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SF 235

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2013 08:40am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring timely transmittal of law enforcement, court,
and civil commitment data to certain state and federal searchable databases;
amending Minnesota Statutes 2012, sections 241.301; 253B.24; 299C.10,
subdivisions 1, 3; 299C.11, subdivision 1; 299C.14; 299C.17; 624.713,
subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 241.301, is amended to read:


241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
FROM OTHER STATES.

The commissioner of corrections shall establish procedures so that whenever this
state receives an inmate, parolee, or probationer from another state under sections 241.28
to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
are obtained and forwarded deleted text beginto the Bureau of Criminal Apprehension.deleted text endnew text begin by electronic entry
into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
format for entry into the searchable database within three business days of receipt if the
data is not entered by the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2012, section 253B.24, is amended to read:


253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;

(2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d
, or 624.713, subdivision 4,

the court shall ensure that this information is new text beginelectronically new text endtransmitted deleted text beginas soon as
practicable
deleted text endnew text begin within three business daysnew text end to the National Instant Criminal Background
Check System.

Sec. 3.

Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:


Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for any offense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be linked to an arrest record,
and whose fingerprints are necessary to reduce the number of suspense files, or to comply
with the mandates of section 299C.111, relating to the reduction of the number of suspense
files. This duty to obtain fingerprints for the offenses in suspense at the request of the
bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
while making court appearances, while in custody, or while on any form of probation,
diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24
hours new text beginof taking the fingerprints and data, new text endthe fingerprint records and other identification
data specified under paragraph (a) must be deleted text beginforwarded to the bureau on such forms and in
such
deleted text end new text beginelectronically entered into a bureau-managed searchable database in a new text endmanner as
may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the
taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
this time period may be extended upon a showing that additional time in custody is
essential for the successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
or 629.75 (domestic abuse no contact order).

Sec. 4.

Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:


Subd. 3.

Bureau duty.

The bureau must deleted text beginenterdeleted text endnew text begin convert into an electronic format for
entry
new text end in the criminal records system deleted text beginfinger and thumb printsdeleted text endnew text begin fingerprints, thumbprints,
and other identification data
new text end within deleted text beginfive working daysdeleted text endnew text begin three business daysnew text end after they are
received under this sectionnew text begin if the fingerprints, thumbprints, and other identification data
were not electronically entered by a criminal justice agency
new text end.

Sec. 5.

Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:


Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau deleted text beginmay adddeleted text end new text begin shall
convert into an electronic format, if necessary, and enter into a bureau-managed searchable
database
new text endthe new identifying information deleted text beginto the criminal historydeleted text end when supported by
fingerprintsnew text begin within three business days of learning the information if the information is
not entered by a law enforcement agency
new text end.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 6.

Minnesota Statutes 2012, section 299C.14, is amended to read:


299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the penal institutions of the state
or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive physical mark identification
data, other identification data, modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal institutions, together with the period
of their service and the time, terms, and conditions of their discharge. This duty to furnish
information includes, but is not limited to, requests for fingerprints as the superintendent of
the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
history files, to reduce the number of suspense files, or to comply with the mandates
of section 299C.111 relating to the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an arrest record.new text begin The officials shall
electronically enter the information in a bureau-managed searchable database within 24
hours of a prisoner's date of release or discharge. The bureau shall convert the information
into an electronic format and enter it into the searchable database within three business
days of the date of receipt, if the information is not entered by the officials.
new text end

Sec. 7.

Minnesota Statutes 2012, section 299C.17, is amended to read:


299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall deleted text beginhave power todeleted text end require the court administrator deleted text beginof any
county
deleted text endnew text begin of every court which sentences a defendant for a felony, gross misdemeanor, or
targeted misdemeanor
new text end to deleted text beginfile with the department, at such time as the superintendent may
designate,
deleted text end new text beginelectronically transmit within 24 hours of the disposition of the case new text enda report,
deleted text beginupon suchdeleted text endnew text begin in anew text end form deleted text beginasdeleted text endnew text begin prescribed bynew text end the superintendent deleted text beginmay prescribe, furnishing such
deleted text endnew text begin providingnew text end information deleted text beginas thedeleted text endnew text begin required by thenew text end superintendent deleted text beginmay requiredeleted text end with regard to
the prosecution and disposition of criminal cases. A copy of the report shall be kept on
file in the office of the court administrator.

