HF 1956

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to collection and dissemination of data; 
  1.3             enacting the uniform criminal history records act; 
  1.4             prescribing penalties; amending Minnesota Statutes 
  1.5             1994, section 13.82, subdivision 1; proposing coding 
  1.6             for new law as Minnesota Statutes, chapter 13D; 
  1.7             repealing Minnesota Statutes 1994, section 13.87. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9                              ARTICLE 1
  1.10                         GENERAL PROVISIONS 
  1.11     Section 1.  [13D.1-101] [DEFINITIONS.] 
  1.12     Unless the context otherwise requires, as used in sections 
  1.13  13D.1-101 to 13D.1-115: 
  1.14     (1) "Agency" means a political subdivision or combination 
  1.15  of subdivisions, a department, institution, board, commission, 
  1.16  district, council, bureau, office, officer, official, governing 
  1.17  authority, or other instrumentality of state or local 
  1.18  government, or a corporation or other establishment owned, 
  1.19  operated, or managed by or on behalf of the state or any 
  1.20  political subdivision; but the term does not include the 
  1.21  legislature or a court of this state. 
  1.22     (2) "Central repository" means the bureau of criminal 
  1.23  apprehension. 
  1.24     (3) "Criminal history record" means a record of reportable 
  1.25  events maintained by the central repository, but the term does 
  1.26  not include an intelligence or investigative record. 
  2.1      (4) "Criminal law enforcement agency" means an agency 
  2.2   authorized by law, as one of its primary functions, to arrest, 
  2.3   prosecute, incarcerate, parole, supervise, or rehabilitate 
  2.4   criminal offenders, but the term does not include the office of 
  2.5   public defender. 
  2.6      (5) "Reportable event" means any of the following 
  2.7   occurrences concerning an individual arrested for or charged 
  2.8   with a criminal offense other than a petty offense or traffic 
  2.9   violation excluded under section 13D.1-102(b)(4), or an offense 
  2.10  adjudicated under the juvenile court act: 
  2.11     (i) an arrest; 
  2.12     (ii) a disposition after an arrest without the filing of a 
  2.13  formal criminal charge; 
  2.14     (iii) the filing of a formal criminal charge; 
  2.15     (iv) the disposition of a formal criminal charge, including 
  2.16  any sentence imposed, and a modification of the disposition or 
  2.17  sentence; 
  2.18     (v) commitment after conviction to a place of detention; 
  2.19     (vi) release from punitive detention; or 
  2.20     (vii) completion of sentence.  
  2.21     (6) "Subject" means an individual who is the subject of a 
  2.22  criminal history record. 
  2.23     Sec. 2.  [13D.1-102] [CENTRAL REPOSITORY.] 
  2.24     (a) The central repository shall collect and maintain, as 
  2.25  criminal history records, the information required to be 
  2.26  reported to it by sections 13D.1-101 to 13D.1-115.  The central 
  2.27  repository may, but need not, retain information received 
  2.28  concerning offenses under the laws of another jurisdiction. 
  2.29     (b) The central repository, by rule, shall: 
  2.30     (1) specify the method and details of reporting each 
  2.31  reportable event; 
  2.32     (2) designate the criminal law enforcement agency or court 
  2.33  in this state that is responsible for reporting a reportable 
  2.34  event to the central repository; 
  2.35     (3) specify the nature and form of the information to be 
  2.36  used in identifying the individual who is the subject of a 
  3.1   reportable event; 
  3.2      (4) specify the petty offenses and petty traffic violations 
  3.3   that are excluded from the definition of a reportable event; 
  3.4      (5) develop and promulgate procedures and formats for 
  3.5   reporting and exchanging information under sections 13D.1-101 to 
  3.6   13D.1-115; and 
  3.7      (6) establish a schedule of fees it may charge for 
  3.8   disclosure under sections 13D.1-101 to 13D.1-115. 
  3.9      (c) The central repository shall specify and make public 
  3.10  the items of information that it uses to retrieve criminal 
  3.11  history records. 
  3.12     (d) The central repository may adopt any other rules 
  3.13  necessary to carry out the purposes of sections 13D.1-101 to 
  3.14  13D.1-115. 
  3.15     Sec. 3.  [13D.1-103] [EXAMINATIONS.] 
  3.16     In order to ensure the timeliness and accuracy of 
  3.17  information in criminal history records and to evaluate the 
  3.18  procedures and facilities relating to the privacy, disclosure, 
  3.19  and security of criminal history records, the central repository 
  3.20  shall regularly examine the records and practices of the central 
  3.21  repository and those of criminal law enforcement agencies.  In 
  3.22  order to ensure the timeliness and accuracy of the information, 
  3.23  the central repository may examine the public records of the 
  3.24  courts of this state required to report information to the 
  3.25  central repository. 
