HF 3382

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to public safety; modifying provisions governing public hearings and
1.3public access to juvenile records; authorizing the expungement of certain
1.4juvenile records; authorizing the commissioner of human services to grant set
1.5asides or variances for certain individuals disqualified from licensure because of
1.6an offense committed as a juvenile; amending Minnesota Statutes 2008, sections
1.7260B.163, subdivision 1; 260B.171, subdivisions 4, 5; 609A.02, subdivision 2;
1.8609A.03, subdivisions 1, 2, 4, 5, 5a, 7; Minnesota Statutes 2009 Supplement,
1.9section 245C.24, subdivision 2.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11    Section 1. Minnesota Statutes 2009 Supplement, section 245C.24, subdivision 2, is
1.12amended to read:
1.13    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as otherwise
1.14provided in paragraph (b) this subdivision, the commissioner may not set aside the
1.15disqualification of any individual disqualified pursuant to this chapter, regardless of how
1.16much time has passed, if the individual was disqualified for a crime or conduct listed in
1.17section 245C.15, subdivision 1.
1.18    (b) For an individual in the chemical dependency or corrections field who was
1.19disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
1.20disqualification was set aside prior to July 1, 2005, the commissioner must consider
1.21granting a variance pursuant to section 245C.30 for the license holder for a program
1.22dealing primarily with adults. A request for reconsideration evaluated under this paragraph
1.23must include a letter of recommendation from the license holder that was subject to the
1.24prior set-aside decision addressing the individual's quality of care to children or vulnerable
1.25adults and the circumstances of the individual's departure from that service.
2.1(c) When a licensed foster care provider adopts an individual who had received
2.2foster care services from the provider for over six months, and the adopted individual is
2.3required to receive a background study under section 245C.03, subdivision 1, paragraph
2.4(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
2.5section 245C.30 to permit the adopted individual with a permanent disqualification
2.6to remain affiliated with the license holder under the conditions of the variance when
2.7the variance is recommended by the county of responsibility for each of the remaining
2.8individuals in placement in the home and the licensing agency for the home.
2.9(d) The commissioner shall consider granting a set aside under section 245C.22 or a
2.10variance under section 245C.30 to an individual who is now 21 years of age or older and
2.11who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1,
2.12occurring while the individual was under the age of 18. This paragraph does not apply to
2.13individuals who were convicted of the disqualifying crime following certification under
2.14section 260B.125.

2.15    Sec. 2. Minnesota Statutes 2008, section 260B.163, subdivision 1, is amended to read:
2.16    Subdivision 1. General. (a) Except for hearings arising under section 260B.425,
2.17hearings on any matter shall be without a jury and may be conducted in an informal
2.18manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
2.19right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
2.20to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings
2.21involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
2.22petty offender, and hearings conducted pursuant to section 260B.125 except to the extent
2.23that the rules themselves provide that they do not apply.
2.24(b) When a continuance or adjournment is ordered in any proceeding, the court may
2.25make any interim orders as it deems in the best interests of the minor in accordance with
2.26the provisions of sections 260B.001 to 260B.421.
2.27(c) Except as otherwise provided in this paragraph, the court shall exclude the
2.28general public from hearings under this chapter and shall admit only those persons who, in
2.29the discretion of the court, have a direct interest in the case or in the work of the court. The
2.30court shall permit the victim of a child's delinquent act to attend any related delinquency
2.31proceeding, except that the court may exclude the victim:
2.32(1) as a witness under the Rules of Criminal Procedure; and
2.33(2) from portions of a certification hearing to discuss psychological material or other
2.34evidence that would not be accessible to the public.
3.1The court shall open the hearings to the public in delinquency or extended jurisdiction
3.2juvenile proceedings where if the child is alleged to have committed an offense or has
3.3been proven to have committed an offense that would be a felony if committed by an adult
3.4and, the child was at least 16 years of age at the time of the offense, except that and
3.5the court determines that due to the violent and severe nature of the offense, the benefit
3.6to public safety of opening the hearing to the public outweighs the potential collateral
3.7consequences for the child that may result from a public record. The court may exclude
3.8the public from portions of a certification hearing to discuss psychological material or
3.9other evidence that would not be accessible to the public in an adult proceeding.
3.10(d) In all delinquency cases a person named in the charging clause of the petition
3.11as a person directly damaged in person or property shall be entitled, upon request, to be
3.12notified by the court administrator in writing, at the named person's last known address, of
3.13(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.

