HF 1913

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:47pm

A bill for an act
relating to data practices; clarifying agencies maintaining criminal investigative
data; amending Minnesota Statutes 2012, section 13.82, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 13.82, subdivision 7, is amended to read:

Subd. 7.

Criminal investigative data.

Except for the data defined in subdivisions
2, 3, and 6, investigative data collected or created by a law enforcement agency new text begin or a
prosecutorial authority new text end in order to prepare a case against a person, whether known or
unknown, for the commission of a crime or other offense for which the agency has
primary investigative responsibility are confidential or protected nonpublic while the
investigation is active. Inactive investigative data are public unless the release of the data
would jeopardize another ongoing investigation or would reveal the identity of individuals
protected under subdivision 17. Photographs which are part of inactive investigative
files and which are clearly offensive to common sensibilities are classified as private or
nonpublic data, provided that the existence of the photographs shall be disclosed to any
person requesting access to the inactive investigative file. An investigation becomes
inactive upon the occurrence of any of the following events:

(a) a decision by the agency or appropriate prosecutorial authority not to pursue
the case;

(b) expiration of the time to bring a charge or file a complaint under the applicable
statute of limitations, or 30 years after the commission of the offense, whichever comes
earliest; or

(c) exhaustion of or expiration of all rights of appeal by a person convicted on
the basis of the investigative data.

Any investigative data presented as evidence in court shall be public. Data
determined to be inactive under clause (a) may become active if the agency or appropriate
prosecutorial authority decides to renew the investigation.

During the time when an investigation is active, any person may bring an action in
the district court located in the county where the data are being maintained to authorize
disclosure of investigative data. The court may order that all or part of the data relating to
a particular investigation be released to the public or to the person bringing the action. In
making the determination as to whether investigative data shall be disclosed, the court
shall consider whether the benefit to the person bringing the action or to the public
outweighs any harm to the public, to the agency or to any person identified in the data.
The data in dispute shall be examined by the court in camera.