SF 355

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; expanding coverage for crime 
  1.3             victims reparations to include Minnesota residents who 
  1.4             are victims of terrorist acts committed outside of the 
  1.5             United States; expanding coverage for child care 
  1.6             expenses to include additional costs incurred by 
  1.7             parents of a victim as a result of a crime; 
  1.8             authorizing release of peace officer records of 
  1.9             children to the crime victims reparations board for 
  1.10            claim processing purposes; amending Minnesota Statutes 
  1.11            1996, sections 260.161, subdivision 3; 611A.52, 
  1.12            subdivisions 6 and 8; and 611A.53, subdivision 1b. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 260.161, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
  1.17  for records relating to an offense where proceedings are public 
  1.18  under section 260.155, subdivision 1, peace officers' records of 
  1.19  children who are or may be delinquent or who may be engaged in 
  1.20  criminal acts shall be kept separate from records of persons 18 
  1.21  years of age or older and are private data but shall be 
  1.22  disseminated:  (1) by order of the juvenile court, (2) as 
  1.23  required by section 126.036, (3) as authorized under section 
  1.24  13.82, subdivision 2, (4) to the child or the child's parent or 
  1.25  guardian unless disclosure of a record would interfere with an 
  1.26  ongoing investigation, or (5) to the Minnesota crime victims 
  1.27  reparations board as required by section 611A.56, subdivision 2, 
  1.28  clause (f), for the purpose of processing claims for crime 
  1.29  victims reparations, or (6) as otherwise provided in this 
  2.1   subdivision.  Except as provided in paragraph (c), no 
  2.2   photographs of a child taken into custody may be taken without 
  2.3   the consent of the juvenile court unless the child is alleged to 
  2.4   have violated section 169.121 or 169.129.  Peace officers' 
  2.5   records containing data about children who are victims of crimes 
  2.6   or witnesses to crimes must be administered consistent with 
  2.7   section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
  2.8   violating any of the provisions of this subdivision shall be 
  2.9   guilty of a misdemeanor. 
  2.10     In the case of computerized records maintained about 
  2.11  juveniles by peace officers, the requirement of this subdivision 
  2.12  that records about juveniles must be kept separate from adult 
  2.13  records does not mean that a law enforcement agency must keep 
  2.14  its records concerning juveniles on a separate computer system.  
  2.15  Law enforcement agencies may keep juvenile records on the same 
  2.16  computer as adult records and may use a common index to access 
  2.17  both juvenile and adult records so long as the agency has in 
  2.18  place procedures that keep juvenile records in a separate place 
  2.19  in computer storage and that comply with the special data 
  2.20  retention and other requirements associated with protecting data 
  2.21  on juveniles. 
  2.22     (b) Nothing in this subdivision prohibits the exchange of 
  2.23  information by law enforcement agencies if the exchanged 
  2.24  information is pertinent and necessary to the requesting agency 
  2.25  in initiating, furthering, or completing a criminal 
  2.26  investigation. 
  2.27     (c) A photograph may be taken of a child taken into custody 
  2.28  pursuant to section 260.165, subdivision 1, clause (b), provided 
  2.29  that the photograph must be destroyed when the child reaches the 
  2.30  age of 19 years.  The commissioner of corrections may photograph 
  2.31  juveniles whose legal custody is transferred to the 
  2.32  commissioner.  Photographs of juveniles authorized by this 
  2.33  paragraph may be used only for institution management purposes, 
  2.34  case supervision by parole agents, and to assist law enforcement 
  2.35  agencies to apprehend juvenile offenders.  The commissioner 
  2.36  shall maintain photographs of juveniles in the same manner as 
  3.1   juvenile court records and names under this section. 
  3.2      (d) Traffic investigation reports are open to inspection by 
  3.3   a person who has sustained physical harm or economic loss as a 
  3.4   result of the traffic accident.  Identifying information on 
  3.5   juveniles who are parties to traffic accidents may be disclosed 
  3.6   as authorized under section 13.82, subdivision 4, and accident 
  3.7   reports required under section 169.09 may be released under 
  3.8   section 169.09, subdivision 13, unless the information would 
  3.9   identify a juvenile who was taken into custody or who is 
  3.10  suspected of committing an offense that would be a crime if 
  3.11  committed by an adult, or would associate a juvenile with the 
  3.12  offense, and the offense is not a minor traffic offense under 
  3.13  section 260.193. 