3.14    Sec. 3. Minnesota Statutes 2008, section 260B.171, subdivision 4, is amended to read:
3.15    Subd. 4. Public inspection of records. (a) Legal records arising from proceedings
3.16or portions of proceedings that are the court opens to the public under section 260B.163,
3.17subdivision 1 , are open to public inspection.
3.18(b) Except as otherwise provided by this section, none of the records of the juvenile
3.19court and none of the records relating to an appeal from a nonpublic juvenile court
3.20proceeding, except the written appellate opinion, shall be open to public inspection or
3.21their contents disclosed except:
3.22(1) by order of a court; or
3.23(2) as required by chapter 245C or sections 245A.04, 611A.03, 611A.04, 611A.06,
3.24and 629.73.
3.25(c) The victim of any alleged delinquent act may, upon the victim's request, obtain
3.26the following information, unless it reasonably appears that the request is prompted by a
3.27desire on the part of the requester to engage in unlawful activities:
3.28(1) the name and age of the juvenile;
3.29(2) the act for which the juvenile was petitioned and date of the offense; and
3.30(3) the disposition, including, but not limited to, dismissal of the petition, diversion,
3.31probation and conditions of probation, detention, fines, or restitution.
3.32(d) The records of juvenile probation officers and county home schools are records
3.33of the court for the purposes of this subdivision. Court services data relating to delinquent
3.34acts that are contained in records of the juvenile court may be released as allowed under
3.35section 13.84, subdivision 6. This subdivision applies to all proceedings under this
4.1chapter, including appeals from orders of the juvenile court, except that this subdivision
4.2does not apply to proceedings under section 260B.335 or 260B.425 when the proceeding
4.3involves an adult defendant. The court shall maintain the confidentiality of adoption files
4.4and records in accordance with the provisions of laws relating to adoptions. In juvenile
4.5court proceedings any report or social history furnished to the court shall be open to
4.6inspection by the attorneys of record and the guardian ad litem a reasonable time before it
4.7is used in connection with any proceeding before the court.
4.8(e) When a judge of a juvenile court, or duly authorized agent of the court,
4.9determines under a proceeding under this chapter that a child has violated a state or local
4.10law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
4.11and highways, except parking violations, the judge or agent shall immediately report
4.12the violation to the commissioner of public safety. The report must be made on a form
4.13provided by the Department of Public Safety and must contain the information required
4.14under section 169.95.
4.15(f) A county attorney may give a law enforcement agency that referred a delinquency
4.16matter to the county attorney a summary of the results of that referral, including the details
4.17of any juvenile court disposition.