  3.26     Sec. 4.  [13D.1-104] [REPORTING.] 
  3.27     The court or criminal law enforcement agency responsible 
  3.28  for reporting shall report a reportable event to the central 
  3.29  repository promptly, but not later than: 
  3.30     (1) 48 hours after an arrest; or 
  3.31     (2) 30 days after any other reportable event. 
  3.32     Sec. 5.  [13D.1-105] [DISCLOSURE TO AGENCY OR COURT.] 
  3.33     (a) The central repository shall disclose a criminal 
  3.34  history record and the record of disclosures maintained under 
  3.35  paragraph (d) and section 13D.1-106(d): 
  3.36     (1) to a criminal law enforcement agency that requests the 
  4.1   record for its functions as a criminal law enforcement agency or 
  4.2   for use in hiring or retaining its employees; 
  4.3      (2) to a court of this state, upon request, to aid in a 
  4.4   decision concerning sentence, probation, or release pending 
  4.5   trial or appeal; 
  4.6      (3) to the governor, upon request, to aid in a decision 
  4.7   concerning an exercise of the power of pardon, reprieve, 
  4.8   commutation or reduction of sentence, executive clemency, or 
  4.9   interstate extradition or rendition; 
  4.10     (4) pursuant to any judicial, legislative, or 
  4.11  administrative agency subpoena issued in this state; and 
  4.12     (5) as constitutionally or as expressly required by any 
  4.13  statute of this state or the United States. 
  4.14     (b) If the central repository discloses a criminal history 
  4.15  record that contains information concerning offenses under the 
  4.16  laws of a jurisdiction other than this state, the information 
  4.17  that is disclosed must contain a warning that the information 
  4.18  may be inaccurate or incomplete. 
  4.19     (c) If a criminal history record is disclosable under 
  4.20  paragraph (a) to an agency or court in this state: 
  4.21     (1) the central repository shall disclose the record for 
  4.22  the requested purpose to a like agency or court in another state 
  4.23  if that state has enacted the uniform criminal history records 
  4.24  act containing equivalent limitations on disclosure; and 
  4.25     (2) the central repository may disclose the record for the 
  4.26  requested purpose to a like agency or court in any other state 
  4.27  or of the federal government. 
  4.28     (d) The central repository shall maintain a record of all 
  4.29  disclosures made under this section during the preceding three 
  4.30  years, noting the identity of the requester and the subject and 
  4.31  the date of disclosure. 
  4.32     Sec. 6.  [13D.1-106] [GENERAL DISCLOSURE.] 
  4.33     (a) Upon request by any person under paragraph (b) and 
  4.34  subject to paragraph (c), the central repository shall disclose 
  4.35  information in a criminal history record that has not been 
  4.36  sealed or expunged and concerns an offense under the laws of 
  5.1   this state for which: 
  5.2      (1) the subject has been convicted; or 
  5.3      (2) a reportable event has occurred within one year 
  5.4   preceding the request. 
  5.5      (b) A request for disclosure must contain the name of the 
  5.6   requester and of the subject and: 
  5.7      (1) the fingerprints of the subject; 
  5.8      (2) the personal identification number assigned to the 
  5.9   subject by the central repository; 
  5.10     (3) at least two other items of information that the 
  5.11  central repository uses to retrieve criminal history records, as 
  5.12  specified under section 13D.1-102(c); or 
  5.13     (4) a specific reportable event identified by date and 
  5.14  either agency or court. 
  5.15     (c) If the identifying information supporting a request for 
  5.16  disclosure matches the criminal history record of more than one 
  5.17  individual, the central repository may not disclose any of the 
  5.18  records. 
  5.19     (d) The central repository shall maintain a record of all 
  5.20  disclosures made under this section during the preceding three 
  5.21  years, noting the identity of the requester and the subject and 
  5.22  the date of disclosure. 
  5.23     Sec. 7.  [13D.1-107] [DISCLOSURE TO SUBJECT.] 
  5.24     Upon a request by a subject or the subject's attorney, 
  5.25  accompanied by the fingerprints of the subject, the central 
  5.26  repository shall disclose to the person designated by the 
  5.27  requester the entire criminal history record of the subject and 
  5.28  the record of disclosures maintained under section 13D.1-106(d). 
  5.29     Sec. 8.  [13D.1-108] [PROCEDURES FOR REQUESTS.] 
  5.30     (a) A requester may submit a request for disclosure under 
  5.31  section 13D.1-106 or 13D.1-107 directly to the central 
  5.32  repository or indirectly through a local police department or 
  5.33  sheriff's office which shall transmit the request to the central 
  5.34  repository within three days. 
