HF 2589

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

  1.1                          A bill for an act
  1.2             relating to crime prevention; establishing a system 
  1.3             for collecting delinquent fines for traffic and 
  1.4             parking violations; prohibiting the registration of 
  1.5             vehicles of an owner who has not paid a parking or 
  1.6             traffic violation fine; imposing a fee; authorizing 
  1.7             peace officers to issue citations for truancy; 
  1.8             requiring that certain juveniles taken into secure 
  1.9             custody be formally booked and fingerprinted; 
  1.10            requiring that any known street names or aliases of 
  1.11            certain juvenile offenders be included in the 
  1.12            statewide juvenile information system; amending 
  1.13            Minnesota Statutes 1994, sections 168.36, by adding a 
  1.14            subdivision; 169.91, subdivision 3; 169.95; 169.99, 
  1.15            subdivision 1; and 260.161, subdivision 1a; Minnesota 
  1.16            Statutes 1995 Supplement, sections 260.132, 
  1.17            subdivision 1; 260.161, subdivision 3; and 299C.10, 
  1.18            subdivision 1; proposing coding for new law in 
  1.19            Minnesota Statutes, chapter 168. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  [168.135] [RENEWAL APPLICATIONS; DELINQUENT 
  1.22  TRAFFIC CITATIONS.] 
  1.23     Subdivision 1.  [APPLICATION; NOTICE.] When a person 
  1.24  applies to renew the registration for a motor vehicle, applies 
  1.25  for duplicate, special, or personalized license plates, or 
  1.26  applies for a change of classification, the registrar or deputy 
  1.27  registrar receiving the application shall check the computerized 
  1.28  records system established under subdivision 2 to determine 
  1.29  whether the applicant has been charged with a violation of a law 
  1.30  or ordinance regulating the parking or operation of vehicles, 
  1.31  involving the vehicle to be registered and for which the records 
  1.32  collected under section 169.95 or information reported under 
  2.1   subdivision 4 indicate a delinquent citation and fine.  If a 
  2.2   delinquent fine is shown, the registrar or deputy registrar 
  2.3   shall notify the applicant as to the court to which payment of a 
  2.4   fine is due and the amount of each fine. 
  2.5      Subd. 2.  [COMPUTERIZED RECORDS SYSTEM; ACCESS.] (a) The 
  2.6   registrar shall install, administer, and maintain in the 
  2.7   department of public safety an efficient, computerized database 
  2.8   records system dedicated solely as the repository for reports of 
  2.9   delinquent traffic citations and fines.  The registrar shall 
  2.10  provide and specify equipment and interconnection 
  2.11  specifications, programming requirements, and training materials 
  2.12  needed to provide courts and deputy registrars access to the 
  2.13  department's dedicated computer database of records on these 
  2.14  delinquent fines. 
  2.15     (b) The system must be designed to allow each court to 
  2.16  report and update by electronic communication directly with the 
  2.17  system's computer database those delinquent traffic fines that 
  2.18  remain owing to the court.  The system must be designed to allow 
  2.19  access by a deputy registrar to the system upon transmittal of 
  2.20  the access code of the deputy registrar, as assigned by the 
  2.21  registrar. 
  2.22     (c) On complying with these specifications, providing the 
  2.23  requisite database-accessing equipment and programming, and 
  2.24  providing the specified interconnection equipment, the registrar 
  2.25  shall allow each deputy registrar direct computer inquiry of 
  2.26  these records.  The system must allow electronic and toll-free 
  2.27  telephonic access by deputy registrars as necessary to perform 
  2.28  their vehicle registration responsibilities under subdivision 
  2.29  3.  The registrar shall not assess a deputy registrar 
  2.30  transaction or user costs, fees, or charges for inquiries 
  2.31  required or necessary to discharge the duties of a deputy 
  2.32  registrar under this section. 
  2.33     (d) Access must include the records required by this 
  2.34  section and exclude only those records restricted by governing 
  2.35  state or federal data privacy laws. 
