HF 1165

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

  1.1                          A bill for an act
  1.2             relating to government data practices; criminal 
  1.3             justice and juvenile history records; modifying 
  1.4             juvenile court records to be forwarded to the bureau 
  1.5             of criminal apprehension; providing for peace officer 
  1.6             records on children to be forwarded to the bureau of 
  1.7             criminal apprehension; specifying retention periods 
  1.8             for juvenile history records; providing for release of 
  1.9             juvenile history records to law enforcement agencies 
  1.10            in other states; appropriating money; amending 
  1.11            Minnesota Statutes 1996, sections 260.161, subdivision 
  1.12            1a; 299C.095; 299C.10, subdivision 1; and 299C.13. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 260.161, 
  1.15  subdivision 1a, is amended to read: 
  1.16     Subd. 1a.  [RECORD OF FINDINGS.] (a) The juvenile court 
  1.17  shall forward to the bureau of criminal apprehension the 
  1.18  following data in juvenile petitions involving felony- or gross 
  1.19  misdemeanor-level offenses: 
  1.20     (1) the name and birthdate of the juvenile, including any 
  1.21  of the juvenile's known aliases or street names; 
  1.22     (2) the act for which the juvenile was petitioned and date 
  1.23  of the offense; and 
  1.24     (3) the date and county where the petition was filed. 
  1.25     (b) Upon completion of the court proceedings, the court 
  1.26  shall forward the court's finding and case disposition to the 
  1.27  bureau.  Notwithstanding section 138.17, if the petition was 
  1.28  dismissed or the juvenile was not found to have committed a 
  1.29  gross misdemeanor or felony-level offense, the bureau and a 
  2.1   person who received the data from the bureau shall destroy all 
  2.2   data relating to the petition collected under paragraph (a).  
  2.3   The bureau shall notify a person who received the data that the 
  2.4   data must be destroyed. 
  2.5      (c) The bureau shall retain data on a juvenile found to 
  2.6   have committed a felony- or gross misdemeanor-level offense 
  2.7   until the offender reaches the age of 28.  If the offender 
  2.8   commits a felony violation as an adult, the bureau shall retain 
  2.9   the data for as long as the data would have been retained if the 
  2.10  offender had been an adult at the time of the juvenile offense.  
  2.11  The court shall specify whether the: 
  2.12     (1) juvenile was referred to a diversion program; 
  2.13     (2) petition was dismissed, continued for dismissal, or 
  2.14  continued without adjudication; or 
  2.15     (3) juvenile was adjudicated delinquent. 
  2.16     (d) (c) The juvenile court shall forward to the bureau, the 
  2.17  sentencing guidelines commission, and the department of 
  2.18  corrections the following data on individuals convicted as 
  2.19  extended jurisdiction juveniles: 
  2.20     (1) the name and birthdate of the offender, including any 
  2.21  of the juvenile's known aliases or street names; 
  2.22     (2) the crime committed by the offender and the date of the 
  2.23  crime; 
  2.24     (3) the date and county of the conviction; and 
  2.25     (4) the case disposition. 
  2.26     The court shall notify the bureau, the sentencing 
  2.27  guidelines commission, and the department of corrections 
  2.28  whenever it executes an extended jurisdiction juvenile's adult 
  2.29  sentence under section 260.126, subdivision 5. 
  2.30     (e) (d) The bureau, sentencing guidelines commission, and 
  2.31  the department of corrections shall retain the extended 
  2.32  jurisdiction juvenile data for as long as the data would have 
  2.33  been retained if the offender had been an adult at the time of 
  2.34  the offense.  Data retained on individuals under this 
  2.35  subdivision are private data under section 13.02, except that 
  2.36  extended jurisdiction juvenile data becomes public data under 
  3.1   section 13.87, subdivision 2, when the juvenile court notifies 
  3.2   the bureau that the individual's adult sentence has been 
  3.3   executed under section 260.126, subdivision 5. 
  3.4      Sec. 2.  Minnesota Statutes 1996, section 299C.095, is 
  3.5   amended to read: 
  3.6      299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 
  3.7      Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
  3.8   and maintain the computerized juvenile history record system 
  3.9   based on section 260.161 and other statutes requiring the 
  3.10  reporting of data on juveniles.  The data in the system are 
  3.11  private data as defined in section 13.02, subdivision 12, but 
  3.12  are accessible to criminal justice agencies as defined in 
  3.13  section 13.02, subdivision 3a, to all trial courts and appellate 
  3.14  courts, to a person who has access to the juvenile court records 
  3.15  as provided in section 260.161 or under court rule and to 
  3.16  criminal justice agencies in other states in the conduct of 
  3.17  their official duties. 
