who may be engaged in 
  1.21  criminal acts shall be kept separate from records of persons 18 
  1.22  years of age or older and are private data but shall be 
  1.23  disseminated:  (1) by order of the juvenile court, (2) as 
  1.24  required by section 126.036, (3) as authorized under section 
  1.25  13.82, subdivision 2, (4) to the child or the child's parent or 
  1.26  guardian unless disclosure of a record would interfere with an 
  1.27  ongoing investigation, or (5) as otherwise provided in this 
  1.28  subdivision.  Except as provided in paragraph (c), no 
  1.29  photographs of a child taken into custody may be taken without 
  2.1   the consent of the juvenile court unless the child is alleged to 
  2.2   have violated section 169.121 or 169.129.  Peace officers' 
  2.3   records containing data about children who are victims of crimes 
  2.4   or witnesses to crimes must be administered consistent with 
  2.5   section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
  2.6   violating any of the provisions of this subdivision shall be 
  2.7   guilty of a misdemeanor. 
  2.8      In the case of computerized records maintained about 
  2.9   juveniles by peace officers, the requirement of this subdivision 
  2.10  that records about juveniles must be kept separate from adult 
  2.11  records does not mean that a law enforcement agency must keep 
  2.12  its records concerning juveniles on a separate computer system.  
  2.13  Law enforcement agencies may keep juvenile records on the same 
  2.14  computer as adult records and may use a common index to access 
  2.15  both juvenile and adult records so long as the agency has in 
  2.16  place procedures that keep juvenile records in a separate place 
  2.17  in computer storage and that comply with the special data 
  2.18  retention and other requirements associated with protecting data 
  2.19  on juveniles. 
  2.20     (b) Nothing in this subdivision prohibits the exchange of 
  2.21  information by law enforcement agencies if the exchanged 
  2.22  information is pertinent and necessary to the requesting agency 
  2.23  in initiating, furthering, or completing a criminal 
  2.24  investigation. 
  2.25     (c) A photograph may be taken of a child taken into custody 
  2.26  pursuant to section 260.165, subdivision 1, clause (b), provided 
  2.27  that the photograph must be destroyed when the child reaches the 
  2.28  age of 19 years.  The commissioner of corrections may photograph 
  2.29  juveniles whose legal custody is transferred to the 
  2.30  commissioner.  Photographs of juveniles authorized by this 
  2.31  paragraph may be used only for institution management purposes, 
  2.32  case supervision by parole agents, and to assist law enforcement 
  2.33  agencies to apprehend juvenile offenders.  The commissioner 
  2.34  shall maintain photographs of juveniles in the same manner as 
  2.35  juvenile court records and names under this section. 
  2.36     (d) Traffic investigation reports are open to inspection by 
  3.1   a person who has sustained physical harm or economic loss as a 
  3.2   result of the traffic accident.  Identifying information on 
  3.3   juveniles who are parties to traffic accidents may be disclosed 
  3.4   as authorized under section 13.82, subdivision 4, and accident 
  3.5   reports required under section 169.09 may be released under 
  3.6   section 169.09, subdivision 13, unless the information would 
  3.7   identify a juvenile who was taken into custody or who is 
  3.8   suspected of committing an offense that would be a crime if 
  3.9   committed by an adult, or would associate a juvenile with the 
  3.10  offense, and the offense is not a minor traffic offense under 
  3.11  section 260.193. 
  3.12     (e) A law enforcement agency shall notify the principal or 
  3.13  chief administrative officer of a juvenile's school of an 
  3.14  incident occurring within the agency's jurisdiction if: 
  3.15     (1) the agency has probable cause to believe that the 
  3.16  juvenile has committed an offense that would be a crime if 
  3.17  committed as an adult, that the victim of the offense is a 
  3.18  student or staff member of the school, and that notice to the 
  3.19  school is reasonably necessary for the protection of the victim; 
  3.20  or 
  3.21     (2) the agency has probable cause to believe that the 
  3.22  juvenile has committed an offense described in subdivision 1b, 
  3.23  paragraph (a), clauses (1) to (3), that would be a crime if 
  3.24  committed by an adult, regardless of whether the victim is a 
  3.25  student or staff member of the school. 