  2.36     Subd. 3.  [DEPUTY REGISTRARS' RESPONSIBILITIES.] (a) On 
  3.1   receiving an application described in subdivision 1, the 
  3.2   registrar or deputy registrar shall access the computerized 
  3.3   records system to discover if the applicant has a delinquent 
  3.4   traffic fine.  On gaining access to the system, the deputy 
  3.5   registrar shall identify and communicate the license plate 
  3.6   number for which the information is requested. 
  3.7      (b) Neither the registrar nor a deputy registrar may 
  3.8   receive or process an application described in subdivision 1 if 
  3.9   the response from the records system indicates that there is a 
  3.10  delinquent fine arising from a violation of a law or ordinance 
  3.11  regulating the parking or operation of vehicles and involving 
  3.12  the vehicle for which the license plate was issued.  A deputy 
  3.13  registrar may rely conclusively upon the response of the records 
  3.14  system to the inquiry. 
  3.15     (c) When a delinquent fine has been paid or otherwise 
  3.16  disposed of to the court's satisfaction, the court shall: 
  3.17     (1) issue the violator a receipt of payment or statement 
  3.18  certifying that the delinquent fine has been paid or otherwise 
  3.19  disposed of to the court's satisfaction; and 
  3.20     (2) update its listing of outstanding delinquent traffic 
  3.21  citations and fines to be recorded in the records system 
  3.22  established in subdivision 2. 
  3.23     (d) An applicant may register the vehicle after paying or 
  3.24  otherwise satisfactorily disposing of all delinquent fines as 
  3.25  follows: 
  3.26     (1) by reapplying after paying the outstanding fines to the 
  3.27  appropriate courts and after each court's files of delinquent 
  3.28  traffic citations and fines have been recorded and updated in 
  3.29  the computerized records system; 
  3.30     (2) by presenting court receipts or statements certifying 
  3.31  that all delinquent traffic fines have been paid or otherwise 
  3.32  disposed of to the satisfaction of all applicable courts; or 
  3.33     (3) by paying all outstanding delinquent traffic fines, as 
  3.34  recorded in the computerized records system established in 
  3.35  subdivision 2, by satisfactory payment, payable to the 
  3.36  applicable court and collected by the deputy registrar.  A 
  4.1   deputy registrar shall transmit all fine payments to the 
  4.2   applicable courts without delay. 
  4.3      (e) A deputy registrar may rely conclusively upon the 
  4.4   receipts or certified statements issued under paragraph (d), 
  4.5   clause (2), and purporting to be that of the court named in the 
  4.6   receipt or statement that the fines owed to that court have been 
  4.7   paid or otherwise satisfied. 
  4.8      Subd. 4.  [NOTICE AND REPORT BY COURT.] At least 15 days 
  4.9   before any information on delinquent traffic citations and fines 
  4.10  is transmitted to the department's computerized records system, 
  4.11  the court shall notify by mail to the last known address of the 
  4.12  registered owner of the motor vehicle involved in the traffic 
  4.13  violation:  the nature of the violation, the amount of the fine, 
  4.14  where the fine should be paid, and the resulting consequences 
  4.15  concerning vehicle registration renewal if the fine is not 
  4.16  paid.  If the fine is not paid or otherwise disposed of to the 
  4.17  satisfaction of the court or if a court appearance has not been 
  4.18  scheduled, the court shall transmit the information to the 
  4.19  department's computerized records system.  The court may impose 
  4.20  costs and assess penalties to the defendant to recover any 
  4.21  expense incurred by the court in administering the notice and 
  4.22  reporting requirements of this section.  The costs and penalties 
  4.23  are payable to the court. 
