HF 1371

as introduced - 87th Legislature (2011 - 2012) Posted on 04/04/2011 09:22am

A bill for an act
relating to public safety; data practices; permitting certain law enforcement
incident data to be submitted to a federal database; prohibiting local law
enforcement agencies from submitting incident information to the federal
government; amending Minnesota Statutes 2010, section 299C.40, subdivision 5,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 299C.40, subdivision 5, is amended to read:

Subd. 5.

Access to CIBRS data by law enforcement agency personnel.

new text begin Except
as provided in subdivision 8, new text end only law enforcement agency personnel with certification
from the Bureau of Criminal Apprehension may enter, update, or access CIBRS data. The
ability of particular law enforcement agency personnel to enter, update, or access CIBRS
data must be limited through the use of purpose codes that correspond to the official
duties and training level of the personnel.

Sec. 2.

Minnesota Statutes 2010, section 299C.40, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin National data exchange system participation. new text end

new text begin (a) The superintendent
may submit data related to the following active public safety investigations to the national
data exchange maintained and operated by the Federal Bureau of Investigation:
new text end

new text begin (1) homeland security;
new text end

new text begin (2) national defense;
new text end

new text begin (3) homicide; and
new text end

new text begin (4) interstate felonies.
new text end

new text begin (b) A local unit of government may not submit data to the national data exchange
system. A local unit of government may access data in the national data exchange system.
This paragraph expires on July 1, 2013.
new text end

Sec. 3. new text begin NATIONAL DATA EXCHANGE SYSTEM TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties. new text end

new text begin (a) A task force is established to study, evaluate,
and analyze the participation of the state's law enforcement agencies in the national data
exchange system (N-Dex) that is maintained and operated by the Federal Bureau of
Investigation. The task force shall make specific recommendations on the following:
new text end

new text begin (1) the type of information that should be shared with N-Dex;
new text end

new text begin (2) the contribution of data directly from local law enforcement agencies to N-Dex;
and
new text end

new text begin (3) any other issues the task force determines are relevant.
new text end

new text begin In its evaluation and analysis, the task force shall consider approaches to N-Dex
participation taken by other states.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force consists of the following members:
new text end

new text begin (1) the commissioner of public safety, or the commissioner's designee;
new text end

new text begin (2) the commissioner of corrections, or the commissioner's designee;
new text end

new text begin (3) the superintendent of the Bureau of Criminal Apprehension, or the
superintendent's designee;
new text end

new text begin (4) the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over criminal justice policy, or their designees;
new text end

new text begin (5) a county attorney, selected by the Minnesota County Attorneys Association;
new text end

new text begin (6) a representative from the Board of Public Defense, selected by that board;
new text end

new text begin (7) a representative of the Minnesota Chiefs of Police Association;
new text end

new text begin (8) a representative of the Minnesota Sheriffs Association;
new text end

new text begin (9) a probation officer, one selected by the commissioner of corrections and the other
selected by the Community Corrections Act counties; and
new text end

new text begin (10) two citizens, one appointed by the speaker of the house and the other appointed
by the president of the senate.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of public safety, or the commissioner's
designee, shall convene the initial meeting of the task force and serve as the chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in this section.
new text end

new text begin Subd. 4. new text end

new text begin Terms; compensation; removal; vacancies. new text end

new text begin The expiration, membership
terms, removal of members, and filling of vacancies on the task force shall be as provided
in Minnesota Statutes, section 15.059. Members shall serve without compensation or
expense reimbursement. The task force expires June 30, 2012.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By January 15, 2012, the task force shall submit its report,
including any proposed legislative changes, to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over criminal
justice policy and funding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end