HF 1124

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing that release of
juvenile data in conjunction with a background check
does not constitute release of a juvenile adjudication
history; amending Minnesota Statutes 2004, section
299C.095, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 299C.095,
subdivision 1, is amended to read:

Subdivision 1.

Access to data on juveniles.

(a) The
bureau shall administer and maintain the computerized juvenile
history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in sections
260B.171 and 260C.171 or under court rule, to public defenders
as provided in section 611.272, and to criminal justice agencies
in other states in the conduct of their official duties.

(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 299C.62 or
624.713. If the background check is performed under section
299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a
background check crime as defined in section 299C.61,
subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history
is not effective and the bureau shall not release a juvenile
adjudication history record and shall not release information in
a manner that reveals the existence of the record. new text begin Data
maintained under section 243.166, released in conjunction with a
background check, regardless of the age of the offender at the
time of the offense, does not constitute releasing information
in a manner that reveals the existence of a juvenile
adjudication history.
new text end