  4.24     Subd. 5.  [EXEMPTION; LESSORS.] Notwithstanding 
  4.25  subdivisions 1 to 4, the registrar and a deputy registrar may 
  4.26  receive and process an application for registration of a motor 
  4.27  vehicle owned by a motor vehicle lessor licensed under section 
  4.28  168.27, subdivision 2, 3, or 4, if the violation giving rise to 
  4.29  an unpaid fine was committed by a lessee while operating the 
  4.30  motor vehicle under a lease or rental and the lessor has 
  4.31  complied with section 168.2701 with respect to that violation. 
  4.32     Sec. 2.  [168.331] [TRAFFIC VIOLATION NOTIFICATION PROGRAM; 
  4.33  FEE.] 
  4.34     An additional fee of $1 is imposed on all violations of 
  4.35  laws and ordinances regulating the parking or operation of motor 
  4.36  vehicles.  Courts, violation bureaus, or other entities that 
  5.1   collect fines for traffic violations shall transmit monthly the 
  5.2   proceeds of the fee to the registrar.  The registrar shall 
  5.3   deposit the proceeds in the general fund. 
  5.4      Sec. 3.  Minnesota Statutes 1994, section 168.36, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 4.  [OFFICER MAY SEIZE REGISTRATION PLATES.] If a 
  5.7   peace officer stops a motor vehicle and determines, through a 
  5.8   check of the motor vehicle registration record system, that the 
  5.9   vehicle is being operated without valid registration in 
  5.10  violation of this section, the officer may immediately seize the 
  5.11  vehicle's registration plates and return them to the 
  5.12  commissioner of public safety. 
  5.13     Sec. 4.  Minnesota Statutes 1994, section 169.91, 
  5.14  subdivision 3, is amended to read: 
  5.15     Subd. 3.  [NOTICE TO APPEAR.] When a citation is issued for 
  5.16  a traffic violation or when a person is arrested for any 
  5.17  violation of any law or ordinance relating to motor vehicles, 
  5.18  their registration or their operation, or the use of the 
  5.19  highways, the issuing or arresting officer shall prepare a 
  5.20  written notice to appear in court.  This place must be before a 
  5.21  judge within the county in which the offense charged is alleged 
  5.22  to have been committed who has jurisdiction and is nearest or 
  5.23  most accessible with reference to the place of arrest or traffic 
  5.24  violation.  If the offense is a petty misdemeanor, the notice to 
  5.25  appear must include a statement that a failure to appear will be 
  5.26  considered a plea of guilty and waiver of the right to trial, 
  5.27  unless the failure to appear is due to circumstances beyond the 
  5.28  person's control.  When a citation is issued for a traffic 
  5.29  violation, a notice to appear must also be mailed to the 
  5.30  registered owner of the vehicle. 
  5.31     Sec. 5.  Minnesota Statutes 1994, section 169.95, is 
  5.32  amended to read: 
  5.33     169.95 [COURTS TO KEEP SEPARATE COURT RECORDS AND REPORTS 
  5.34  OF VIOLATIONS AND DELINQUENT FINES.] 
  5.35     Subdivision 1.  [RECORDS.] Every court administrator shall 
  5.36  keep a full record of every case in which a person is charged 
  6.1   with a violation of any law or ordinance, regulating the 
  6.2   operation or parking of vehicles on highways. 
  6.3      Subd. 2.  [REPORTS OF TRAFFIC VIOLATIONS.] Within ten days 
  6.4   after the conviction or forfeiture of bail of a person upon a 
  6.5   charge of violating any provisions of any law or ordinance, 
  6.6   regulating the operation of vehicles on highways, except for 
  6.7   parking violations, the court administrator of the court in 
  6.8   which the conviction was had or bail was forfeited, shall 
  6.9   immediately forward to the department of public safety an 
  6.10  abstract of the record of the court covering the case in which 
  6.11  the person was convicted or forfeited bail.  The abstract must 
  6.12  be certified by the person required to prepare it to be true and 
  6.13  correct. 