4.18    Sec. 4. Minnesota Statutes 2008, section 260B.171, subdivision 5, is amended to read:
4.19    Subd. 5. Peace officer records of children. (a) Except for records relating to an
4.20offense where the court opens the proceedings are to the public under section 260B.163,
4.21subdivision 1 , Peace officers' records of children who are or may be delinquent or
4.22who may be engaged in criminal acts shall be kept separate from records of persons
4.2318 years of age or older and are private data but shall be disseminated: (1) by order of
4.24the juvenile court, (2) as required by section 121A.28, (3) as authorized under section
4.2513.82, subdivision 2 , (4) to the child or the child's parent or guardian unless disclosure
4.26of a record would interfere with an ongoing investigation, (5) to the Minnesota crime
4.27victims reparations board as required by section 611A.56, subdivision 2, clause (6), for the
4.28purpose of processing claims for crime victims reparations, or (6) as otherwise provided in
4.29this subdivision. Except as provided in paragraph (c), no photographs of a child taken into
4.30custody may be taken without the consent of the juvenile court unless the child is alleged
4.31to have violated section 169A.20. Peace officers' records containing data about children
4.32who are victims of crimes or witnesses to crimes must be administered consistent with
4.33section 13.82, subdivisions 2, 3, 6, and 17. Any person violating any of the provisions of
4.34this subdivision shall be guilty of a misdemeanor.
5.1    In the case of computerized records maintained about juveniles by peace officers,
5.2the requirement of this subdivision that records about juveniles must be kept separate
5.3from adult records does not mean that a law enforcement agency must keep its records
5.4concerning juveniles on a separate computer system. Law enforcement agencies may keep
5.5juvenile records on the same computer as adult records and may use a common index to
5.6access both juvenile and adult records so long as the agency has in place procedures that
5.7keep juvenile records in a separate place in computer storage and that comply with the
5.8special data retention and other requirements associated with protecting data on juveniles.
5.9    (b) Nothing in this subdivision prohibits the exchange of information by law
5.10enforcement agencies if the exchanged information is pertinent and necessary for law
5.11enforcement purposes.
5.12    (c) A photograph may be taken of a child taken into custody pursuant to section
5.13260B.175, subdivision 1 , clause (b), provided that the photograph must be destroyed when
5.14the child reaches the age of 19 years. The commissioner of corrections may photograph
5.15juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles
5.16authorized by this paragraph may be used only for institution management purposes,
5.17case supervision by parole agents, and to assist law enforcement agencies to apprehend
5.18juvenile offenders. The commissioner shall maintain photographs of juveniles in the same
5.19manner as juvenile court records and names under this section.
5.20    (d) Traffic investigation reports are open to inspection by a person who has sustained
5.21physical harm or economic loss as a result of the traffic accident. Identifying information
5.22on juveniles who are parties to traffic accidents may be disclosed as authorized under
5.23section 13.82, subdivision 6, and accident reports required under section 169.09 may be
5.24released under section 169.09, subdivision 13, unless the information would identify a
5.25juvenile who was taken into custody or who is suspected of committing an offense that
5.26would be a crime if committed by an adult, or would associate a juvenile with the offense,
5.27and the offense is not an adult court traffic offense under section 260B.225.
5.28    (e) The head of a law enforcement agency or a person specifically given the duty
5.29by the head of the law enforcement agency shall notify the superintendent or chief
5.30administrative officer of a juvenile's school of an incident occurring within the agency's
5.31jurisdiction if:
5.32    (1) the agency has probable cause to believe that the juvenile has committed an
5.33offense that would be a crime if committed as an adult, that the victim of the offense is a
5.34student or staff member of the school, and that notice to the school is reasonably necessary
5.35for the protection of the victim; or
6.1    (2) the agency has probable cause to believe that the juvenile has committed an
6.2offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime
6.3if committed by an adult, regardless of whether the victim is a student or staff member
6.4of the school.
6.5    A law enforcement agency is not required to notify the school under this paragraph
6.6if the agency determines that notice would jeopardize an ongoing investigation. For
6.7purposes of this paragraph, "school" means a public or private elementary, middle,
6.8secondary, or charter school.
6.9    (f) In any county in which the county attorney operates or authorizes the operation
6.10of a juvenile prepetition or pretrial diversion program, a law enforcement agency or
6.11county attorney's office may provide the juvenile diversion program with data concerning
6.12a juvenile who is a participant in or is being considered for participation in the program.
6.13    (g) Upon request of a local social services agency, peace officer records of
6.14children who are or may be delinquent or who may be engaged in criminal acts may be
6.15disseminated to the agency to promote the best interests of the subject of the data.
6.16    (h) Upon written request, the prosecuting authority shall release investigative data
6.17collected by a law enforcement agency to the victim of a criminal act or alleged criminal
6.18act or to the victim's legal representative, except as otherwise provided by this paragraph.
6.19Data shall not be released if:
6.20    (1) the release to the individual subject of the data would be prohibited under
6.21section 13.821; or
6.22    (2) the prosecuting authority reasonably believes:
6.23    (i) that the release of that data will interfere with the investigation; or
6.24    (ii) that the request is prompted by a desire on the part of the requester to engage in
6.25unlawful activities.
6.26(i) A consent to the release of a peace officer record governed by this subdivision
6.27from the individual who is the subject of the record is not effective and a law enforcement
6.28agency must not release the record or release information in a manner that reveals the
6.29existence of the record.

