SF 2103

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

  1.1                          A bill for an act
  1.2             relating to arson; creating a computerized arson 
  1.3             investigative database; providing a criminal penalty 
  1.4             for setting a fire in a residential or public 
  1.5             building; appropriating money; amending Minnesota 
  1.6             Statutes 1996, sections 13.99, by adding a 
  1.7             subdivision; and 299F.04, by adding a subdivision; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 609; repealing Minnesota Statutes 1996, 
  1.10            section 609.563, subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 13.99, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 90c.  [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 
  1.15  arson investigative data system are classified in section 
  1.16  299F.04, subdivision 3a.  
  1.17     Sec. 2.  Minnesota Statutes 1996, section 299F.04, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 3a.  [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 
  1.20  in this section, "criminal justice agency" means state and local 
  1.21  prosecution authorities, state and local law enforcement 
  1.22  agencies, local fire departments, and the office of state fire 
  1.23  marshal. 
  1.24     (b) The state fire marshal shall administer and maintain a 
  1.25  computerized arson investigative data system for the purpose of 
  1.26  assisting criminal justice agencies in the investigation and 
  1.27  prosecution of suspected arson violations.  This data system is 
  1.28  separate from the reporting system maintained by the department 
  2.1   of public safety under section 299F.05, subdivision 2.  The 
  2.2   system consists of data on individuals who are 14 years old or 
  2.3   older who law enforcement agencies determine are or may be 
  2.4   engaged in arson activity.  Notwithstanding section 260.161, 
  2.5   subdivision 3, data in the system on adults and juveniles may be 
  2.6   maintained together.  Data in the system must be submitted and 
  2.7   maintained as provided in this subdivision. 
  2.8      (c) Subject to the provisions of paragraph (d), a criminal 
  2.9   justice agency may submit the following data on suspected arson 
  2.10  violations to the arson investigative data system: 
  2.11     (1) the suspect's name, known aliases, if any, and other 
  2.12  identifying characteristics; 
  2.13     (2) the modus operandi used to commit the violation, 
  2.14  including means of ignition; 
  2.15     (3) any known motive for the violation; 
  2.16     (4) any other crimes committed as part of the same 
  2.17  behavioral incident; 
  2.18     (5) the address of the building, the building owner's 
  2.19  identity, and the building occupant's identity; 
  2.20     (6) the name of the reporting agency and a contact person; 
  2.21  and 
  2.22     (7) any other information the reporting agency or the state 
  2.23  fire marshal deems useful to the successful investigation and 
  2.24  prosecution of suspected arson violations. 
  2.25  A criminal justice agency that reports data to the arson 
  2.26  investigative data system shall maintain records documenting the 
  2.27  data in its own records system for at least the time period 
  2.28  specified in paragraph (e). 
  2.29     (d) The state fire marshal shall maintain in the arson 
  2.30  investigative data system any of the data reported under 
  2.31  paragraph (c) that the fire marshal believes will assist in the 
  2.32  investigation and prosecution of arson cases.  In lieu of or in 
  2.33  connection with any of these data, the state fire marshal may 
  2.34  include in the data system a reference to the criminal justice 
  2.35  agency that originally reported the data, with a notation to 
  2.36  system users that the agency is the repository of more detailed 
  3.1   information on the particular suspected arson violation. 
  3.2      (e) Notwithstanding section 138.17, the state fire marshal 
  3.3   shall destroy data on juveniles entered into the system when 
  3.4   three years have elapsed since the data were entered into the 
  3.5   system, except as otherwise provided in this paragraph.  If the 
  3.6   fire marshal has information that, since entry of data into the 
  3.7   system, the juvenile has been convicted as an adult or has been 
  3.8   adjudicated or has a stayed adjudication as a juvenile for an 
  3.9   offense that would be a crime if committed by an adult, the data 
  3.10  must be maintained until three years have elapsed since the last 
  3.11  record of a conviction, adjudication, or stayed adjudication of 
  3.12  the individual.  Upon request of the criminal justice agency 
  3.13  that submitted data to the system, the state fire marshal shall 
  3.14  destroy the data regardless of whether three years have elapsed 
  3.15  since the data were entered into the system. 
  3.16     (f) Data in the arson investigative data system are 
  3.17  confidential data on individuals as defined in section 13.02, 
  3.18  subdivision 3, but are accessible to criminal justice agencies. 
  3.19     Sec. 3.  [609.5631] [ARSON IN THE FOURTH DEGREE.] 
  3.20     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  3.21  section, the following terms have the meanings given them. 
  3.22     (b) "Multiple unit residential building" means a building 
  3.23  containing two or more apartments. 
  3.24     (c) "Public building" means a building such as a hotel, 
  3.25  hospital, motel, dormitory, sanitarium, nursing home, theater, 
  3.26  stadium, gymnasium, amusement park building, school or other 
  3.27  building used for educational purposes, museum, restaurant, bar, 
  3.28  correctional institution, place of worship, or other building of 
  3.29  public assembly. 
  3.30     Subd. 2.  [ARSON IN THE FOURTH DEGREE.] Whoever 
  3.31  intentionally by means of fire or explosives sets fire to or 
  3.32  burns or causes to be burned any real or personal property in a 
  3.33  multiple unit residential building or public building may be 
  3.34  sentenced to imprisonment for not more than one year or to 
  3.35  payment of a fine of not more than $3,000. 
  3.36     Sec. 4.  [609.5632] [ARSON IN THE FIFTH DEGREE.] 
  4.1      Whoever intentionally by means of fire or explosives sets 
  4.2   fire to or burns or causes to be burned any real or personal 
  4.3   property of value may be sentenced to imprisonment for not more 
  4.4   than 90 days or to payment of a fine of not more than $700. 
  4.5      Sec. 5.  [STUDY.] 
  4.6      The commissioner of public safety shall study the issue of 
  4.7   licensing private fire investigators and report findings to the 
  4.8   chairs of the senate crime prevention and house judiciary 
  4.9   committees by January 1, 1999. 
  4.10     Sec. 6.  [APPROPRIATION.] 
  4.11     $....... is appropriated from the general fund to the state 
  4.12  fire marshal for the fiscal year ending June 30, 1999, to 
  4.13  establish, administer, and maintain the arson investigative data 
  4.14  system created in section 2. 
  4.15     Sec. 7.  [REPEALER.] 
  4.16     Minnesota Statutes 1996, section 609.563, subdivision 2, is 
  4.17  repealed.  
  4.18     Sec. 8.  [EFFECTIVE DATE.] 
  4.19     Sections 3, 4, and 7 are effective August 1, 1998, and 
  4.20  apply to crimes committed on or after that date.