  6.14     The abstract must be made upon a form furnished by the 
  6.15  department of public safety, and shall include the name and 
  6.16  address of the party charged, the driver's license number of the 
  6.17  person involved, the nature of the offense, the date of hearing, 
  6.18  the plea, the judgment, or whether bail was forfeited, and the 
  6.19  amount of the fine or forfeiture, as the case may be. 
  6.20     Every court shall also forward a report to the department 
  6.21  of public safety reporting the conviction of any person of 
  6.22  manslaughter or other felony in the commission of which a 
  6.23  vehicle was used. 
  6.24     Subd. 3.  [REPORTS OF DELINQUENT FINES.] Every court 
  6.25  administrator shall report delinquent fines imposed for traffic 
  6.26  violations to the department of public safety's computerized 
  6.27  records system established under section 168.135.  The court 
  6.28  administrator shall report within 30 days after the date that 
  6.29  the payment of a fine is due.  The report must be made to the 
  6.30  commissioner of public safety as prescribed in section 168.135 
  6.31  and must contain the following information: 
  6.32     (1) the license plate number of the motor vehicle involved 
  6.33  in the violation; 
  6.34     (2) the number of delinquent fines; 
  6.35     (3) the amount of the fine for each citation; and 
  6.36     (4) the date the traffic citation was issued. 
  7.1      Subd. 4.  [JUDICIAL COMPLIANCE.] The failure, refusal, or 
  7.2   neglect of any judicial officer to comply with any of the 
  7.3   requirements of this section shall constitute misconduct in the 
  7.4   office and shall be grounds for removal. 
  7.5      Sec. 6.  Minnesota Statutes 1994, section 169.99, 
  7.6   subdivision 1, is amended to read: 
  7.7      Subdivision 1.  [FORM.] (a) Except as provided in 
  7.8   subdivision 3, there shall be a uniform ticket issued throughout 
  7.9   the state by the police and peace officers or by any other 
  7.10  person for violations of this chapter and ordinances in 
  7.11  conformity thereto.  Such uniform traffic ticket shall be in the 
  7.12  form and have the effect of a summons and complaint.  Except as 
  7.13  provided in paragraph (b), the uniform ticket shall state that 
  7.14  if the defendant fails to appear in court in response to the 
  7.15  ticket, an arrest warrant may be issued.  The uniform ticket 
  7.16  also must specify the consequences regarding vehicle 
  7.17  registration that may result if the violator fails to respond to 
  7.18  the citation.  The uniform traffic ticket shall consist of four 
  7.19  parts, on paper sensitized so that copies may be made without 
  7.20  the use of carbon paper, as follows: 
  7.21     (1) the complaint, with reverse side for officer's notes 
  7.22  for testifying in court, driver's past record, and court's 
  7.23  action, printed on white paper; 
  7.24     (2) the abstract of court record for the department of 
  7.25  public safety, which shall be a copy of the complaint with the 
  7.26  certificate of conviction on the reverse side, printed on yellow 
  7.27  paper; 
  7.28     (3) the police record, which shall be a copy of the 
  7.29  complaint and of the reverse side of copy (1), printed on pink 
  7.30  paper; 
  7.31     (4) the summons, with, on the reverse side, such 
  7.32  information as the court may wish to give concerning the traffic 
  7.33  violations bureau, and a plea of guilty and waiver, printed on 
  7.34  off-white tag stock.  
  7.35     (b) If the offense is a petty misdemeanor, the uniform 
  7.36  ticket must state that a failure to appear will be considered a 
  8.1   plea of guilty and waiver of the right to trial, unless the 
  8.2   failure to appear is due to circumstances beyond the person's 
  8.3   control. 
