SF 2725

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 01:35pm

A bill for an act
relating to public safety; establishing a certification process for multijurisdictional
gang and drug task forces; prohibiting law enforcement agencies from
maintaining criminal gang investigative data systems; classifying data
received from law enforcement agencies in other states; delineating uses of
data in the comprehensive incident-based reporting system; restricting the
acquisition of cell phone tracking devices; amending the forfeiture reporting
requirements; amending Minnesota Statutes 2008, sections 13.82, by adding
a subdivision; 299A.641; 299C.40, subdivision 2; 609.531, subdivision 1;
609.5315, subdivision 6; 624.714, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 13; 626A; repealing Minnesota Statutes 2008,
sections 13.6905, subdivision 14; 299C.091.

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

Section 1.

Minnesota Statutes 2008, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 30. new text end

new text begin Gang investigative data systems. new text end

new text begin A law enforcement agency must
not administer or maintain a computerized criminal gang investigative data system that
consists of data on individuals who are or may be engaged in criminal gang activity.
This subdivision does not prohibit the collection or maintenance of data relating to gang
membership on an individual record basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 2.

new text begin [13.823] LAW ENFORCEMENT DATA FROM OTHER STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "investigative data" means data collected or created by a law enforcement
agency in order to prepare a case against a person, whether known or unknown, for the
commission of a crime or an act of delinquency; and
new text end

new text begin (2) "law enforcement agency" means a government agency with a law enforcement
function, as described in section 13.82, subdivision 1, or an equivalent agency in another
state.
new text end

new text begin Subd. 2. new text end

new text begin Classification of data from other states. new text end

new text begin (a) Except as provided in
paragraph (b) or (c), when a law enforcement agency in Minnesota receives investigative
data from a law enforcement agency in another state, the data are classified in Minnesota
in a manner that is the equivalent to the data classification or treatment of the data in the
other state that applies at the time a request for access to the data in Minnesota is made.
new text end

new text begin (b) When investigative data classified under paragraph (a) become part of an active
criminal investigation in Minnesota involving an adult, the data are classified as provided
in section 13.82.
new text end

new text begin (c) When investigative data classified under paragraph (a) become part of an active
juvenile delinquency investigation in Minnesota involving a child, the data are governed
by section 260B.171, subdivision 4 or 5.
new text end

new text begin Subd. 3. new text end

new text begin Sharing authorized. new text end

new text begin If a Minnesota law enforcement agency receives
investigative data that are classified as not public under subdivision 2, paragraph (a), the
data may be shared with other law enforcement agencies if the data are pertinent and
necessary to the receiving agency in initiating, furthering, or completing an investigation.
new text end

new text begin Subd. 4. new text end

new text begin Transaction record. new text end

new text begin A Minnesota law enforcement agency that receives
or disseminates data that are classified as not public under subdivision 2, paragraph (a),
shall maintain a record of each receipt or dissemination of the data.
new text end

Sec. 3.

Minnesota Statutes 2008, section 299A.641, is amended to read:

299A.641 deleted text begin GANG AND DRUG deleted text end new text begin VIOLENT CRIME new text end OVERSIGHT COUNCIL.

Subdivision 1.

Oversight council established.

The deleted text begin Gang and Drug deleted text end new text begin Violent Crime new text end
Oversight Council is established to provide guidance related to the investigation and
prosecution of gang and drug crime. new text begin For the purposes of this section, "gang and drug
crime" includes violent crimes associated with gang activity.
new text end

Subd. 2.

Membership.

The oversight council shall consist of the following
individuals or their designees:

(1) the director of the office of special investigations as the representative of the
commissioner of corrections;

(2) the superintendent of the Bureau of Criminal Apprehension as the representative
of the commissioner of public safety;

(3) the attorney general;

(4) deleted text begin eight deleted text end new text begin two new text end chiefs of police, selected by the Minnesota Chiefs of Police
Association, deleted text begin two of which deleted text end new text begin including one who new text end must deleted text begin be selected from cities with populations
greater than 200,000 deleted text end new text begin work in the seven-county metropolitan area and one who must work
in greater Minnesota new text end ;

