SF 329

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

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing crime 
  1.3             information systems office in department of public 
  1.4             safety; amending Minnesota Statutes 1994, sections 
  1.5             299C.18; 299C.21; 299C.22, subdivision 2; and 299C.46, 
  1.6             by adding a subdivision; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 299C; repealing 
  1.8             Minnesota Statutes 1994, section 299C.36; and 299C.46, 
  1.9             subdivision 5.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [299C.061] [COUNTY DUTIES.] 
  1.12     Subdivision 1.  [CASE INFORMATION.] County attorneys shall 
  1.13  furnish to the bureau of criminal apprehension, in a form as the 
  1.14  bureau may prescribe, information concerning complaints, 
  1.15  complaints denied, cases referred to city attorneys, and 
  1.16  information and indictments filed.  
  1.17     Subd. 2.  [DIVERSION PROGRAM DATA.] Counties operating 
  1.18  diversion programs under section 299C.11 shall supply to the 
  1.19  bureau of criminal apprehension the identifying data specified 
  1.20  by the bureau concerning diversion program participants.  
  1.21  Notwithstanding section 299C.11, the bureau shall maintain the 
  1.22  names and data in the computerized criminal history system for 
  1.23  20 years from the date of the offense.  Data maintained under 
  1.24  this subdivision are private data. 
  1.25     Sec. 2.  [299C.062] [DUTIES OF CORRECTIONAL AGENCIES.] 
  1.26     Correctional agencies at the local and state level shall 
  1.27  report to the bureau of criminal apprehension information 
  2.1   concerning probations granted; receipts, transfers, and 
  2.2   discharges to and from prisons, reformatories, correctional 
  2.3   schools, and other institutions; paroles granted and revoked; 
  2.4   commutation of sentences and pardons granted and rescinded; and 
  2.5   all other data useful in determining the criminal record of 
  2.6   individuals and their status.  This information must be 
  2.7   furnished upon the request of the division and in a form the 
  2.8   division may prescribe. 
  2.9      Sec. 3.  Minnesota Statutes 1994, section 299C.18, is 
  2.10  amended to read: 
  2.11     299C.18 [REPORTS.] 
  2.12     Biennially, on or before November 15, in each even-numbered 
  2.13  year Annually the superintendent shall submit to the governor 
  2.14  and the legislature a detailed report of the operations of the 
  2.15  bureau, of information about crime and the handling of crimes 
  2.16  and criminals by state and local officials collected by the 
  2.17  bureau, and the superintendent's interpretations of the 
  2.18  operations information, with comments and recommendations.  The 
  2.19  data contained in the report on Part I offenses cleared by 
  2.20  arrest, as defined by the United States Department of 
  2.21  Justice, shall must be collected and tabulated geographically at 
  2.22  least on a county-by-county basis.  In such the reports, the 
  2.23  superintendent shall, from time to time, include recommendations 
  2.24  to the legislature for dealing with crime and criminals and 
  2.25  information as to conditions and methods in other states in 
  2.26  reference thereto, and shall furnish a copy of such report to 
  2.27  each member of the legislature.  
  2.28     Sec. 4.  Minnesota Statutes 1994, section 299C.21, is 
  2.29  amended to read: 
  2.30     299C.21 [PENALTY ON LOCAL OFFICERS REFUSING INFORMATION.] 
  2.31     If any public official charged with the duty of furnishing 
  2.32  to the bureau department of public safety fingerprint records, 
  2.33  reports, or other information required by sections 299C.06 
  2.34  299C.061, 299C.062, 299C.10, 299C.11, 299C.17, 299C.22, 299C.45, 
  2.35  626.553, 626.5531, and 626.5532 shall neglect or refuse to 
  2.36  comply with such that requirement, the bureau department, in 
  3.1   writing, shall notify the state, county, or city officer charged 
  3.2   with the issuance of a warrant for the payment of the salary 
  3.3   of such the official.  Upon the receipt of the notice, the 
  3.4   state, county, or city official shall withhold the issuance of a 
  3.5   warrant for the payment of the salary or other compensation 
  3.6   accruing to such the officer for the period of 30 days 
  3.7   thereafter until notified by the bureau department that such the 
  3.8   suspension has been released by the performance of the required 
  3.9   duty.  
  3.10     Sec. 5.  Minnesota Statutes 1994, section 299C.22, 
  3.11  subdivision 2, is amended to read: 
  3.12     Subd. 2.  [REPORTS.] Each discharge of a firearm by a 
  3.13  security guard in the course of employment, other than for 
  3.14  training purposes, shall must be reported to the chief of police 
  3.15  of an organized full-time police department of the municipality 
  3.16  in which the discharge occurred or to the county sheriff if 
  3.17  there is no local chief of police.  Reports required to be made 
  3.18  under this subdivision shall must be forwarded to the bureau of 
  3.19  criminal apprehension department of public safety upon forms as 
  3.20  may be prescribed and furnished by the bureau department.  
  3.21  The superintendent commissioner shall cause have a summary of 
  3.22  the reports to be compiled and published annually. 