  3.18     (b) Except for access authorized under paragraph (a), the 
  3.19  bureau shall only disseminate a juvenile adjudication history 
  3.20  record in connection with a background check required by statute 
  3.21  or rule and performed on a licensee, license applicant, or 
  3.22  employment applicant or performed under section 624.713.  A 
  3.23  consent for release of information from an individual who is the 
  3.24  subject of a juvenile adjudication history is not effective and 
  3.25  the bureau shall not release a juvenile adjudication history 
  3.26  record and shall not release information in a manner that 
  3.27  reveals the existence of the record. 
  3.28     Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
  3.29  the bureau shall retain juvenile history records for the time 
  3.30  periods provided in this subdivision.  Notwithstanding contrary 
  3.31  provisions of paragraphs (b) to (e), all data in a juvenile 
  3.32  history record must be retained for the longest time period 
  3.33  applicable to any item in the individual juvenile history 
  3.34  record.  If, before data are destroyed under this subdivision, 
  3.35  the subject of the data is convicted of a felony as an adult, 
  3.36  the individual's juvenile history record must be retained for 
  4.1   the same time period as an adult criminal history record. 
  4.2      (b) Juvenile history data on a child who was arrested must 
  4.3   be destroyed six months after the arrest if the child has not 
  4.4   been referred to a diversion program and no petition has been 
  4.5   filed against the child by that time. 
  4.6      (c) Juvenile history data on a child against whom a 
  4.7   delinquency petition was filed and subsequently dismissed must 
  4.8   be destroyed upon receiving notice from the court that the 
  4.9   petition was dismissed. 
  4.10     (d) Juvenile history data on a child who was referred to a 
  4.11  diversion program or against whom a delinquency petition has 
  4.12  been filed and continued for dismissal must be destroyed when 
  4.13  the child reaches age 21. 
  4.14     (e) Juvenile history data on a child against whom a 
  4.15  delinquency petition was filed and continued without 
  4.16  adjudication, or a child who was found to have committed a 
  4.17  felony or gross misdemeanor-level offense, must be destroyed 
  4.18  when the child reaches age 28.  If the offender commits a felony 
  4.19  violation as an adult, the bureau shall retain the data for as 
  4.20  long as the data would have been retained if the offender had 
  4.21  been an adult at the time of the juvenile offense. 
  4.22     (f) The bureau shall retain extended jurisdiction juvenile 
  4.23  data on an individual received under section 260.161, 
  4.24  subdivision 1a, paragraph (c), for as long as the data would 
  4.25  have been retained if the offender had been an adult at the time 
  4.26  of the offense. 
  4.27     (g) Data retained on individuals under this subdivision are 
  4.28  private data under section 13.02, except that extended 
  4.29  jurisdiction juvenile data becomes public data under section 
  4.30  13.87, subdivision 2, when the juvenile court notifies the 
  4.31  bureau that the individual's adult sentence has been executed 
  4.32  under section 260.126, subdivision 5. 
  4.33     (h) A person who receives data on a juvenile under 
  4.34  paragraphs (b) to (e) from the bureau shall destroy the data 
  4.35  according to the schedule in this subdivision.  The bureau shall 
  4.36  include a notice of the destruction schedule with all data it 
  5.1   disseminates on juveniles.  
  5.2      Sec. 3.  Minnesota Statutes 1996, section 299C.10, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
  5.5   made the duty of the sheriffs of the respective counties, of the 
  5.6   police officers in cities of the first, second, and third 
  5.7   classes, under the direction of the chiefs of police in such 
  5.8   cities, and of community corrections agencies operating secure 
  5.9   juvenile detention facilities to take or cause to be taken 
  5.10  immediately finger and thumb prints, photographs, distinctive 
  5.11  physical mark identification data, and such other identification 
  5.12  data as may be requested or required by the superintendent of 
  5.13  the bureau; of all the following: 
  5.14     (1) persons arrested for a felony, or gross misdemeanor, of 
  5.15  all; 
  5.16     (2) juveniles committing felonies as distinguished from 
  5.17  those committed by adult offenders, of all; 
  5.18     (3) persons reasonably believed by the arresting officer to 
  5.19  be fugitives from justice, of all; 
  5.20     (4) persons in whose possession, when arrested, are found 
  5.21  concealed firearms or other dangerous weapons, burglar tools or 
  5.22  outfits, high-power explosives, or articles, machines, or 
  5.23  appliances usable for an unlawful purpose and reasonably 
  5.24  believed by the arresting officer to be intended for such 
  5.25  purposes,; and 
  5.26     (5) juveniles referred by a law enforcement agency to a 
  5.27  diversion program for a felony or gross misdemeanor offense. 