  8.4      Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  8.5   260.132, subdivision 1, is amended to read: 
  8.6      Subdivision 1.  [NOTICE.] When a peace officer, or 
  8.7   attendance officer, in the case of a habitual truant, a peace 
  8.8   officer or an attendance officer has probable cause to believe 
  8.9   that a child: 
  8.10     (1) is in need of protection or services under section 
  8.11  260.015, subdivision 2a, clause (11) or (12); 
  8.12     (2) is a juvenile petty offender; or 
  8.13     (3) has committed a delinquent act that would be a petty 
  8.14  misdemeanor or misdemeanor if committed by an adult; 
  8.15  the officer may issue a notice to the child to appear in 
  8.16  juvenile court in the county in which the child is found or in 
  8.17  the county of the child's residence or, in the case of a 
  8.18  juvenile petty offense, or a petty misdemeanor or misdemeanor 
  8.19  delinquent act, the county in which the offense was committed.  
  8.20  If there is a school attendance review board or county attorney 
  8.21  mediation program operating in the child's school district, a 
  8.22  notice to appear in juvenile court for a habitual truant may not 
  8.23  be issued until the applicable procedures under section 260A.06 
  8.24  or 260A.07 have been exhausted.  The officer shall file a copy 
  8.25  of the notice to appear with the juvenile court of the 
  8.26  appropriate county.  If a child fails to appear in response to 
  8.27  the notice, the court may issue a summons notifying the child of 
  8.28  the nature of the offense alleged and the time and place set for 
  8.29  the hearing.  If the peace officer finds it necessary to take 
  8.30  the child into custody, sections 260.165 and 260.171 shall apply.
  8.31     Sec. 8.  Minnesota Statutes 1994, section 260.161, 
  8.32  subdivision 1a, is amended to read: 
  8.33     Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
  8.34  CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
  8.35  the Bureau of Criminal Apprehension the following data on 
  8.36  juveniles adjudicated delinquent for having committed 
  9.1   felony-level criminal sexual conduct: 
  9.2      (1) the name and birth date of the juvenile, including any 
  9.3   of the juvenile's known aliases or street names; 
  9.4      (2) the type of act for which the juvenile was adjudicated 
  9.5   delinquent and date of the offense; and 
  9.6      (3) the date and county of the adjudication. 
  9.7      (b) The bureau shall retain data on a juvenile until the 
  9.8   offender reaches the age of 28.  If the offender commits another 
  9.9   violation of sections 609.342 to 609.345 as an adult, the bureau 
  9.10  shall retain the data for as long as the data would have been 
  9.11  retained if the offender had been an adult at the time of the 
  9.12  juvenile offense. 
  9.13     (c) The juvenile court shall forward to the bureau the 
  9.14  following data on individuals convicted as extended jurisdiction 
  9.15  juveniles: 
  9.16     (1) the name and birthdate of the offender, including any 
  9.17  of the juvenile's known aliases or street names; 
  9.18     (2) the crime committed by the offender and the date of the 
  9.19  crime; and 
  9.20     (3) the date and county of the conviction. 
  9.21     The court shall notify the bureau whenever it executes an 
  9.22  extended jurisdiction juvenile's adult sentence under section 
  9.23  260.126, subdivision 5. 
  9.24     (d) The bureau shall retain the extended jurisdiction 
  9.25  juvenile data for as long as the data would have been retained 
  9.26  if the offender had been an adult at the time of the offense.  
  9.27  Data retained on individuals under this subdivision are private 
  9.28  data under section 13.02, except that extended jurisdiction 
  9.29  juvenile data becomes public data under section 13.87, 
  9.30  subdivision 2, when the juvenile court notifies the bureau that 
  9.31  the individual's adult sentence has been executed under section 
  9.32  260.126, subdivision 5. 