(5) deleted text begin eight deleted text end new text begin two new text end sheriffs, selected by the Minnesota Sheriffs Association deleted text begin to represent
each district, two of which must be selected from counties with populations greater than
500,000 deleted text end new text begin , including one who must work in the seven-county metropolitan area and one
who must work in greater Minnesota new text end ;

new text begin (6) the Hennepin County and Ramsey County sheriffs;
new text end

new text begin (7) the chiefs of police of Minneapolis and St. Paul;
new text end

deleted text begin (6) deleted text end new text begin (8) new text end the United States attorney for the district of Minnesota;

deleted text begin (7) deleted text end new text begin (9) new text end two county attorneys, selected by the Minnesota County Attorneys
Association new text begin , including one who must work in the seven-county metropolitan area and
one who must work in greater Minnesota new text end ;

deleted text begin (8) a command-level representative of a gang strike force;
deleted text end

deleted text begin (9) deleted text end new text begin (10) new text end deleted text begin a representative from a drug task force, selected by the Minnesota
State Association of Narcotics Investigators deleted text end new text begin four citizen members appointed by the
commissioner of public safety in consultation with representatives from the councils
created in sections 3.922, 3.9223, 3.9225, and 3.9226 new text end ; new text begin and
new text end

deleted text begin (10) a representative from the United States Drug Enforcement Administration;
deleted text end

deleted text begin (11) a representative from the United States Bureau of Alcohol, Tobacco, Firearms
and Explosives;
deleted text end

deleted text begin (12) a representative from the Federal Bureau of Investigation;
deleted text end

deleted text begin (13) deleted text end new text begin (11) new text end a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
Association deleted text begin ;
deleted text end

deleted text begin (14) two additional members who may be selected by the oversight council;
deleted text end

deleted text begin (15) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
deleted text end

deleted text begin (16) a representative who serves on the committee having jurisdiction over criminal
deleted text end deleted text begin justice policy, chosen by the speaker of the house deleted text end .

The oversight council deleted text begin may deleted text end new text begin shall new text end adopt procedures to govern its conduct as necessary
and deleted text begin may deleted text end new text begin shall new text end select a chair from among its members. deleted text begin The legislative members of the
council may not vote on matters before the council. deleted text end new text begin The chair shall serve a two-year term
and the appointment of the chair shall alternate between a person who works in greater
Minnesota and a person who works in the seven-county metropolitan area.
new text end

Subd. 3.

Oversight council's duties.

The oversight council shall develop an overall
strategy to ameliorate the harm caused to the public by gang and drug crime within
the state of Minnesota. deleted text begin This strategy may include the development of deleted text end deleted text begin protocols and
procedures to investigate gang and drug crime and a structure for best addressing these
issues in a multijurisdictional manner. deleted text end Additionally, the oversight council shall:

new text begin (1) subject to approval by the commissioner of public safety, develop an operating
procedures and policies manual to investigate gang and drug crime in a multijurisdictional
manner;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end identify and recommend a candidate or candidates for statewide coordinator
to the commissioner of public safety;

deleted text begin (2) deleted text end new text begin (3) new text end establish multijurisdictional task forces deleted text begin and strike forces deleted text end to combat gang
and drug crime deleted text begin , to include a metro gang strike force and a gang strike force located in
the St. Cloud metropolitan area deleted text end ;

deleted text begin (3) deleted text end new text begin (4) new text end assist the Department of Public Safety in developing new text begin grant eligibility criteria
and operating new text end an objective new text begin and conflict-free new text end grant review application process deleted text begin that is free
from conflicts of interest deleted text end ;

deleted text begin (4) make funding recommendations to the commissioner of public safety on grants
to support efforts to combat gang and drug crime;
deleted text end

new text begin (5) make recommendations to the commissioner of public safety to terminate grant
funding for multijurisdictional entities if an entity no longer operates in accordance with
guidelines established under subdivision 3a, or no longer functions in a manner consistent
with the best interests of the state or public;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end assist in developing a process to collect and share information to improve the
investigation and prosecution of new text begin gang and new text end drug offenses;

deleted text begin (6) deleted text end new text begin (7) new text end develop and approve an operational budget for the deleted text begin office of the statewide
coordinator and the deleted text end oversight council; deleted text begin and
deleted text end

new text begin (8) develop policies that prohibit the improper use of personal characteristics such as
race, color, national origin, gender, or religion to target individuals for law enforcement
action, prosecution, or forfeiture action; and
new text end