  3.26     A law enforcement agency is not required to notify the 
  3.27  school under this paragraph if the agency determines that notice 
  3.28  would jeopardize an ongoing investigation.  Notwithstanding 
  3.29  section 138.17, data from a notice received from a law 
  3.30  enforcement agency under this paragraph must be destroyed when 
  3.31  the juvenile graduates from the school or at the end of the 
  3.32  academic year when the juvenile reaches age 23, whichever date 
  3.33  is earlier.  For purposes of this paragraph, "school" means a 
  3.34  public or private elementary, middle, or secondary school. 
  3.35     (f) In any county in which the county attorney operates or 
  3.36  authorizes the operation of a juvenile prepetition or pretrial 
  4.1   diversion program, a law enforcement agency or county attorney's 
  4.2   office may provide the juvenile diversion program with data 
  4.3   concerning a juvenile who is a participant in or is being 
  4.4   considered for participation in the program. 
  4.5      (g) Upon request of a local social service agency, peace 
  4.6   officer records of children who are or may be delinquent or who 
  4.7   may be engaged in criminal acts may be disseminated to the 
  4.8   agency to promote the best interests of the subject of the data. 
  4.9      (h) Upon written request, the law enforcement agency or 
  4.10  prosecuting authority shall release investigative data, 
  4.11  including information which pertains to crimes perpetrated by 
  4.12  juveniles, to the crime victim or the crime victim's legal 
  4.13  representative.  The only exception is if the release of the 
  4.14  information would interfere with the investigation or the 
  4.15  request is prompted by a desire on the part of the requester to 
  4.16  engage in unlawful activities. 
  4.17     Sec. 2.  Minnesota Statutes 1996, section 518.179, 
  4.18  subdivision 2, is amended to read: 
  4.19     Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
  4.20  following crimes or similar crimes under the laws of the United 
  4.21  States, or any other state: 
  4.22     (1) murder in the first, second, or third degree under 
  4.23  section 609.185, 609.19, or 609.195; 
  4.24     (2) manslaughter in the first degree under section 609.20; 
  4.25     (3) assault in the first, second, or third degree under 
  4.26  section 609.221, 609.222, or 609.223; 
  4.27     (4) kidnapping under section 609.25; 
  4.28     (5) depriving another of custodial or parental rights under 
  4.29  section 609.26; 
  4.30     (6) soliciting, inducing, or promoting prostitution 
  4.31  involving a minor under section 609.322; 
  4.32     (7) receiving profit from prostitution involving a minor 
  4.33  under section 609.323; 
  4.34     (8) criminal sexual conduct in the first degree under 
  4.35  section 609.342; 
  4.36     (9) criminal sexual conduct in the second degree under 
  5.1   section 609.343; 
  5.2      (10) criminal sexual conduct in the third degree under 
  5.3   section 609.344, subdivision 1, paragraph (c), (f), or (g); 
  5.4      (11) solicitation of a child to engage in sexual conduct 
  5.5   under section 609.352; 
  5.6      (12) incest under section 609.365; 
  5.7      (13) malicious punishment of a child under section 609.377; 
  5.8   or 
  5.9      (14) neglect of a child under section 609.378; or 
  5.10     (15) terroristic threats under section 609.713. 
  5.11     Sec. 3.  Minnesota Statutes 1996, section 611A.039, 
  5.12  subdivision 1, is amended to read: 
  5.13     Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
  5.14  provided in subdivision 2, within 15 working days after a 
  5.15  conviction, acquittal, or dismissal in a criminal case in which 
  5.16  there is an identifiable crime victim, the prosecutor shall make 
  5.17  reasonable good faith efforts to provide to each affected crime 
  5.18  victim oral or written notice of the final disposition of the 
  5.19  case.  The prosecutor shall make a reasonable good faith effort 
  5.20  to provide each affected crime victim oral or written notice of 
  5.21  sentence modifications. 
  5.22     Sec. 4.  Minnesota Statutes 1996, section 611A.71, 
  5.23  subdivision 7, is amended to read: 
  5.24     Subd. 7.  [EXPIRATION.] The council expires on June 30, 
  5.25  1997 1999.