  9.33     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
  9.34  260.161, subdivision 3, is amended to read: 
  9.35     Subd. 3.  [PEACE OFFICER AND CORRECTIONAL RECORDS OF 
  9.36  CHILDREN.] (a) Except for records relating to an offense where 
 10.1   proceedings are public under section 260.155, subdivision 1, 
 10.2   peace officers' records of children who are or may be delinquent 
 10.3   or who may be engaged in criminal acts shall be kept separate 
 10.4   from records of persons 18 years of age or older and are private 
 10.5   data but shall be disseminated:  (1) by order of the juvenile 
 10.6   court, (2) as required by section 126.036, (3) as authorized 
 10.7   under section 13.82, subdivision 2, (4) to the child or the 
 10.8   child's parent or guardian unless disclosure of a record would 
 10.9   interfere with an ongoing investigation, or (5) as otherwise 
 10.10  provided in this subdivision.  Except as provided in paragraph 
 10.11  (c), no photographs of a child taken into custody may be taken 
 10.12  without the consent of the juvenile court unless the child is 
 10.13  alleged to have violated section 169.121 or 169.129.  Peace 
 10.14  officers' records containing data about children who are victims 
 10.15  of crimes or witnesses to crimes must be administered consistent 
 10.16  with section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 10.17  violating any of the provisions of this subdivision shall be 
 10.18  guilty of a misdemeanor. 
 10.19     In the case of computerized records maintained about 
 10.20  juveniles by peace officers, the requirement of this subdivision 
 10.21  that records about juveniles must be kept separate from adult 
 10.22  records does not mean that a law enforcement agency must keep 
 10.23  its records concerning juveniles on a separate computer system.  
 10.24  Law enforcement agencies may keep juvenile records on the same 
 10.25  computer as adult records and may use a common index to access 
 10.26  both juvenile and adult records so long as the agency has in 
 10.27  place procedures that keep juvenile records in a separate place 
 10.28  in computer storage and that comply with the special data 
 10.29  retention and other requirements associated with protecting data 
 10.30  on juveniles. 
 10.31     (b) Nothing in this subdivision prohibits the exchange of 
 10.32  information by law enforcement agencies if the exchanged 
 10.33  information is pertinent and necessary to the requesting agency 
 10.34  in initiating, furthering, or completing a criminal 
 10.35  investigation. 
 10.36     (c) A photograph may be taken of a child taken into custody 
 11.1   pursuant to section 260.165, subdivision 1, clause (b), provided 
 11.2   that the photograph must be destroyed when the child reaches the 
 11.3   age of 19 years.  If the child is taken into custody for 
 11.4   allegedly committing a felony or gross misdemeanor-level 
 11.5   delinquent act and is detained in a secure detention facility, 
 11.6   the facility must take the child's fingerprints and booking 
 11.7   photograph as required by section 299C.10, subdivision 1.  The 
 11.8   commissioner of corrections may photograph juveniles whose legal 
 11.9   custody is transferred to the commissioner.  Photographs of 
 11.10  juveniles authorized by this paragraph may be used only for 
 11.11  institution management purposes, case supervision by parole 
 11.12  agents, and to assist law enforcement agencies to apprehend 
 11.13  juvenile offenders.  The commissioner shall maintain photographs 
 11.14  of juveniles in the same manner as juvenile court records and 
 11.15  names under this section. 
 11.16     (d) Traffic investigation reports are open to inspection by 
 11.17  a person who has sustained physical harm or economic loss as a 
 11.18  result of the traffic accident.  Identifying information on 
 11.19  juveniles who are parties to traffic accidents may be disclosed 
 11.20  as authorized under section 13.82, subdivision 4, and accident 
 11.21  reports required under section 169.09 may be released under 
 11.22  section 169.09, subdivision 13, unless the information would 
 11.23  identify a juvenile who was taken into custody or who is 
 11.24  suspected of committing an offense that would be a crime if 
 11.25  committed by an adult, or would associate a juvenile with the 
 11.26  offense, and the offense is not a minor traffic offense under 
 11.27  section 260.193. 
