HF 1150

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

A bill for an act
relating to public safety; authorizing the Bureau of
Criminal Apprehension to add certain identifying
information of an individual who is the subject of a
background check to the criminal history under certain
circumstances; amending Minnesota Statutes 2004,
section 299C.11.

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

Section 1.

Minnesota Statutes 2004, section 299C.11, is
amended to read:

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

(a) Each sheriff and chief of police shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, information on known aliases
and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which
must be taken under the provisions of section 299C.10. In
addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their
arrest. new text begin When the bureau learns that an individual who is the
subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of
birth, other than those listed on the criminal history, the
bureau may add the new identifying information to the criminal
history when supported by fingerprints.
new text end

(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of
probable cause; or

(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.

Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.

(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.

(e) For purposes of this section:

(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:

(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;

(ii) the arrested person's successful completion of a
diversion program;

(iii) an order of discharge under section 609.165; or

(iv) a pardon granted under section 638.02; and

(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.