deleted text begin (7) deleted text end new text begin (9) subject to approval by the commissioner of public safety, new text end adopt new text begin narrowly
tailored, objective new text end criteria and identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal activity. new text begin The council
shall review and update the criteria and characteristics adopted under this clause every two
years with the objective to ensure effectiveness and relevance to the accurate identification
of subjects actively involved in criminal gang activity. As part of its review process, the
council shall obtain input from members of communities that are impacted by criminal
gang activity. Before adopting any changes under this clause, the council must submit its
recommendations to the commissioner of public safety for approval.
new text end

new text begin Subd. 3a. new text end

new text begin Duties and authority of commissioner. new text end

new text begin (a) By September 1, 2010,
the commissioner of public safety shall establish guidelines for the certification of
multijurisdictional entities that are established pursuant to this section. The guidelines
shall require that all multijurisdictional entities:
new text end

new text begin (1) be subject to the operational command and supervision of one of the participating
agencies;
new text end

new text begin (2) be subject to an operational and financial audit conducted annually by an outside,
independent entity; and
new text end

new text begin (3) have adequate staffing and funding to support law enforcement, prosecutorial, and
financial operations, including bookkeeping, evidence handling, and inventory recording.
new text end

new text begin (b) A multijurisdictional entity may not operate unless it meets the guidelines
established by, and is annually certified by, the commissioner of public safety. If, at any
time, the commissioner revokes an entity's certification, the commissioner may order
any or all of the following:
new text end

new text begin (1) dissolution of the entity, its governing boards, or both;
new text end

new text begin (2) transfer of duties of the entity, its governing boards, or both, to the Department of
Public Safety; and
new text end

new text begin (3) any other actions deemed necessary by the commissioner.
new text end

new text begin Notwithstanding any action taken by the commissioner, any outstanding obligations
or liabilities of the entity remain with the entity and the parties to the agreement and
do not transfer.
new text end

new text begin (c) Except as provided in section 8, a multijurisdictional entity that is operating
on the effective date of this section shall have six months from the date guidelines are
established under paragraph (a) to be certified under this section.
new text end

Subd. 4.

Statewide coordinator.

The deleted text begin current gang strike force commander shall
serve as a transition coordinator until July 1, 2006, at which time the deleted text end commissioner of
public safety shall appoint a statewide coordinator deleted text begin as recommended by the oversight
council deleted text end . The coordinator serving in the unclassified service shall:

(1) coordinate and monitor all multijurisdictional gang and drug enforcement
activities;

(2) facilitate local efforts and ensure statewide coordination with efforts to combat
gang and drug crime;

(3) facilitate training for personnel;

(4) monitor compliance with investigative protocols; and

(5) deleted text begin implement an outcome evaluation and data quality control process deleted text end new text begin review annual
audits conducted under subdivision 3a, take corrective actions based on audit results, and
submit a summary report of the audits and any corrective actions to the commissioner of
public safety new text end .

Subd. 5.

Participating officers; employment status.

All participating law
enforcement officers must be licensed peace officers as defined in section 626.84,
subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453.
Participating officers remain employees of the same entity that employed them before
joining any multijurisdictional entity established under this section. Participating
officers are not employees of the state. new text begin Participating officers shall be subject to annual
performance reviews conducted by the entity's governing board.
new text end

Subd. 6.

Jurisdiction and powers.

Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of arrest as those possessed by
a sheriff.

new text begin Subd. 6a. new text end

new text begin Evidence handling. new text end

new text begin A multijurisdictional entity established pursuant
to this section shall process all seized cash, physical assets, and evidence through the
standard evidence handling procedures established by the participating agencies.
new text end

Subd. 7.

Grants authorized.

The commissioner of public safety deleted text begin , upon
recommendation of the council, deleted text end may make grants to state and local units of government to
combat gang and drug crime. new text begin When awarding grants, the commissioner shall consider
appropriating grants under this section to fund community-based gang intervention and
prevention efforts for youth.
new text end

Subd. 8.

Oversight council is permanent.

