SF 2558

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

  1.1                          A bill for an act
  1.2             relating to data practices; law enforcement data; 
  1.3             modifying the classification of data; amending 
  1.4             Minnesota Statutes 1994, section 13.82, subdivisions 3 
  1.5             and 4; Minnesota Statutes 1995 Supplement, section 
  1.6             13.82, subdivision 5. 
  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 3, is amended to read: 
  1.10     Subd. 3.  [REQUEST FOR SERVICE DATA.] (a) The following 
  1.11  data created or collected by law enforcement agencies which 
  1.12  documents requests by the public for law enforcement services 
  1.13  shall be public government data:  
  1.14     (a) (1) the nature of the request or the activity 
  1.15  complained of; 
  1.16     (b) The name and address of the individual making the 
  1.17  request unless the identity of the individual qualifies for 
  1.18  protection under subdivision 10; 
  1.19     (c) (2) the time and date of the request or complaint; and 
  1.20     (d) (3) the response initiated and the response or incident 
  1.21  report number. 
  1.22     (b) The name and address of the individual making the 
  1.23  request are confidential data under subdivision 5 while an 
  1.24  investigation is active, and private data if there is no 
  1.25  investigation or when an investigation becomes inactive.  
  1.26     Sec. 2.  Minnesota Statutes 1994, section 13.82, 
  2.1   subdivision 4, is amended to read: 
  2.2      Subd. 4.  [RESPONSE OR INCIDENT DATA.] (a) The following 
  2.3   data created or collected by law enforcement agencies which 
  2.4   documents the agency's response to a request for service 
  2.5   including, but not limited to, responses to traffic accidents, 
  2.6   or which describes actions taken by the agency on its own 
  2.7   initiative shall be public government data:  
  2.8      (a) (1) date, time and place of the action; 
  2.9      (b) (2) agencies, units of agencies and individual agency 
  2.10  personnel participating in the action unless the identities of 
  2.11  agency personnel qualify for protection under subdivision 10; 
  2.12     (c) (3) any resistance encountered by the agency; 
  2.13     (d) (4) any pursuit engaged in by the agency; 
  2.14     (e) (5) whether any weapons were used by the agency or 
  2.15  other individuals; 
  2.16     (f) (6) a brief factual reconstruction of events associated 
  2.17  with the action; 
  2.18     (g) (7) names and addresses of witnesses to the agency 
  2.19  action or the incident unless the identity of any witness 
  2.20  qualifies for protection under subdivision 10; 
  2.21     (h)  names and addresses of any victims or casualties 
  2.22  unless the identities of those individuals qualify for 
  2.23  protection under subdivision 10; 
  2.24     (i) (8) the name and location of the health care facility 
  2.25  to which victims or casualties were taken; 
  2.26     (j) (9) response or incident report number; 
  2.27     (k) (10) dates of birth of the parties involved in a 
  2.28  traffic accident; 
  2.29     (l) (11) whether the parties involved were wearing seat 
  2.30  belts; and 
  2.31     (m) (12) the alcohol concentration of each driver. 
  2.32     (b) The name and address of an alleged perpetrator, a 
  2.33  victim, or casualty, are private data except as follows: 
  2.34     (1) the name and address are confidential data during an 
  2.35  active investigation; and 
  2.36     (2) the name and address of an alleged perpetrator are 
  3.1   public data if the individual is arrested. 
  3.2      Sec. 3.  Minnesota Statutes 1995 Supplement, section 13.82, 
  3.3   subdivision 5, is amended to read: 
  3.4      Subd. 5.  [CRIMINAL INVESTIGATIVE DATA.] Except for the 
  3.5   data defined in subdivisions 2, 3, and 4, investigative data 
  3.6   collected or created by a law enforcement agency in order to 
  3.7   prepare a case against a person, whether known or unknown, for 
  3.8   the commission of a crime or other offense for which the agency 
  3.9   has primary investigative responsibility is confidential or 
  3.10  protected nonpublic while the investigation is active.  Inactive 
  3.11  investigative data is public unless the release of the data 
  3.12  would jeopardize another ongoing investigation or would reveal 
  3.13  the identity of individuals protected under subdivision 3, 4, or 
  3.14  10.  Photographs which are part of inactive investigative files 
  3.15  and which are clearly offensive to common sensibilities are 
  3.16  classified as private or nonpublic data, provided that the 
  3.17  existence of the photographs shall be disclosed to any person 
  3.18  requesting access to the inactive investigative file.  An 
  3.19  investigation becomes inactive upon the occurrence of any of the 
  3.20  following events:  
  3.21     (a) a decision by the agency or appropriate prosecutorial 
  3.22  authority not to pursue the case; 
  3.23     (b) expiration of the time to bring a charge or file a 
  3.24  complaint under the applicable statute of limitations, or 30 
  3.25  years after the commission of the offense, whichever comes 
  3.26  earliest; or 
  3.27     (c) exhaustion of or expiration of all rights of appeal by 
  3.28  a person convicted on the basis of the investigative data.  
  3.29     Any investigative data presented as evidence in court shall 
  3.30  be public.  Data determined to be inactive under clause (a) may 
  3.31  become active if the agency or appropriate prosecutorial 
  3.32  authority decides to renew the investigation.  
  3.33     During the time when an investigation is active, any person 
  3.34  may bring an action in the district court located in the county 
  3.35  where the data is being maintained to authorize disclosure of 
  3.36  investigative data.  The court may order that all or part of the 
  4.1   data relating to a particular investigation be released to the 
  4.2   public or to the person bringing the action.  In making the 
  4.3   determination as to whether investigative data shall be 
  4.4   disclosed, the court shall consider whether the benefit to the 
  4.5   person bringing the action or to the public outweighs any harm 
  4.6   to the public, to the agency or to any person identified in the 
  4.7   data.  The data in dispute shall be examined by the court in 
  4.8   camera.