SF 881

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice information systems; 
  1.3             expanding the crimes for which fingerprints are taken; 
  1.4             extending the effective date for submission of 
  1.5             diversion data; appropriating money; amending 
  1.6             Minnesota Statutes 1994, sections 299C.10, subdivision 
  1.7             1; 388.24, subdivision 4; and 401.065, subdivision 3a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 299C.10, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
  1.12  made the duty of the sheriffs of the respective counties and of 
  1.13  the police officers in cities of the first, second, and third 
  1.14  classes, under the direction of the chiefs of police in such 
  1.15  cities, to take or cause to be taken immediately finger and 
  1.16  thumb prints, photographs, distinctive physical mark 
  1.17  identification data, and such other identification data as may 
  1.18  be requested or required by the superintendent of the bureau; of 
  1.19  all persons arrested for a felony, gross misdemeanor, of all 
  1.20  juveniles committing felonies as distinguished from those 
  1.21  committed by adult offenders, of all persons reasonably believed 
  1.22  by the arresting officer to be fugitives from justice, of all 
  1.23  persons in whose possession, when arrested, are found concealed 
  1.24  firearms or other dangerous weapons, burglar tools or outfits, 
  1.25  high-power explosives, or articles, machines, or appliances 
  1.26  usable for an unlawful purpose and reasonably believed by the 
  2.1   arresting officer to be intended for such purposes, and within 
  2.2   24 hours thereafter to forward such fingerprint records and 
  2.3   other identification data on such forms and in such manner as 
  2.4   may be prescribed by the superintendent of the bureau of 
  2.5   criminal apprehension. 
  2.6      (b) Effective August 1, 1997, the identification reporting 
  2.7   requirements shall also apply to persons committing misdemeanor 
  2.8   offenses, including violent and enhanceable crimes, and 
  2.9   juveniles committing gross misdemeanors. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 388.24, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
  2.13  INFORMATION SYSTEM (CJIS).] Effective August 1, 1997, every 
  2.14  county attorney who establishes a diversion program under this 
  2.15  section shall report the following information to the bureau of 
  2.16  criminal apprehension: 
  2.17     (1) the name and date of birth of each diversion program 
  2.18  participant and any other identifying information the 
  2.19  superintendent considers necessary; 
  2.20     (2) the date on which the individual began to participate 
  2.21  in the diversion program; 
  2.22     (3) the date on which the individual is expected to 
  2.23  complete the diversion program; 
  2.24     (4) the date on which the individual successfully completed 
  2.25  the diversion program, where applicable; and 
  2.26     (5) the date on which the individual was removed from the 
  2.27  diversion program for failure to successfully complete the 
  2.28  individual's goals, where applicable. 
  2.29     The superintendent shall cause the information described in 
  2.30  this subdivision to be entered into and maintained in the 
  2.31  criminal history file of the Minnesota criminal justice 
  2.32  information system. 
  2.33     Sec. 3.  Minnesota Statutes 1994, section 401.065, 
  2.34  subdivision 3a, is amended to read: 
  2.35     Subd. 3a.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
  2.36  INFORMATION SYSTEM (CJIS).] (a) Every county attorney who 
  3.1   establishes a diversion program under this section shall report 
  3.2   the following information to the bureau of criminal apprehension:
  3.3      (1) the name and date of birth of each diversion program 
  3.4   participant and any other identifying information the 
  3.5   superintendent considers necessary; 
  3.6      (2) the date on which the individual began to participate 
  3.7   in the diversion program; 
  3.8      (3) the date on which the individual is expected to 
  3.9   complete the diversion program; 
  3.10     (4) the date on which the individual successfully completed 
  3.11  the diversion program, where applicable; and 
  3.12     (5) the date on which the individual was removed from the 
  3.13  diversion program for failure to successfully complete the 
  3.14  individual's goals, where applicable. 
  3.15     The superintendent shall cause the information described in 
  3.16  this subdivision to be entered into and maintained in the 
  3.17  criminal history file of the Minnesota criminal justice 
  3.18  information system. 
  3.19     (b) Effective August 1, 1997, the reporting requirements of 
  3.20  this subdivision shall apply to misdemeanor offenses. 
  3.21     Sec. 4.  [CRIMINAL AND JUVENILE INFORMATION POLICY GROUP 
  3.22  REPORT.] 
  3.23     By January 1, 1996, the criminal and juvenile information 
  3.24  policy group shall report to the chairs of the senate crime 
  3.25  prevention committee and house judiciary committee on the 
  3.26  specific misdemeanor offenses to be subject to identification 
  3.27  reporting requirements of Minnesota Statutes, section 299C.10, 
  3.28  subdivision 1, and on processes for expungement, correction of 
  3.29  inaccurate records, destruction of records, and other matters 
  3.30  relating to the privacy interests of individuals as they relate 
  3.31  to the development of the juvenile criminal history system, the 
  3.32  statewide misdemeanor system, and the tracking system for 
  3.33  domestic abuse orders for protection. 
  3.34     Sec. 5.  [APPROPRIATIONS.] 
  3.35     Subdivision 1.  [APPROPRIATIONS; SUPREME COURT.] (a) The 
  3.36  sums indicated in this subdivision are appropriated from the 
  4.1   general fund to the supreme court for the fiscal years indicated.
  4.2      (b) For the statewide juvenile criminal history system, 
  4.3   including extended juvenile justice data, the statewide 
  4.4   misdemeanor system and the tracking system for domestic abuse 
  4.5   orders for protection. 
  4.6                  1996                 1997
  4.7                $.......             $.......
  4.8      (c) For 1.5 FTE position to administer the statewide 
  4.9   criminal and juvenile justice community data model. 
  4.10                 1996                 1997
  4.11               $.......             $.......
  4.12     Subd. 2.  [APPROPRIATIONS; DEPARTMENT OF PUBLIC SAFETY.] (a)
  4.13  The sums indicated in this subdivision, paragraphs (b) and (c), 
  4.14  are appropriated from the general fund to the commissioner of 
  4.15  public safety for the fiscal years indicated.  The sums 
  4.16  indicated in this subdivision, paragraph (d), are appropriated 
  4.17  from the general fund to the bureau of criminal apprehension for 
  4.18  the fiscal years indicated. 
  4.19     (b) To implement the statewide juvenile criminal history 
  4.20  system, including extended jurisdiction juvenile data, the 
  4.21  statewide misdemeanor system, and the tracking system for 
  4.22  domestic abuse orders for protection. 
  4.23                 1996                  1997
  4.24               $.......              $.......
  4.25     (c) As a 25 percent state matching grant to federal drug 
  4.26  grant set aside funds. 
  4.27                 1996                  1997
  4.28               $.......              $.......
  4.29     (d) To implement the electronic livescan/cardscan 
  4.30  fingerprint technology. 
  4.31                 1996                  1997
  4.32               $.......              $.......