as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:35pm
A bill for an act
relating to public safety; requiring retention of gang affiliation data; amending
Minnesota Statutes 2008, section 299C.091, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 299C.091, subdivision 5, is amended to
read:
Notwithstanding section 138.17, the
bureau shall destroy data entered into the system when three years have elapsed since the
data were entered into the system, except as otherwise provided in this subdivision. If
the bureau has information that the individual has deleted text begin been convicted as an adult, or has
been adjudicated or has a stayed adjudication as a juvenile for an offense that would
be a crime if committed by an adult,deleted text end new text begin met one or more of the criteria under section
299A.641, subdivision 3, clause (7),new text end since entry of the data into the system, the data
must be maintained until three years have elapsed since the last record of deleted text begin a conviction
or adjudication or stayed adjudication ofdeleted text end the individualnew text begin having met one or more of the
criterianew text end . Upon request of the law enforcement agency that submitted data to the system,
the bureau shall destroy the data regardless of whether three years have elapsed since the
data were entered into the system.