  5.35     (b) Promptly, but not later than 14 days after receiving a 
  5.36  request for disclosure under section 13D.1-106 or 13D.1-107, the 
  6.1   central repository shall: 
  6.2      (1) transmit the available information, including an 
  6.3   explanation of any code or abbreviation, to the person 
  6.4   designated by the requester; 
  6.5      (2) inform the requester that there is no available 
  6.6   information; or 
  6.7      (3) inform the requester of any deficiency in the request. 
  6.8      (c) If a request for disclosure under section 13D.1-106 is 
  6.9   not accompanied by fingerprints or a personal identification 
  6.10  number, the information that is disclosed must contain a warning 
  6.11  that the record may not pertain to the individual named in the 
  6.12  request. 
  6.13     (d) Within 24 hours after receipt of a subpoena under 
  6.14  section 13D.1-105(a)(4), the central repository shall mail a 
  6.15  copy of the subpoena to the subject at the subject's last known 
  6.16  address. 
  6.17     (e) If the information in a criminal history record is 
  6.18  disclosed under section 13D.1-106 at the request of a person 
  6.19  other than the subject, the central repository shall notify the 
  6.20  subject by mailing, within three days, a notice of the 
  6.21  disclosure to the subject's last known address by a form of mail 
  6.22  deliverable to the addressee only.  The notice must contain the 
  6.23  identity of the requester, the date of disclosure, a statement 
  6.24  of the right of the subject to disclosure of the record and to 
  6.25  correct or amend any incomplete or inaccurate information, and a 
  6.26  statement of the sanctions for a violation of sections 13D.1-101 
  6.27  to 13D.1-115. 
  6.28     (f) The central repository may charge a requester a 
  6.29  reasonable fee for processing a request for disclosure under 
  6.30  section 13D.1-106, 13D.1-107, or 13D.1-109, and for notifying 
  6.31  the subject under paragraph (e). 
  6.32     Sec. 9.  [13D.1-109] [LIMITED DISCLOSURE FOR RESEARCH OR 
  6.33  STATISTICAL PURPOSES.] 
  6.34     (a) The central repository may disclose criminal history 
  6.35  record information in a form that identifies a subject for the 
  6.36  purpose of developing, studying, or reporting aggregate or 
  7.1   anonymous information not intended to be published in any way in 
  7.2   which the identity of the subject is disclosed, if the central 
  7.3   repository: 
  7.4      (1) determines that the purpose cannot reasonably be 
  7.5   accomplished without use of the information in that form; and 
  7.6      (2) secures from the recipient of the records a written 
  7.7   agreement that the recipient will establish safeguards to assure 
  7.8   the integrity, confidentiality, and security of the records. 
  7.9      (b) A recipient of records under this section may not use 
  7.10  the records for purposes other than those specified in the 
  7.11  agreement or disclose information in a form that identifies a 
  7.12  subject without the express written authorization of the subject.
  7.13     Sec. 10.  [13D.1-110] [PROHIBITED DISCLOSURE.] 
  7.14     (a) Except as authorized under sections 13D.1-101 to 
  7.15  13D.1-115, the central repository may not disclose (i) criminal 
  7.16  history record information in a form that identifies or can 
  7.17  readily be associated with the identity of the subject, or (ii) 
  7.18  the record of disclosures maintained under section 13D.1-105(d) 
  7.19  or 13D.1-106(d). 
  7.20     (b) The central repository may not disclose whether 
  7.21  criminal history record information exists if disclosure of 
  7.22  existing information is prohibited under paragraph (a).  If 
  7.23  disclosure is prohibited or there is no information, the central 
  7.24  repository shall answer:  "No information is available because 
  7.25  either no information exists or disclosure is prohibited." 
  7.26     (c) A criminal law enforcement agency receiving a criminal 
  7.27  history record under section 13D.1-105(a)(1), or from a central 
  7.28  repository in another jurisdiction, may disclose the information 
  7.29  in the record only for the limited purpose for which its receipt 
  7.30  was authorized, but may disclose the information in compliance 
  7.31  with a subpoena or to another criminal law enforcement agency 
  7.32  for its functions as a criminal law enforcement agency.  
  7.33     Sec. 11.  [13D.1-111] [CORRECTION OF RECORDS.] 
  7.34     (a) A subject may request, in writing, that the central 
  7.35  repository correct or amend any incomplete or inaccurate 
  7.36  information in the criminal history record. 
  8.1      (b) Promptly, but not later than 14 days after receiving 
  8.2   the request, the central repository shall: 
  8.3      (1) make the requested correction or amendment and inform 
  8.4   the subject of the action; or 
  8.5      (2) inform the subject, in writing, of its refusal to 
  8.6   correct or amend the information, of the reason for the refusal, 
  8.7   and of the subject's right to administrative review under 
  8.8   chapter 14, the administrative procedure act, and to maintain an 
  8.9   action pursuant to section 13D.1-113. 