  5.28     Within 24 hours thereafter to forward such the fingerprint 
  5.29  records and other identification data specified under this 
  5.30  paragraph must be forwarded to the bureau of criminal 
  5.31  apprehension on such forms and in such manner as may be 
  5.32  prescribed by the superintendent of the bureau of criminal 
  5.33  apprehension. 
  5.34     (b) Effective August 1, 1997, the identification reporting 
  5.35  requirements shall also apply to persons committing targeted 
  5.36  misdemeanor offenses, including violent and enhanceable crimes, 
  6.1   and juveniles committing gross misdemeanors.  In addition, the 
  6.2   reporting requirements shall include any known aliases or street 
  6.3   names of the offenders.  
  6.4      For purposes of this section, a targeted misdemeanor is a 
  6.5   misdemeanor violation of section 169.121 (driving while 
  6.6   intoxicated), 518B.01 (order for protection violation), 609.224 
  6.7   (fifth degree assault), 609.2242 (domestic assault), 609.746 
  6.8   (interference with privacy), 609.748 (harassment or restraining 
  6.9   order violation), or 617.23 (indecent exposure). 
  6.10     Sec. 4.  Minnesota Statutes 1996, section 299C.13, is 
  6.11  amended to read: 
  6.12     299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
  6.13     Upon receipt of information data as to any arrested person, 
  6.14  the bureau shall immediately ascertain whether the person 
  6.15  arrested has a criminal record or is a fugitive from justice, 
  6.16  and shall at once inform the arresting officer of the facts 
  6.17  ascertained, including references to any adult court disposition 
  6.18  data that is not in the criminal history system.  Upon 
  6.19  application by any sheriff, chief of police, or other peace 
  6.20  officer in the state, or by an officer of the United States or 
  6.21  by an officer of another state, territory, or government duly 
  6.22  authorized to receive the same and effecting reciprocal 
  6.23  interchange of similar information with the division, it shall 
  6.24  be the duty of the bureau to furnish all information in its 
  6.25  possession pertaining to the identification of any person.  If 
  6.26  the bureau has a sealed record on the arrested person, it shall 
  6.27  notify the requesting peace officer of that fact and of the 
  6.28  right to seek a court order to open the record for purposes of 
  6.29  law enforcement.  A criminal justice agency shall be notified, 
  6.30  upon request, of the existence and contents of a sealed record 
  6.31  containing conviction information about an applicant for 
  6.32  employment.  For purposes of this section a "criminal justice 
  6.33  agency" means courts or a government agency that performs the 
  6.34  administration of criminal justice under statutory authority. 
  6.35     Sec. 5.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY DATA.] 
  6.36     The criminal and juvenile justice information policy group 
  7.1   shall facilitate remote electronic access to public criminal 
  7.2   history data by public defenders. 
  7.3      Sec. 6.  [APPROPRIATION; STATEWIDE CRIMINAL AND JUVENILE 
  7.4   JUSTICE INFORMATION SYSTEM.] 
  7.5      Subdivision 1.  [TOTAL APPROPRIATION.] The sums indicated 
  7.6   in this section are appropriated from the general fund to the 
  7.7   supreme court and the bureau of criminal apprehension for the 
  7.8   fiscal years indicated to develop and implement the 
  7.9   infrastructure for a coordinated and integrated statewide 
  7.10  criminal and juvenile justice information system and to develop 
  7.11  the processes and automated functionality that will provide 
  7.12  statewide access to existing and future criminal and juvenile 
  7.13  justice-oriented databases.  
  7.14       $7,428,000     .....     1998 
  7.15       $3,928,000     .....     1999 
  7.16     Subd. 2.  [SUPREME COURT.] Of the total amount 
  7.17  appropriated, the following sums are for the supreme court to 
  7.18  develop and implement a coordinated and integrated statewide 
  7.19  criminal and juvenile justice information system and to develop 
  7.20  the processes and automated functionality that will provide 
  7.21  statewide access to existing and future criminal and juvenile 
  7.22  justice-oriented databases.  
  7.23       $3,230,000     .....     1998 
  7.24       $2,270,000     .....     1999 
  7.25     Subd. 3.  [BUREAU OF CRIMINAL APPREHENSION.] Of the total 
  7.26  amount appropriated, the following sums are for the bureau of 
  7.27  criminal apprehension to develop and implement a coordinated and 
  7.28  integrated statewide criminal and juvenile justice information 
  7.29  system and to develop the processes and automated functionality 
  7.30  that will provide statewide access to existing and future 
  7.31  criminal and juvenile justice-oriented databases.  
  7.32       $4,198,000     .....     1998 
  7.33       $1,658,000     .....     1999