HF 1450

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 04:41pm

A bill for an act
relating to data; providing that data held by law enforcement agencies regarding
the person or entity that posted bail is public; requiring notice to the agency having
custody of the arrested or detained person when bail or a bond is posted; amending
Minnesota Statutes 2022, sections 13.82, subdivision 2; 629.53; 629.67; 629.70.

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

Section 1.

Minnesota Statutes 2022, section 13.82, subdivision 2, is amended to read:

Subd. 2.

Arrest data.

The following data created or collected by law enforcement
agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise
substantially deprive an adult individual of liberty shall be public at all times in the
originating agency:

(a) time, date and place of the action;

(b) any resistance encountered by the agency;

(c) any pursuit engaged in by the agency;

(d) whether any weapons were used by the agency or other individual;

(e) the charge, arrest or search warrants, or other legal basis for the action;

(f) the identities of the agencies, units within the agencies and individual persons taking
the action;

(g) whether and where the individual is being held in custody or is being incarcerated
by the agency;

(h) the date, time and legal basis for any transfer of custody and the identity of the agency
or person who received custody;

(i) the date, time and legal basis for any release from custody or incarceration new text begin including,
to the extent known, the identity of any person or entity who posted bail or a bond to secure
the release of the individual who was held in custody for a crime against a person listed in
section 611A.031 or a crime of violence as defined in section 629.725 new text end ;

(j) the name, age, sex and last known address of an adult person or the age and sex of
any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of
liberty;

(k) whether the agency employed a portable recording system, automated license plate
reader, wiretaps or other eavesdropping techniques, unless the release of this specific data
would jeopardize an ongoing investigation;

(l) the manner in which the agencies received the information that led to the arrest and
the names of individuals who supplied the information unless the identities of those
individuals qualify for protection under subdivision 17; and

(m) response or incident report number.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 629.53, is amended to read:

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

A person charged with a criminal offense may be released with or without bail in
accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property
of the accused, whether deposited by that person or by a third person on the accused's behalf.
When money bail is accepted by a judge, that judge shall order it to be deposited with the
court administrator new text begin and shall notify the agency having custody of the arrested or detained
person or the agency's designee that money bail has been posted, the amount posted, and,
if the arrested or detained person is being held in custody for a crime against a person listed
in section 611A.031 or a crime of violence as defined in section 629.725, the identity of the
person or entity that posted the bail new text end . The court administrator shall retain it until the final
disposition of the case and the final order of the court disposing of the case. Upon release,
the amount released must be paid to the accused personally or upon that person's written
order. In case of conviction, the judge may order the money bail deposit to be applied to
any fine or restitution imposed on the defendant by the court and, if the fine or restitution
is less than the deposit, order the balance to be paid to the defendant. Money bail deposited
with the court or any officer of it is exempt from garnishment or levy under attachment or
execution.

Sec. 3.

Minnesota Statutes 2022, section 629.67, is amended to read:

629.67 SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING;
AFFIDAVITS REQUIRED.

new text begin (a) new text end A personal surety upon any bond, recognizance, or undertaking given to secure the
appearance of a defendant in a criminal case shall make an affidavit, to be attached to the
bond, recognizance, or undertaking, stating:

(1) the surety's full name;

(2) the surety's residence and post office address;

(3) whether or not the affiant is surety upon any other bond, recognizance, or undertaking
in any criminal case, and, if so, stating the name of the principal, the amount of each
obligation, and the court in which the obligation was given; and

(4) the legal description of all real property owned by the surety and specifying as to
each parcel of property its fair market value, what liens or encumbrances, if any, exist on
it, and whether or not the property is the surety's homestead or is otherwise exempt from
execution. The court may require the surety to disclose all or some of the surety's personal
property by affidavit as required for real property.

new text begin (b) new text end The court may, in its discretion, by written order endorsed on the bond, recognizance,
or undertaking, dispense with the affidavit disclosing the surety's real or personal property,
or any part of it, if the court is satisfied that the surety is worth the amount necessary to act
as surety on the bond, recognizance or undertaking to secure the defendant in a criminal
case and is not a professional or habitual bonding agent in criminal cases.

new text begin (c) The court shall provide the agency having custody of a defendant in a criminal case
who is charged with a crime against a person listed in section 611A.031 or a crime of
violence as defined in section 629.725 with a copy of the affidavit identified in paragraph
(a).
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

Sec. 4.

Minnesota Statutes 2022, section 629.70, is amended to read:

629.70 AUTHORIZED CORPORATE BONDS AND RECOGNIZANCES.

A defendant required to give a bond, recognizance, or undertaking to secure an appearance
in a criminal case may choose to give a surety bond, recognizance, or undertaking executed
by a corporation authorized by law to execute bonds, recognizances, or undertakings.
However, the amount of the bond, recognizance, or undertaking as fixed by the court must
be the same regardless of the kind of bond, recognizance, or undertaking given. new text begin When a
corporation authorized by law to execute bonds, recognizances, or undertakings has given
a surety bond, recognizance, or undertaking on behalf of a defendant charged with a crime
against a person listed in section 611A.031 or a crime of violence as defined in section
629.725, the court shall notify the agency having custody of the defendant or the agency's
designee that a surety bond, recognizance, or undertaking has been given; the amount of
the surety bond, recognizance, or undertaking; and the identity of the person or entity that
posted the surety bond, recognizance, or undertaking.
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