HF 3583

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying the retention of juvenile adjudication history;
amending Minnesota Statutes 2006, section 299C.095, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2006, section 299C.095, subdivision 1, is amended to
read:

Subdivision 1.

Access to data on juveniles.

(a) The bureau shall administer and
maintain the computerized juvenile history record system based on sections 260B.171 and
260C.171 and other statutes requiring the reporting of data on juveniles. The data in the
system are private data as defined in section 13.02, subdivision 12, but are accessible to
criminal justice agencies as defined in section 13.02, subdivision 3a, to all trial courts and
appellate courts, to a person who has access to the juvenile court records as provided in
sections 260B.171 and 260C.171 or under court rule, to public defenders as provided in
section 611.272, and to criminal justice agencies in other states in the conduct of their
official duties.

(b) Except for access authorized under paragraph (a), the bureau shall only
disseminate a juvenile adjudication history record in connection with a background check
required by statute or rule and performed on a licensee, license applicant, or employment
applicant or performed under section 299C.62 or 624.713. If the background check is
performed under section 299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a background check crime as defined
in section 299C.61, subdivision 2. A consent for release of information from an individual
who is the subject of a juvenile adjudication history is not effective and the bureau shall
not release a juvenile adjudication history record and shall not release information in a
manner that reveals the existence of the record. Data maintained under section 243.166,
released in conjunction with a background check, regardless of the age of the offender at
the time of the offense, does not constitute releasing information in a manner that reveals
the existence of a juvenile adjudication history.

new text begin (c) After a juvenile reaches age 28, data retained under subdivision 2, paragraph
(e), clause (1), is not available for the purposes of paragraph (b), except for determining a
person's eligibility to possess a firearm, unless the offender commits a felony offense as
an adult.
new text end

Sec. 2.

Minnesota Statutes 2006, section 299C.095, subdivision 2, is amended to read:

Subd. 2.

Retention.

(a) Notwithstanding section 138.17, the bureau shall retain
juvenile history records for the time periods provided in this subdivision. Notwithstanding
contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must
be retained for the longest time period applicable to any item in the individual juvenile
history record. If, before data are destroyed under this subdivision, the subject of the
data is convicted of a felony as an adult, the individual's juvenile history record must be
retained for the same time period as an adult criminal history record.

(b) Juvenile history data on a child who was arrested must be destroyed deleted text begin six months deleted text end new text begin
one year new text end after the arrest if the child has not been referred to a diversion program and no
petition has been filed against the child by that time.

(c) Juvenile history data on a child against whom a delinquency petition was filed
and subsequently dismissed must be destroyed upon receiving notice from the court that
the petition was dismissed.

(d) Juvenile history data on a child who was referred to a diversion program or
against whom a delinquency petition has been filed and continued for dismissal must be
destroyed when the child reaches age 21.

(e) Juvenile history data on a child against whom a delinquency petition was filed
and continued without adjudication, or a child who was found to have committed a felony
or gross misdemeanor-level offense, must be destroyed when the child reaches age 28.
deleted text begin If the offender commits a felony violation as an adult, deleted text end The bureau shall retain the data for
as long as the data would have been retained if the offender had been an adult at the time
of the juvenile offense deleted text begin . deleted text end new text begin , if the offender commits:
new text end

new text begin (1) a felony or gross misdemeanor-level offense as a juvenile that disqualifies the
offender from possessing a firearm; or
new text end

new text begin (2) a felony offense as an adult.
new text end

(f) The bureau shall retain extended jurisdiction juvenile data on an individual
received under section 260B.171, subdivision 2, paragraph (c), for as long as the data
would have been retained if the offender had been an adult at the time of the offense.

(g) Data retained on individuals under this subdivision are private data under section
13.02, except that extended jurisdiction juvenile data become public data under section
13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult
sentence has been executed under section 260B.130, subdivision 5.

(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the
bureau shall destroy the data according to the schedule in this subdivision, unless the
person has access to the data under other law. The bureau shall include a notice of the
destruction schedule with all data it disseminates on juveniles.