 11.28     (e) A law enforcement agency shall notify the principal or 
 11.29  chief administrative officer of a juvenile's school of an 
 11.30  incident occurring within the agency's jurisdiction if: 
 11.31     (1) the agency has probable cause to believe that the 
 11.32  juvenile has committed an offense that would be a crime if 
 11.33  committed as an adult, that the victim of the offense is a 
 11.34  student or staff member of the school, and that notice to the 
 11.35  school is reasonably necessary for the protection of the victim; 
 11.36  or 
 12.1      (2) the agency has probable cause to believe that the 
 12.2   juvenile has committed an offense described in subdivision 1b, 
 12.3   paragraph (a), clauses (1) to (3), that would be a crime if 
 12.4   committed by an adult, regardless of whether the victim is a 
 12.5   student or staff member of the school. 
 12.6      A law enforcement agency is not required to notify the 
 12.7   school under this paragraph if the agency determines that notice 
 12.8   would jeopardize an ongoing investigation.  Notwithstanding 
 12.9   section 138.17, data from a notice received from a law 
 12.10  enforcement agency under this paragraph must be destroyed when 
 12.11  the juvenile graduates from the school or at the end of the 
 12.12  academic year when the juvenile reaches age 23, whichever date 
 12.13  is earlier.  For purposes of this paragraph, "school" means a 
 12.14  public or private elementary, middle, or secondary school. 
 12.15     (f) In any county in which the county attorney operates or 
 12.16  authorizes the operation of a juvenile prepetition or pretrial 
 12.17  diversion program, a law enforcement agency or county attorney's 
 12.18  office may provide the juvenile diversion program with data 
 12.19  concerning a juvenile who is a participant in or is being 
 12.20  considered for participation in the program. 
 12.21     (g) Upon request of a local social service agency, peace 
 12.22  officer records of children who are or may be delinquent or who 
 12.23  may be engaged in criminal acts may be disseminated to the 
 12.24  agency to promote the best interests of the subject of the data. 
 12.25     Sec. 10.  Minnesota Statutes 1995 Supplement, section 
 12.26  299C.10, subdivision 1, is amended to read: 
 12.27     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
 12.28  made the duty of the sheriffs of the respective counties and, of 
 12.29  the police officers in cities of the first, second, and third 
 12.30  classes, under the direction of the chiefs of police in such 
 12.31  cities, and of community corrections agencies operating secure 
 12.32  juvenile detention facilities to take or cause to be taken 
 12.33  immediately finger and thumb prints, photographs, distinctive 
 12.34  physical mark identification data, and such other identification 
 12.35  data as may be requested or required by the superintendent of 
 12.36  the bureau; of all persons arrested for a felony, gross 
 13.1   misdemeanor, of all juveniles committing felonies as 
 13.2   distinguished from those committed by adult offenders, of all 
 13.3   persons reasonably believed by the arresting officer to be 
 13.4   fugitives from justice, of all persons in whose possession, when 
 13.5   arrested, are found concealed firearms or other dangerous 
 13.6   weapons, burglar tools or outfits, high-power explosives, or 
 13.7   articles, machines, or appliances usable for an unlawful purpose 
 13.8   and reasonably believed by the arresting officer to be intended 
 13.9   for such purposes, and within 24 hours thereafter to forward 
 13.10  such fingerprint records and other identification data on such 
 13.11  forms and in such manner as may be prescribed by the 
 13.12  superintendent of the bureau of criminal apprehension. 
 13.13     (b) Effective August 1, 1997, the identification reporting 
 13.14  requirements shall also apply to persons committing misdemeanor 
 13.15  offenses, including violent and enhanceable crimes, and 
 13.16  juveniles committing gross misdemeanors.  In addition, the 
 13.17  reporting requirements shall include any known aliases or street 
 13.18  names of the offenders. 
 13.19     Sec. 11.  [EFFECTIVE DATE.] 
 13.20     Sections 1, subdivision 2; 3; and 7 to 10, are effective 
 13.21  July 1, 1996.  Sections 1, subdivisions 1, 3, 4, and 5; 2; and 4 
 13.22  to 6, are effective January 1, 1998, and apply to traffic 
 13.23  citations outstanding and fines delinquent on or after that date.