6.30    Sec. 5. Minnesota Statutes 2008, section 609A.02, subdivision 2, is amended to read:
6.31    Subd. 2. Offenses committed by juveniles prosecuted as adults. A petition for
6.32the sealing of a conviction record any type of delinquency or criminal record relating to a
6.33juvenile matter may be filed under section 609A.03 by a person who has been committed
6.34to the custody of the commissioner of corrections upon conviction of a crime following
6.35certification to district court under section 260B.125, if the person successfully completed
7.1the terms of the person's disposition or sentence and who is no longer under correctional
7.2supervision for the offense, if:
7.3(1) is finally discharged by the commissioner; or the person received a disposition
7.4under section 260B.198, regardless of whether the person was adjudicated delinquent;
7.5(2) has been placed on probation by the court under section 609.135 and has been
7.6discharged from probation after satisfactory fulfillment of it the matter was designated
7.7an extended jurisdiction juvenile prosecution under section 260B.130 and the person's
7.8adult sentence was never executed;
7.9(3) the matter was designated an extended jurisdiction juvenile prosecution under
7.10section 260B.130 and the person's adult sentence was subsequently executed; or
7.11(4) the matter was certified for adult prosecution under section 260B.125.

7.12    Sec. 6. Minnesota Statutes 2008, section 609A.03, subdivision 1, is amended to read:
7.13    Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
7.14record who is seeking the expungement of the record shall file a petition under this section
7.15and pay a filing fee in the amount required under section 357.021, subdivision 2, clause
7.16(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
7.17described in section 609A.02, subdivision 2, clause (1) or (2), and subdivision 3.

7.18    Sec. 7. Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:
7.19    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
7.20oath by the petitioner and shall state the following:
7.21(1) the petitioner's full name and all other legal names or aliases by which the
7.22petitioner has been known at any time;
7.23(2) the petitioner's date of birth;
7.24(3) all of the petitioner's addresses from the date of the offense or alleged offense in
7.25connection with which an expungement order is sought, to the date of the petition;
7.26(4) why expungement is sought, if it is for employment or licensure purposes, the
7.27statutory or other legal authority under which it is sought, and why it should be granted;
7.28(5) the details of the offense or arrest for which expungement is sought, including
7.29the date and jurisdiction of the occurrence, either the names of any victims or that there
7.30were no identifiable victims, whether there is a current order for protection, restraining
7.31order, or other no contact order prohibiting the petitioner from contacting the victims or
7.32whether there has ever been a prior order for protection or restraining order prohibiting the
7.33petitioner from contacting the victims, the court file number, and the date of conviction
7.34or of dismissal;
8.1(6) in the case of a conviction or adjudication delinquency record, what steps the
8.2petitioner has taken since the time of the offense toward personal rehabilitation, including
8.3treatment, work, or other personal history that demonstrates rehabilitation;
8.4(7) petitioner's criminal conviction and adjudication delinquency record indicating
8.5all convictions and adjudication findings of delinquency for misdemeanors, gross
8.6misdemeanors, or felonies in this state, and for all comparable convictions and adjudication
8.7findings of delinquency in any other state, federal court, or foreign country, whether the
8.8convictions or adjudication findings of delinquency occurred before or after the arrest or,
8.9 conviction, or adjudication finding of delinquency for which expungement is sought;
8.10(8) petitioner's criminal charges record indicating all prior and pending criminal
8.11charges against the petitioner in this state or another jurisdiction, including all criminal
8.12charges that have been continued for dismissal or stayed for adjudication, or have been the
8.13subject of pretrial diversion; and
8.14(9) all prior requests by the petitioner, whether for the present offense or for any
8.15other offenses, in this state or any other state or federal court, for pardon, return of arrest
8.16records, or expungement or sealing of a criminal record, whether granted or not, and all
8.17stays of adjudication or imposition of sentence involving the petitioner.
8.18(b) If there is a current order for protection, restraining order, or other no contact
8.19order prohibiting the petitioner from contacting the victims or there has ever been a prior
8.20order for protection or restraining order prohibiting the petitioner from contacting the
8.21victims, the petitioner shall attach a copy of the order to the petition.