Notwithstanding section 15.059, this
section does not expire.

new text begin Subd. 8a. new text end

new text begin Governing board; prosecutor's role. new text end

new text begin (a) A multijurisdictional entity
established under this section shall create a governing board consisting of the chief law
enforcement officer, or designee, from each participating agency, a prosecutor from one of
the participating agencies, and up to three additional members selected by the governing
board. A governing board shall have no less than six members.
new text end

new text begin (b) The prosecutor on the governing board shall have the following responsibilities:
new text end

new text begin (1) to oversee training for officers assigned to a multijurisdictional entity in order to
increase successful prosecutions;
new text end

new text begin (2) to advise on the lawful handling and processing of seized property and evidence
and forfeited property and money; and
new text end

new text begin (3) to ensure that seizures and forfeitures are reported in accordance with section
609.5315, subdivision 6.
new text end

Subd. 9.

Funding.

Participating agencies may accept lawful grants or contributions
from any federal source or legal business or entity.

Subd. 10.

Role of attorney general.

The attorney general or a designee shall
generally advise on any matters that the oversight council deems appropriate.

Subd. 11.

Attorney general; community liaison.

(a) The attorney general or a
designee shall serve as a liaison between the oversight council and the councils created
in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or designee will
be responsible for:

(1) informing the councils of the plans, activities, and decisions and hearing their
reactions to those plans, activities, and decisions; and

(2) providing the oversight council with the deleted text begin councils' deleted text end position new text begin of the councils new text end on the
oversight council's plan, activities, and decisions.

(b) In no event is the oversight council required to disclose the names of individuals
identified by it to the councils referenced in this subdivision.

(c) Nothing in this subdivision changes the data classification of any data held
by the oversight council.

Subd. 12.

Required deleted text begin report deleted text end new text begin reports new text end .

new text begin (a) new text end By deleted text begin March deleted text end new text begin February new text end 1 of each year,
the deleted text begin council deleted text end new text begin commissioner of public safety new text end shall deleted text begin report deleted text end new text begin submit the following reports new text end
to the chairs new text begin and ranking minority members new text end of the senate and house of representatives
committees and divisions having jurisdiction over criminal justice policy and funding deleted text begin on
the activities of the council and any strike or task forces. This annual report shall include deleted text end :

(1) a deleted text begin description of the council's goals for the previous year and for the coming year deleted text end new text begin
report containing summary data of all audits conducted on multijurisdictional entities
under subdivision 3a new text end ;

(2) a deleted text begin description of the outcomes the council achieved or did not achieve during the
preceding year and a description of the outcomes the council will seek to achieve during
the coming year deleted text end new text begin report on the results of audits conducted on criminal gang investigative
data systems under sections 299C.091 and 626.8442 new text end ; deleted text begin and deleted text end

(3) deleted text begin any legislative recommendations the council has including, where necessary, a
description of the specific legislation needed to implement the recommendations deleted text end new text begin a report
on the development of, and updates to, the statewide policy and procedure manual for
criminal gang investigative data systems under section 626.8442, subdivision 4; and
new text end

new text begin (4) a report on the activities and goals of the oversight council new text end .

Sec. 4.

Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:

Subd. 2.

Purpose.

CIBRS is a statewide system containing data from law
enforcement agencies. Data in CIBRS must be made available to law enforcement
agencies deleted text begin in order deleted text end to new text begin :
new text end

new text begin (1) new text end prepare a case against a person, whether known or unknown, for the commission
of a crime or other offense for which the agency has investigative authority deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) serve process in a criminal case;
new text end

new text begin (3) inform law enforcement officers of possible safety issues prior to service of
process;
new text end

new text begin (4) enforce no contact orders;
new text end

new text begin (5) locate missing persons; new text end or

deleted text begin for purposes of deleted text end new text begin (6) conduct new text end background investigations required by section 626.87.

Sec. 5.

Minnesota Statutes 2008, section 609.531, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.

(a) "Conveyance device" means a device used for transportation and includes, but
is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not include property which
is, in fact, itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District park rangers, the Department of Natural
Resources Division of Enforcement, the University of Minnesota Police Department, the
Department of Corrections Fugitive Apprehension Unit, deleted text begin or deleted text end a city, metropolitan transit, or
airport police department new text begin ; or a multijurisdictional entity established pursuant to section
299A.641 or 299A.681 new text end .