  3.14     (e) A law enforcement agency shall notify the principal or 
  3.15  chief administrative officer of a juvenile's school of an 
  3.16  incident occurring within the agency's jurisdiction if: 
  3.17     (1) the agency has probable cause to believe that the 
  3.18  juvenile has committed an offense that would be a crime if 
  3.19  committed as an adult, that the victim of the offense is a 
  3.20  student or staff member of the school, and that notice to the 
  3.21  school is reasonably necessary for the protection of the victim; 
  3.22  or 
  3.23     (2) the agency has probable cause to believe that the 
  3.24  juvenile has committed an offense described in subdivision 1b, 
  3.25  paragraph (a), clauses (1) to (3), that would be a crime if 
  3.26  committed by an adult, regardless of whether the victim is a 
  3.27  student or staff member of the school. 
  3.28     A law enforcement agency is not required to notify the 
  3.29  school under this paragraph if the agency determines that notice 
  3.30  would jeopardize an ongoing investigation.  Notwithstanding 
  3.31  section 138.17, data from a notice received from a law 
  3.32  enforcement agency under this paragraph must be destroyed when 
  3.33  the juvenile graduates from the school or at the end of the 
  3.34  academic year when the juvenile reaches age 23, whichever date 
  3.35  is earlier.  For purposes of this paragraph, "school" means a 
  3.36  public or private elementary, middle, or secondary school. 
  4.1      (f) In any county in which the county attorney operates or 
  4.2   authorizes the operation of a juvenile prepetition or pretrial 
  4.3   diversion program, a law enforcement agency or county attorney's 
  4.4   office may provide the juvenile diversion program with data 
  4.5   concerning a juvenile who is a participant in or is being 
  4.6   considered for participation in the program. 
  4.7      (g) Upon request of a local social service agency, peace 
  4.8   officer records of children who are or may be delinquent or who 
  4.9   may be engaged in criminal acts may be disseminated to the 
  4.10  agency to promote the best interests of the subject of the data. 
  4.11     Sec. 2.  Minnesota Statutes 1996, section 611A.52, 
  4.12  subdivision 6, is amended to read: 
  4.13     Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
  4.14     (1) occurs or is attempted anywhere within the geographical 
  4.15  boundaries of this state, including Indian reservations and 
  4.16  other trust lands; 
  4.17     (2) poses a substantial threat of personal injury or death; 
  4.18  and 
  4.19     (3) is included within the definition of "crime" in section 
  4.20  609.02, subdivision 1, or would be included within that 
  4.21  definition but for the fact that (i) the person engaging in the 
  4.22  conduct lacked capacity to commit the crime under the laws of 
  4.23  this state; or (ii) the act was alleged or found to have been 
  4.24  committed by a juvenile.  
  4.25     (b) A crime occurs whether or not any person is prosecuted 
  4.26  or convicted but the conviction of a person whose acts give rise 
  4.27  to the claim is conclusive evidence that a crime was committed 
  4.28  unless an application for rehearing, appeal, or petition for 
  4.29  certiorari is pending or a new trial or rehearing has been 
  4.30  ordered.  
  4.31     (c) "Crime" does not include an act involving the operation 
  4.32  of a motor vehicle, aircraft, or watercraft that results in 
  4.33  injury or death, except that a crime includes any of the 
  4.34  following: 
  4.35     (1) injury or death intentionally inflicted through the use 
  4.36  of a motor vehicle, aircraft, or watercraft; 
  5.1      (2) injury or death caused by a driver in violation of 
  5.2   section 169.09, subdivision 1; 169.121; or 609.21; and 
  5.3      (3) injury or death caused by a driver of a motor vehicle 
  5.4   in the immediate act of fleeing the scene of a crime in which 
  5.5   the driver knowingly and willingly participated. 
  5.6      (d) Notwithstanding paragraph (a), "crime" includes an act 
  5.7   of international terrorism as defined in United States Code, 
  5.8   title 18, section 2331, committed outside of the United States 
  5.9   against a resident of this state. 
  5.10     Sec. 3.  Minnesota Statutes 1996, section 611A.52, 
  5.11  subdivision 8, is amended to read: 
  5.12     Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
  5.13  economic detriment incurred as a direct result of injury or 
  5.14  death.  
