Minnesota Legislature
HF 2064
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to public safety; providing for CriMNet data
definitions; providing public defender access to
criminal justice data; amending Minnesota Statutes
2004, sections 13.03, subdivision 4; 299C.65, by
adding a subdivision; 611.272; proposing coding for
new law in Minnesota Statutes, chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 13.03,
subdivision 4, is amended to read:
Subd. 4.
Change in classification of data; effect of
dissemination among agencies.
(a) The classification of data in
the possession of an agency shall change if it is required to do
so to comply with either judicial or administrative rules
pertaining to the conduct of legal actions or with a specific
statute applicable to the data in the possession of the
disseminating or receiving agency.
(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.
(c) To the extent that government data is disseminated to
state agencies, political subdivisions, or statewide systems by
another state agency, political subdivision, or statewide
system, the data disseminated shall have the same classification
in the hands of the agency receiving it as it had in the hands
of the entity providing it.
(d) If a state agency, statewide system, or political
subdivision disseminates data to another state agency, statewide
system, or political subdivision, a classification provided for
by law in the hands of the entity receiving the data does not
affect the classification of the data in the hands of the entity
that disseminates the data.
new text begin
(e) To the extent that judicial branch data is disseminated
to government entities by the judicial branch, the data
disseminated shall have the same level of accessibility in the
hands of the agency receiving it as it had in the hands of the
judicial branch entity providing it.
new text end
Sec. 2.
new text begin
[13.873] CRIMNET DATA CLASSIFICATION.
new text end
new text begin
For purposes of this section, the following terms have the
meanings given them.
new text end
new text begin
(a) "CriMNet" is a statewide system which integrates or
interconnects data from multiple criminal justice agency
information systems.
new text end
new text begin
(b) "CriMNet data" are criminal justice agency data
created, collected, used, or maintained in the prevention,
investigation, and prosecution of crime, and any resulting
criminal justice system response held or accessed by CriMNet.
new text end
new text begin
(c) "Audit trail data" are data created, used, or
maintained by CriMNet for the purposes of ensuring and verifying
that CriMNet was only accessed by authorized persons for
authorized purposes.
new text end
Sec. 3.
Minnesota Statutes 2004, section 299C.65, is
amended by adding a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Data classification. new text end
new text begin
Data held by and
accessible through CriMNet is classified under section 13.873.
new text end
Sec. 4.
Minnesota Statutes 2004, section 611.272, is
amended to read:
611.272 ACCESS TO GOVERNMENT DATA.
The district public defender, the state public defender, or
an attorney working for a public defense corporation under
section 611.216 has access to the criminal justice data
communications network described in section 299C.46, as provided
in this section. Access to data under this section is limited
to data deleted text begin regarding the public defender's own client as deleted text end necessary
to prepare criminal cases in which the public defender has been
appointeddeleted text begin , including deleted text end new text begin as follows:
new text end
new text begin
(1) access to data about witnesses in a criminal case shall
be limited to records of criminal convictions; and
new text end
new text begin
(2) access to data regarding the public defender's own
client which includesnew text end , but new text begin is new text end not limited to, criminal history
data under section 13.87; juvenile offender data under section
299C.095; warrant information data under section 299C.115;
incarceration data under section 299C.14; conditional release
data under section 299C.147; and diversion program data under
section 299C.46, subdivision 5.
new text begin
The public defender has access to data under this section
whether accessed via CriMNet or other methods.new text end The public
defender does not have access to law enforcement active
investigative data under section 13.82, subdivision 7; data
protected under section 13.82, subdivision 17; or confidential
arrest warrant indices data under section 13.82, subdivision 19new text begin ,
or to data systems maintained by a prosecuting attorneynew text end . The
public defender has access to the data at no charge, except for
the monthly network access charge under section 299C.46,
subdivision 3, paragraph (b), and a reasonable installation
charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
or any other law to the contrary, there shall be no charge to
public defenders for Internet access to the criminal justice
data communications network.