SF 1002

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/11/2013 03:30pm

A bill for an act
relating to judiciary; authorizing a public defender the same access to information
about witnesses that public defenders have for information about a defendant;
amending Minnesota Statutes 2012, sections 241.065, subdivision 4; 611.272.

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

Section 1.

Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:

Subd. 4.

Procedures.

new text begin (a) new text end The Department of Corrections shall adopt procedures
to provide for the orderly collection, entry, retrieval, and deletion of data contained in
the statewide supervision system.

new text begin (b) The Department of Corrections shall establish and implement audit requirements
to ensure that authorized users comply with applicable data practices laws governing
access to and use of the data.
new text end

Sec. 2.

Minnesota Statutes 2012, section 611.272, is amended to read:

611.272 ACCESS TO GOVERNMENT DATA.

The district public defender, the state public defender, or an attorney working for
a public defense corporation under section 611.216 has access to the criminal justice
data communications network described in section 299C.46, as provided in this section.
Access to data under this section is limited to data necessary to prepare criminal cases in
which the public defender has been appointed as follows:

(1) access to data about witnesses in a criminal case shall be limited to records of
criminal convictions new text begin , custody status, custody history, aliases and known monikers, race,
probation status, identity of probation officer, and booking photos new text end ; and

(2) access to data regarding the public defender's own client which includes, but
is not limited to, criminal history data under section 13.87; juvenile offender data under
section 299C.095; warrant information data under section 299C.115; incarceration data
under section 299C.14; conditional release data under section 241.065; and diversion
program data under section 299C.46, subdivision 5.

The public defender has access to data under this section, whether accessed via the
integrated search service as defined in section 13.873 or other methods. The public
defender does not have access to law enforcement active investigative data under section
13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential
arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
by a prosecuting attorney. The public defender has access to the data at no charge, except
for the monthly network access charge under section 299C.46, subdivision 3, paragraph
(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
contrary, there shall be no charge to public defenders for Internet access to the criminal
justice data communications network.