  5.15     (a) In the case of injury the term is limited to:  
  5.16     (1) reasonable expenses incurred for necessary medical, 
  5.17  chiropractic, hospital, rehabilitative, and dental products, 
  5.18  services, or accommodations, including ambulance services, 
  5.19  drugs, appliances, and prosthetic devices; 
  5.20     (2) reasonable expenses associated with recreational 
  5.21  therapy where a claimant has suffered amputation of a limb; 
  5.22     (3) reasonable expenses incurred for psychological or 
  5.23  psychiatric products, services, or accommodations, not to exceed 
  5.24  an amount to be set by the board, where the nature of the injury 
  5.25  or the circumstances of the crime are such that the treatment is 
  5.26  necessary to the rehabilitation of the victim; 
  5.27     (4) loss of income that the victim would have earned had 
  5.28  the victim not been injured; 
  5.29     (5) reasonable expenses incurred for substitute child care 
  5.30  or household services to replace those the victim or claimant 
  5.31  would have performed had the victim or the claimant's child not 
  5.32  been injured.  As used in this clause, "child care services" 
  5.33  means services provided by facilities licensed under and in 
  5.34  compliance with either Minnesota Rules, parts 9502.0315 to 
  5.35  9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
  5.36  requirements pursuant to section 245A.03.  Licensed facilities 
  6.1   must be paid at a rate not to exceed their standard rate of 
  6.2   payment.  Facilities exempted from licensing requirements must 
  6.3   be paid at a rate not to exceed $3 an hour per child for daytime 
  6.4   child care or $4 an hour per child for evening child care; and 
  6.5      (6) reasonable expenses actually incurred to return a child 
  6.6   who was a victim of a crime under section 609.25 or 609.26 to 
  6.7   the child's parents or lawful custodian.  These expenses are 
  6.8   limited to transportation costs, meals, and lodging from the 
  6.9   time the child was located until the child was returned home.  
  6.10     (b) In the case of death the term is limited to:  
  6.11     (1) reasonable expenses actually incurred for funeral, 
  6.12  burial, or cremation, not to exceed an amount to be determined 
  6.13  by the board on the first day of each fiscal year; 
  6.14     (2) reasonable expenses for medical, chiropractic, 
  6.15  hospital, rehabilitative, psychological and psychiatric 
  6.16  services, products or accommodations which were incurred prior 
  6.17  to the victim's death and for which the victim's survivors or 
  6.18  estate are liable; 
  6.19     (3) loss of support, including contributions of money, 
  6.20  products or goods, but excluding services which the victim would 
  6.21  have supplied to dependents if the victim had lived; and 
  6.22     (4) reasonable expenses incurred for substitute child care 
  6.23  and household services to replace those which the victim or 
  6.24  claimant would have performed for the benefit of dependents if 
  6.25  the victim or the claimant's child had lived.  
  6.26     Claims for loss of support for minor children made under 
  6.27  clause (3) must be paid for three years or until the child 
  6.28  reaches 18 years old, whichever is the shorter period.  After 
  6.29  three years, if the child is younger than 18 years old a claim 
  6.30  for loss of support may be resubmitted to the board, and the 
  6.31  board staff shall evaluate the claim giving consideration to the 
  6.32  child's financial need and to the availability of funds to the 
  6.33  board.  Claims for loss of support for a spouse made under 
  6.34  clause (3) shall also be reviewed at least once every three 
  6.35  years.  The board staff shall evaluate the claim giving 
  6.36  consideration to the spouse's financial need and to the 
  7.1   availability of funds to the board.  
  7.2      Claims for substitute child care services made under clause 
  7.3   (4) must be limited to the actual care that the deceased victim 
  7.4   would have provided to enable surviving family members to pursue 
  7.5   economic, educational, and other activities other than 
  7.6   recreational activities. 
  7.7      Sec. 4.  Minnesota Statutes 1996, section 611A.53, 
  7.8   subdivision 1b, is amended to read: 
  7.9      Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
  7.10  Minnesota resident who is the victim of a crime committed 
  7.11  outside the geographical boundaries of this state but who 
  7.12  otherwise meets the requirements of this section shall have the 
  7.13  same rights under this chapter as if the crime had occurred 
  7.14  within this state upon a showing that the state, territory, or 
  7.15  United States possession in which the crime occurred does not 
  7.16  have a crime victim reparations law covering the resident's 
  7.17  injury or death. 
  7.18     (b) Notwithstanding paragraph (a), a Minnesota resident who 
  7.19  is the victim of a crime involving international terrorism who 
  7.20  otherwise meets the requirements of this section, has the same 
  7.21  rights under this chapter as if the crime had occurred within 
  7.22  this state regardless of where the crime occurred or whether the 
  7.23  jurisdiction has a crime victims reparations law.