HF 585

as introduced - 90th Legislature (2017 - 2018) Posted on 01/26/2017 02:20pm

A bill for an act
relating to public safety; correction of erroneous criminal records; amending
Minnesota Statutes 2016, section 13.87, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 13.87, subdivision 1, is amended to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this subdivision,
"criminal history data" means all data maintained in criminal history records compiled by
the Bureau of Criminal Apprehension, including, but not limited to fingerprints, photographs,
identification data, arrest data, prosecution data, criminal court data, custody and supervision
data.

(b) Classification. Criminal history data maintained by agencies, political subdivisions
and statewide systems are classified as private, pursuant to section 13.02, subdivision 12,
except that data created, collected, or maintained by the Bureau of Criminal Apprehension
that identify an individual who was convicted of a crime, the offense of which the individual
was convicted, associated court disposition and sentence information, controlling agency,
and confinement information are public data for 15 years following the discharge of the
sentence imposed for the offense. If an individual's name or other identifying information
is erroneously associated with a criminal history and a determination is made through a
fingerprint verification that the individual is not the subject of the criminal history, the
new text begin erroneous new text end name or other new text begin erroneous new text end identifying information must be redacted from the public
criminal history data. The new text begin erroneous new text end name and other new text begin erroneous new text end identifying information must
new text begin not new text end be retained in the criminal history deleted text begin and are classified as private data deleted text end new text begin or in any other
location the data can be routinely accessed by law enforcement new text end .

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data made
public by section 13.82.