HF 1569

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:52am

A bill for an act
relating to public safety; requiring parental notification for gang criteria data
maintained on a minor by a law enforcement agency; amending Minnesota
Statutes 2010, section 299C.091, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 299C.091, subdivision 2, is amended to
read:

Subd. 2.

Entry of data into system.

(a) A law enforcement agency may submit
data on an individual to the criminal gang investigative data system only if the agency
obtains and maintains the documentation required under this subdivision. Documentation
may include data obtained from other criminal justice agencies, provided that a record of
all of the documentation required under paragraph (b) is maintained by the agency that
submits the data to the bureau. Data maintained by a law enforcement agency to document
an entry in the system are confidential data on individuals as defined in section 13.02,
subdivision 3, but may be released to criminal justice agencies.

(b) A law enforcement agency may submit data on an individual to the bureau for
inclusion in the system if the individual is 14 years of age or older and the agency has
documented that:

(1) the individual has met at least three of the criteria or identifying characteristics of
gang membership developed by the Violent Crime Coordinating Council under section
299A.642, subdivision 3, clause (8), as required by the council; and

(2) the individual has been convicted of a gross misdemeanor or felony or has been
adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
misdemeanor or felony if committed by an adult.

new text begin (c) A law enforcement agency that maintains data on a minor documenting that
the minor meets any of the criteria or identifying characteristics of gang membership
developed by the Violent Crime Coordinating Council under section 299A.642,
subdivision 3, clause (8), must promptly notify the minor's parent or legal guardian, if
known, that such data is maintained, except when the agency reasonably believes that
notice will endanger an active or ongoing criminal investigation or an individual's personal
safety. The notification must be in writing and include a description of the process that the
parent, legal guardian, or minor may use to inspect or receive a copy of the data, and the
procedure for contesting the accuracy or completeness of the data, to the extent permitted
under chapter 13. If the agency does not send notice as prescribed in this paragraph, the
agency must cause a written report to be made in the database record stating the agency's
belief that an exception exists.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end