  8.10     Sec. 12.  [13D.1-112] [SECURITY.] 
  8.11     A criminal law enforcement agency and the central 
  8.12  repository shall ensure that: 
  8.13     (1) direct access to criminal history records is available 
  8.14  only to authorized officers or employees; 
  8.15     (2) each officer or employee working with or having access 
  8.16  to criminal history records is familiar with the requirements of 
  8.17  sections 13D.1-101 to 13D.1-115; and 
  8.18     (3) criminal history records are physically secure. 
  8.19     Sec. 13.  [13D.1-113] [SANCTIONS AND REMEDIES.] 
  8.20     (a) For a violation of section 13D.1-105, 13D.1-106, 
  8.21  13D.1-107, 13D.1-108, or 13D.1-111, the requester or subject may 
  8.22  maintain an action to compel the central repository to disclose, 
  8.23  correct, or amend information in a criminal history record.  The 
  8.24  court may examine the information at issue in camera. 
  8.25     (b) For disclosure in violation of section 13D.1-109 or 
  8.26  13D.1-110, the subject may maintain an action for appropriate 
  8.27  relief against the central repository, criminal law enforcement 
  8.28  agency, or the recipient of information under section 13D.1-109, 
  8.29  and recover compensatory damages sustained as a result of the 
  8.30  violation, and reasonable attorney's fees.  This paragraph does 
  8.31  not affect any other right or remedy under law. 
  8.32     (c) An officer or employee of the central repository, of a 
  8.33  criminal law enforcement agency, or of a court, or an individual 
  8.34  who receives information under section 13D.1-109, is guilty of a 
  8.35  misdemeanor if the individual intentionally: 
  8.36     (1) discloses information in a criminal history record in 
  9.1   violation of sections 13D.1-101 to 13D.1-115 with knowledge that 
  9.2   the disclosure is prohibited; 
  9.3      (2) reports an event as a reportable event or intentionally 
  9.4   discloses information in a criminal history record, with 
  9.5   knowledge that the report or information has been falsified; or 
  9.6      (3) fails to report a reportable event or intentionally 
  9.7   fails to disclose, correct, or amend information in a criminal 
  9.8   history record, for the purpose of causing harm to the subject 
  9.9   and with knowledge that the report, disclosure, correction, or 
  9.10  amendment is required. 
  9.11     (d) A person who, by conduct that would constitute the 
  9.12  offense of theft if property were involved, gains access to a 
  9.13  criminal history record, the disclosure of which is prohibited 
  9.14  to that person, is guilty of a misdemeanor. 
  9.15     Sec. 14.  [13D.1-114] [APPLICATION AND CONSTRUCTION.] 
  9.16     Sections 13D.1-101 to 13D.1-115 shall be applied and 
  9.17  construed to effectuate its general purpose to make uniform the 
  9.18  law with respect to the subject of sections 13D.1-101 to 
  9.19  13D.1-115 among states enacting it. 
  9.20     Sec. 15.  [13D.1-115] [SHORT TITLE.] 
  9.21     Sections 13D.1-101 to 13D.1-115 may be cited as the 
  9.22  "uniform criminal history records act." 
  9.23                             ARTICLE 2 
  9.24                 TECHNICAL AMENDMENTS AND REPEALER 
  9.25     Section 1.  Minnesota Statutes 1994, section 13.82, 
  9.26  subdivision 1, is amended to read: 
  9.27     Subdivision 1.  [APPLICATION.] Subject to article 1, 
  9.28  sections 1 to 15, this section shall apply to agencies which 
  9.29  carry on a law enforcement function, including but not limited 
  9.30  to municipal police departments, county sheriff departments, 
  9.31  fire departments, the bureau of criminal apprehension, the 
  9.32  Minnesota state patrol, the board of peace officer standards and 
  9.33  training, and the department of commerce.  
  9.34     Sec. 2.  [INSTRUCTIONS TO SUPERINTENDENT OF BUREAU OF 
  9.35  CRIMINAL APPREHENSION.] 
  9.36     On or before January 1, 1996, the superintendent of the 
 10.1   bureau of criminal apprehension shall present to the chair of 
 10.2   the committee on the judiciary in the house and the chair of the 
 10.3   crime prevention committee in the senate a report summarizing 
 10.4   statutes inconsistent with the uniform criminal history act.  
 10.5   The report shall be in the form of a bill and identify and amend 
 10.6   (a) cross-references and (b) statutes which require amendment or 
 10.7   repeal in order to implement the purpose of the act. 
 10.8      Sec. 3.  [REPEALER.] 
 10.9      Minnesota Statutes 1994, section 13.87, is repealed.