  3.23     Sec. 6.  [299C.45] [INFORMATION SYSTEMS OFFICE.] 
  3.24     Subdivision 1.  [ESTABLISHMENT.] An office in the 
  3.25  department of public safety to be known as the office of 
  3.26  information systems is established and shall perform the 
  3.27  functions and duties described in this section.  
  3.28     Subd. 2.  [EMPLOYEES; RULES.] (a) The commissioner shall 
  3.29  appoint and remove employees as may be necessary to carry out 
  3.30  the work of the office of information systems, as provided by 
  3.31  state law, appropriate policies of the department of employee 
  3.32  relations, and the appropriate bargaining units. 
  3.33     (b) The commissioner shall adopt rules and implement 
  3.34  measures considered necessary, within the provisions and 
  3.35  limitations of sections 299C.45 and 299C.46, to secure the 
  3.36  efficient operation of the office of information systems.  
  4.1      Subd. 3.  [DUTIES.] The office of information systems shall:
  4.2      (1) perform those functions and duties relating to 
  4.3   statewide and nationwide crime information systems as the 
  4.4   commissioner may direct; 
  4.5      (2) collect and preserve as a record of the department 
  4.6   information concerning the number and nature of offenses known 
  4.7   to have been committed in the state and other related 
  4.8   information as may be useful in the study of crime and the 
  4.9   administration of justice, which shall include data as may be 
  4.10  requested by the United States Department of Justice, 
  4.11  Washington, D.C., under the national system of crime reporting; 
  4.12  and 
  4.13     (3) maintain a criminal justice information system (CJIS) 
  4.14  that provides a capability for federal, state, and local 
  4.15  criminal justice agencies to enter, store, and retrieve 
  4.16  documented information relating to wanted persons, missing 
  4.17  persons, and stolen property and is interactive with the 
  4.18  National Crime Information Center, the National Law Enforcement 
  4.19  Telecommunications System, and other communication systems as 
  4.20  necessary to provide needed services and as approved by the 
  4.21  commissioner. 
  4.22     Subd. 4.  [INFORMATION REQUIRED.] Sheriffs, chiefs of 
  4.23  police, the chief of the state patrol, constables, correctional 
  4.24  facility managers, mental hospital managers, probation and 
  4.25  parole officers, coroners and medical examiners, county and city 
  4.26  attorneys, court clerks, the commissioner of public safety, the 
  4.27  commissioner of transportation, the department of natural 
  4.28  resources enforcement division, the state fire marshal, the 
  4.29  liquor control division, the gambling enforcement division, and 
  4.30  the office of the attorney general shall furnish to the office 
  4.31  of information systems statistics and information regarding the 
  4.32  number of crimes reported and discovered; arrests made; 
  4.33  complaints, information, and indictments filed; and other data 
  4.34  as determined by the commissioner to be useful in determining 
  4.35  the cause and amount of crime in this state and to form a basis 
  4.36  for the study of crime and related problems.  The statistics, 
  5.1   data, and information must be furnished upon the request of the 
  5.2   office of information systems on a form or in a format as the 
  5.3   office may prescribe and furnish.  
  5.4      Subd. 5.  [TRAINING; INSPECTION; RECORDS.] (a) The office 
  5.5   of information systems shall provide training as necessary or as 
  5.6   required by federal law and regulations to enable those agencies 
  5.7   providing statistics, data, and information to those systems 
  5.8   described in this section to meet reporting requirements and to 
  5.9   utilize these systems effectively.  
  5.10     (b) The office of information systems may inspect and 
  5.11  prescribe the form and substance of the records kept by those 
  5.12  officials furnishing the statistics, data, or information.  
  5.13     Subd. 6.  [REPORT TO LEGISLATURE.] Annually the 
  5.14  commissioner shall submit to the governor and the legislature a 
  5.15  detailed report of information about the occurrences of crime 
  5.16  and arrest of individuals as reported by state and local 
  5.17  officials and collected by the department of public safety.  In 
  5.18  the report, the commissioner may include recommendations to the 
  5.19  legislature for dealing with crime and criminals and information 
  5.20  regarding conditions or methods in other states for dealing with 
  5.21  crime and criminals. 
  5.22     Sec. 7.  Minnesota Statutes 1994, section 299C.46, is 
  5.23  amended by adding a subdivision to read: 
  5.24     Subd. 6.  [PRIORITY FOR RESUMING TELECOMMUNICATION 
  5.25  SERVICE.] Telecommunication companies operating in the state 
  5.26  providing data communication services for purposes of this 
  5.27  statute shall give priority to all messages directed to 
  5.28  receiving equipment operating under sections 299C.45, 299C.46, 
  5.29  and 299C.48.  When service is disrupted, priority must be given 
  5.30  to reestablishing an operational capability as necessary to meet 
  5.31  the requirements of this section.  
  5.32     Sec. 8.  [REPEALER.] 
  5.33     Minnesota Statutes 1994, sections 299C.36; and 299C.46, 
  5.34  subdivision 5, are repealed.