Sec. 8.

Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:


Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing, a crime of violence as
defined in section 624.712, subdivision 5, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol or semiautomatic military-style assault
weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
this prohibition. The failure of the court to provide this information to a defendant does
not affect the applicability of the pistol or semiautomatic military-style assault weapon
possession prohibition or the felony penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a
crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
pistol or semiautomatic military-style assault weapon possession prohibition or the gross
misdemeanor penalty to that defendant.

new text begin (c) A court shall notify a person subject to subdivision 1, clause (3), of the
prohibitions described in that clause and those described in United States Code, title 18,
sections 922(d)(4) and 922(g)(4).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 9.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Provision of firearms background check information. new text end

new text begin (a) When a
court places a person, including a person under the jurisdiction of the juvenile court, who
is charged with committing a crime of violence into a pretrial diversion program before
disposition, the court must ensure that information regarding the person's placement in
that program and the ordered expiration date of that placement is transmitted as soon as
practicable to the National Instant Criminal Background Check System. When a person
successfully completes or discontinues the program, the prosecuting attorney must also
report that fact within 24 hours of receipt to the National Instant Criminal Background
Check System.
new text end

new text begin (b) The court must report the conviction and duration of the firearms disqualification
imposed as soon as practicable to the National Instant Criminal Background Check
System when a person is convicted of a gross misdemeanor that disqualifies the person
from possessing firearms under the following sections:
new text end

new text begin (1) 518B.01, subdivision 14;
new text end

new text begin (2) 609.224, subdivision 3;
new text end

new text begin (3) 609.2242, subdivision 3;
new text end

new text begin (4) 609.749, subdivision 8;
new text end

new text begin (5) 624.713, subdivision 1, clause (11); or
new text end

new text begin (6) 629.715, subdivision 2.
new text end

new text begin (c) If the court reports a firearms disqualification based on a charge of violating an
offense listed in paragraph (b), the court must provide notice of the disposition of the charge
to the National Instant Criminal Background Check System within three business days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 10. new text beginPRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
new text end

new text begin (a) By July 1, 2014, a court shall electronically enter into the National Instant
Criminal Background Check System information on all persons civilly committed during
the period from January 1, 1994, to September 28, 2010, that has not already been
entered in the system. The information provided under this paragraph must include civil
commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
section 624.713, subdivision 4.
new text end

new text begin (b) By September 1, 2013, courts and law enforcement agencies shall electronically
enter into a Bureau of Criminal Apprehension-managed database information on all
persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that has
not already been entered into a searchable database. The bureau shall convert into an
electronic format and enter into the searchable database, within three business days of
receipt of the data, all data received from a court or law enforcement agency that is not
entered by the court or agency into a bureau-managed searchable database.
new text end

new text begin (c) The governor or commissioner of public safety may extend the time for entering
information of prior civil commitments and felony convictions under paragraphs (a) and
(b) for a period not to exceed 60 days for good cause shown.
new text end

Sec. 11. new text beginCRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
GROUP.
new text end

new text begin The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
and ranking minority members of the house of representatives and senate committees
having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
search capabilities of the Bureau of Criminal Apprehension-managed databases and
recommend how the search capabilities of the databases may be improved with, among
other proposals, an increase in the number of identification data for each person included
in the databases. The group shall also report on the progress made on reducing the number
of bureau suspense files and recommendations to facilitate the reduction of these files. The
group, in consultation with the revisor of statutes, shall review existing law relating to the
timely transmittal and entry of data and propose legislation for the 2014 legislative session
that clarifies, conforms, implements, and resolves any conflicts with this act.
new text end