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;

(2) for driver's license or identification card transactions: any violation of section
171.22; and

(3) for all other purposes: a felony violation of, or a felony-level attempt or
conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21;
609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1,
clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345,
subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88;
609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation
of section 609.891 or 624.7181; or any violation of section 609.324.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

Sec. 6.

Minnesota Statutes 2008, section 609.5315, subdivision 6, is amended to read:

Subd. 6.

Reporting requirement.

The appropriate agency shall provide a written
record of each forfeiture incident to the state auditor. The record shall include the amount
forfeited, date new text begin of seizure and forfeiture, the basis of the forfeiture disposition, including
statutory or other authority, whether the forfeiture was contested new text end , and a brief description of
the circumstances involved. The record shall also list the number of firearms forfeited
and the make, model, and serial number of each firearm forfeited. new text begin The state auditor may
require information not specified in this subdivision to also be reported. new text end Reports shall be
made on a monthly basis in a manner prescribed by the state auditor. The state auditor
shall report annually to the legislature on the nature and extent of forfeitures new text begin , including
a list of agencies that failed to comply with the requirements of this subdivision for a
cumulative period of 30 days or longer during the reporting year new text end .

Sec. 7.

Minnesota Statutes 2008, section 624.714, subdivision 2, is amended to read:

Subd. 2.

Where application made; authority to issue permit; criteria; scope.

(a) Applications by Minnesota residents for permits to carry shall be made to the county
sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision
42, may apply to any sheriff.

(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,
paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:

(1) has training in the safe use of a pistol;

(2) is at least 21 years old and a citizen or a permanent resident of the United States;

(3) completes an application for a permit; new text begin and
new text end

(4) is not prohibited from possessing a firearm under the following sections:

(i) 518B.01, subdivision 14;

(ii) 609.224, subdivision 3;

(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;

(v) 624.713;

(vi) 624.719;

(vii) 629.715, subdivision 2;

(viii) 629.72, subdivision 2; or

(ix) any federal law deleted text begin ; and
deleted text end

deleted text begin (5) is not listed in the criminal gang investigative data system under section
299C.091 deleted text end .

(c) A permit to carry a pistol issued or recognized under this section is a state permit
and is effective throughout the state.

(d) A sheriff may contract with a police chief to process permit applications under
this section. If a sheriff contracts with a police chief, the sheriff remains the issuing
authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police
chief, all of the provisions of this section will apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 8.

new text begin [626A.281] new text begin ACQUISITION AND USE OF CELLULAR TELEPHONE
TRACKING DEVICES.
new text end new text end

new text begin (a) A local law enforcement agency must not purchase or acquire a device that is
used for tracking the location of cellular telephones unless the local government unit with
jurisdiction over the agency approves the purchase or acquisition.
new text end

new text begin (b) A state or local law enforcement agency may track the location of a cellular
telephone only in the manner provided under section 626A.28, subdivision 3, paragraph
(b), clauses (2) to (4).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
This section does not apply to a device that was purchased or acquired before the effective
date.
new text end

Sec. 9. new text begin APPOINTMENTS AND FIRST MEETING OF COUNCIL.
new text end

new text begin The new appointments specified in Minnesota Statutes, section 299A.641,
subdivision 2, must be completed by September 1, 2010. The superintendent of the
Bureau of Criminal Apprehension shall convene the first meeting of the Violent Crime
Oversight Council with the new members no later than October 1, 2010. The council
shall select a chair as provided in Minnesota Statutes, section 299A.641, subdivision 2,
at the first meeting.
new text end

Sec. 10. new text begin WORK GROUP.
new text end

new text begin The director of the Information Policy Analysis Division of the Department of
Administration shall convene and chair a work group of stakeholders and interested parties
to review criminal intelligence database issues and laws. The work group shall make
recommendations on these issues that balance public safety needs and privacy interests,
provide oversight, minimize discretion, and properly regulate the collection of these data.
By February 1, 2011, the work group shall report to the chairs and ranking minority
members of the committees of the senate and house of representatives with jurisdiction
over data practices issues on its recommendations. The report shall include any proposed
legislation necessary to implement the recommendations made by the work group. The
Department of Public Safety shall provide administrative support to the work group.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace references in statute to the "Gang and Drug
Oversight Council" with the "Violent Crime Oversight Council."
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 13.6905, subdivision 14; and 299C.091, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end