SF 1187

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

  1.1                          A bill for an act
  1.2             relating to government data practices; law enforcement 
  1.3             data; modifying the test for public access to the 
  1.4             identities of certain crime victims and witnesses; 
  1.5             amending Minnesota Statutes 1994, section 13.82, 
  1.6             subdivision 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 13.82, 
  1.9   subdivision 10, is amended to read: 
  1.10     Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
  1.11  agency or a law enforcement dispatching agency working under 
  1.12  direction of a law enforcement agency may withhold public access 
  1.13  to data on individuals to protect the identity of individuals in 
  1.14  the following circumstances: 
  1.15     (a) when access to the data would reveal the identity of an 
  1.16  undercover law enforcement officer; 
  1.17     (b) when access to the data would reveal the identity of a 
  1.18  victim of criminal sexual conduct or of a violation of section 
  1.19  617.246, subdivision 2; 
  1.20     (c) when access to the data would reveal the identity of a 
  1.21  paid or unpaid informant being used by the agency if the agency 
  1.22  reasonably determines that revealing the identity of the 
  1.23  informant would threaten the personal safety of the informant; 
  1.24     (d) when access to the data would reveal the identity of a 
  1.25  victim of or witness to a crime if the a victim of or witness to 
  1.26  a crime specifically requests not to be identified publicly, and 
  2.1   unless the agency reasonably determines that revealing the 
  2.2   identity of the victim or witness would not threaten the 
  2.3   personal safety or property of the individual; 
  2.4      (e) when access to the data would reveal the identity of a 
  2.5   deceased person whose body was unlawfully removed from a 
  2.6   cemetery in which it was interred; 
  2.7      (f) when access to the data would reveal the identity of a 
  2.8   person who placed a call to a 911 system or the identity or 
  2.9   telephone number of a service subscriber whose phone is used to 
  2.10  place a call to the 911 system and:  (1) the agency determines 
  2.11  that revealing the identity may threaten the personal safety or 
  2.12  property of any person; or (2) the object of the call is to 
  2.13  receive help in a mental health emergency.  For the purposes of 
  2.14  this paragraph, a voice recording of a call placed to the 911 
  2.15  system is deemed to reveal the identity of the caller; or 
  2.16     (g) when access to the data would reveal the identity of a 
  2.17  juvenile witness and the agency reasonably determines that the 
  2.18  subject matter of the investigation justifies protecting the 
  2.19  identity of the witness.  
  2.20     Data concerning individuals whose identities are protected 
  2.21  by this subdivision are private data about those individuals.  
  2.22  Law enforcement agencies shall establish procedures to acquire 
  2.23  the data and make the decisions necessary to protect the 
  2.24  identity of individuals described in clauses (d) and (g).  Law 
  2.25  enforcement agencies shall notify victims and witnesses of the 
  2.26  right under paragraph (d) to request that their identities not 
  2.27  be disclosed.