8.22    Sec. 8. Minnesota Statutes 2008, section 609A.03, subdivision 4, is amended to read:
8.23    Subd. 4. Hearing. (a) A hearing on the petition shall be held no sooner than 60
8.24days after service of the petition. A victim of the offense for which expungement is
8.25sought has a right to submit an oral or written statement to the court at the time of the
8.26hearing describing the harm suffered by the victim as a result of the crime and the victim's
8.27recommendation on whether expungement should be granted or denied. The judge shall
8.28consider the victim's statement when making a decision.
8.29(b) The court shall exclude the general public from a hearing on a petition to
8.30expunge a record relating to a juvenile matter under section 609A.02, subdivision 2, and
8.31may admit only persons who the court determines have a direct interest in the case, unless
8.32the hearing on the underlying offense for which expungement is sought was open to the
8.33public under section 260B.163, subdivision 1, paragraph (c), or other law.

8.34    Sec. 9. Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:
9.1    Subd. 5. Nature of remedy; standard; firearms restriction. (a) Except as
9.2otherwise provided by paragraph (b) or (c), expungement of a criminal or delinquency
9.3record is an extraordinary remedy to be granted only upon clear and convincing evidence
9.4that it would yield a benefit to the petitioner commensurate with the disadvantages to
9.5the public and public safety of:
9.6(1) sealing the record; and
9.7(2) burdening the court and public authorities to issue, enforce, and monitor an
9.8expungement order.
9.9(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning
9.10for the sealing of a criminal or delinquency record under section 609A.02, subdivision
9.113 , the court shall grant the petition to seal the record unless the agency or jurisdiction
9.12whose records would be affected establishes by clear and convincing evidence that the
9.13interests of the public and public safety outweigh the disadvantages to the petitioner
9.14of not sealing the record.
9.15(c) If the petitioner is petitioning for the sealing of a criminal or delinquency record
9.16under section 609A.02, subdivision 2, clause (1) or (2), the court shall grant the petition
9.17to seal the record unless the agency or jurisdiction whose records would be affected
9.18establishes by clear and convincing evidence that the interests of the public and public
9.19safety outweigh the disadvantages to the petitioner of not sealing the record.
9.20(d) If the court issues an expungement order it may require that the criminal or
9.21delinquency record be sealed, the existence of the record not be revealed, and the record
9.22not be opened except as required under subdivision 7. Records must not be destroyed or
9.23returned to the subject of the record.

9.24    Sec. 10. Minnesota Statutes 2008, section 609A.03, subdivision 5a, is amended to read:
9.25    Subd. 5a. Order concerning crimes of violence. An order expunging the record
9.26of a conviction or adjudication delinquency record for a crime of violence as defined
9.27in section 624.712, subdivision 5, must provide that the person is not entitled to ship,
9.28transport, possess, or receive a firearm for the remainder of the person's lifetime. Any
9.29person whose record of conviction or adjudication delinquency record is expunged under
9.30this section and who thereafter receives a relief of disability under United States Code,
9.31title 18, section 925, or whose ability to possess firearms has been restored under section
9.32609.165, subdivision 1d , is not subject to the restriction in this subdivision.

9.33    Sec. 11. Minnesota Statutes 2008, section 609A.03, subdivision 7, is amended to read:
10.1    Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
10.2to a charge supported by probable cause, the DNA samples and DNA records held by
10.3the Bureau of Criminal Apprehension and collected under authority other than section
10.4299C.105 , shall not be sealed, returned to the subject of the record, or destroyed.
10.5(b) Notwithstanding the issuance of an expungement order:
10.6(1) an expunged record may be opened for purposes of a criminal investigation,
10.7prosecution, or sentencing, upon an ex parte court order;
10.8(2) an expunged record of a conviction or adjudication delinquency proceeding may
10.9be opened for purposes of evaluating a prospective employee in a criminal justice agency
10.10without a court order; and
10.11(3) an expunged record of a conviction or adjudication delinquency proceeding may
10.12be opened for purposes of a background study under section 245C.08 unless the court
10.13order for expungement is directed specifically to the commissioner of human services.
10.14Upon request by law enforcement, prosecution, or corrections authorities, an agency
10.15or jurisdiction subject to an expungement order shall inform the requester of the existence
10.16of a sealed record and of the right to obtain access to it as provided by this paragraph. For
10.17purposes of this section, a "criminal justice agency" means courts or a government agency
10.18that performs the administration of criminal justice under statutory authority.