SF 1837

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; authorizing an innocent party's name associated with a
criminal history to be redacted under certain circumstances; amending Minnesota
Statutes 2006, section 13.87, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.

(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. new text begin When an innocent party's
name is associated with a criminal history, and a determination has been made through a
fingerprint verification that the innocent party is not the subject of the criminal history, the
name may be redacted from the public criminal history data. The name shall be retained in
the criminal history and classified as private data.
new text end

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.