HF 1462

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring the bureau of 
  1.3             criminal apprehension to establish and maintain an 
  1.4             Internet Web site containing public criminal history 
  1.5             data; amending Minnesota Statutes 2002, section 13.87, 
  1.6             subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.87, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [INTERNET ACCESS.] (a) The bureau of criminal 
  1.11  apprehension shall establish and maintain an Internet Web site 
  1.12  containing public criminal history data.  
  1.13     (b) Notwithstanding section 13.03, subdivision 3, paragraph 
  1.14  (a), the bureau of criminal apprehension may charge a fee for 
  1.15  Internet access to public criminal history data provided through 
  1.16  August 1, 2003 2005.  The fee may not exceed $5 per inquiry or 
  1.17  the amount needed to recoup the actual cost of implementing and 
  1.18  providing Internet access, whichever is less.  
  1.19     (b) (c) The Web site must include a notice to the subject 
  1.20  of data of the right to contest the accuracy or completeness of 
  1.21  data, as provided under section 13.04, subdivision 4, and 
  1.22  provide a telephone number and address that the subject may 
  1.23  contact for further information on this process.  
  1.24     (c) (d) The Web site must include the effective date of 
  1.25  data that is posted.  
  1.26     (d) (e) The Web site must include a description of the 
  2.1   types of criminal history data not available on the site, 
  2.2   including arrest data, juvenile data, criminal history data from 
  2.3   other states, federal data, data on convictions where 15 years 
  2.4   have elapsed since discharge of the sentence, and other data 
  2.5   that are not accessible to the public. 
  2.6      (e) (f) A person who intends to access the Web site to 
  2.7   obtain information regarding an applicant for employment, 
  2.8   housing, or credit should disclose to the applicant the 
  2.9   intention to do so.  The Web site must include a notice that a 
  2.10  person obtaining such access should notify the applicant that a 
  2.11  background check using this Web site may be conducted.  This 
  2.12  paragraph does not create a civil cause of action on behalf of 
  2.13  the data subject.