SF 2755

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

  1.1                          A bill for an act
  1.2             relating to crime prevention; authorizing peace 
  1.3             officers to issue citations for truancy; requiring 
  1.4             that certain juveniles taken into secure custody be 
  1.5             formally booked and fingerprinted; requiring that any 
  1.6             known street names or aliases of certain juvenile 
  1.7             offenders be included in the statewide juvenile 
  1.8             information system; amending Minnesota Statutes 1994, 
  1.9             sections 168.36, by adding a subdivision; and 260.161, 
  1.10            subdivision 1a; Minnesota Statutes 1995 Supplement, 
  1.11            sections 260.132, subdivision 1; 260.161, subdivision 
  1.12            3; and 299C.10, subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 168.36, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 4.  [OFFICER MAY SEIZE REGISTRATION PLATES.] If a 
  1.17  peace officer stops a motor vehicle and determines, through a 
  1.18  check of the motor vehicle registration record system, that the 
  1.19  vehicle is being operated without valid registration in 
  1.20  violation of this section, the officer may immediately seize the 
  1.21  vehicle's registration plates and return them to the 
  1.22  commissioner of public safety. 
  1.23     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.24  260.132, subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [NOTICE.] When a peace officer, or 
  1.26  attendance officer, in the case of a habitual truant, a peace 
  1.27  officer or an attendance officer has probable cause to believe 
  1.28  that a child: 
  1.29     (1) is in need of protection or services under section 
  2.1   260.015, subdivision 2a, clause (11) or (12); 
  2.2      (2) is a juvenile petty offender; or 
  2.3      (3) has committed a delinquent act that would be a petty 
  2.4   misdemeanor or misdemeanor if committed by an adult; 
  2.5   the officer may issue a notice to the child to appear in 
  2.6   juvenile court in the county in which the child is found or in 
  2.7   the county of the child's residence or, in the case of a 
  2.8   juvenile petty offense, or a petty misdemeanor or misdemeanor 
  2.9   delinquent act, the county in which the offense was committed.  
  2.10  If there is a school attendance review board or county attorney 
  2.11  mediation program operating in the child's school district, a 
  2.12  notice to appear in juvenile court for a habitual truant may not 
  2.13  be issued until the applicable procedures under section 260A.06 
  2.14  or 260A.07 have been exhausted.  The officer shall file a copy 
  2.15  of the notice to appear with the juvenile court of the 
  2.16  appropriate county.  If a child fails to appear in response to 
  2.17  the notice, the court may issue a summons notifying the child of 
  2.18  the nature of the offense alleged and the time and place set for 
  2.19  the hearing.  If the peace officer finds it necessary to take 
  2.20  the child into custody, sections 260.165 and 260.171 shall apply.
  2.21     Sec. 3.  Minnesota Statutes 1994, section 260.161, 
  2.22  subdivision 1a, is amended to read: 
  2.23     Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
  2.24  CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
  2.25  the Bureau of Criminal Apprehension the following data on 
  2.26  juveniles adjudicated delinquent for having committed 
  2.27  felony-level criminal sexual conduct: 
  2.28     (1) the name and birth date of the juvenile, including any 
  2.29  of the juvenile's known aliases or street names; 
  2.30     (2) the type of act for which the juvenile was adjudicated 
  2.31  delinquent and date of the offense; and 
  2.32     (3) the date and county of the adjudication. 
  2.33     (b) The bureau shall retain data on a juvenile until the 
  2.34  offender reaches the age of 28.  If the offender commits another 
  2.35  violation of sections 609.342 to 609.345 as an adult, the bureau 
  2.36  shall retain the data for as long as the data would have been 
  3.1   retained if the offender had been an adult at the time of the 
  3.2   juvenile offense. 
  3.3      (c) The juvenile court shall forward to the bureau the 
  3.4   following data on individuals convicted as extended jurisdiction 
  3.5   juveniles: 
  3.6      (1) the name and birthdate of the offender, including any 
  3.7   of the juvenile's known aliases or street names; 
  3.8      (2) the crime committed by the offender and the date of the 
  3.9   crime; and 
  3.10     (3) the date and county of the conviction. 
  3.11     The court shall notify the bureau whenever it executes an 
  3.12  extended jurisdiction juvenile's adult sentence under section 
  3.13  260.126, subdivision 5. 
  3.14     (d) The bureau shall retain the extended jurisdiction 
  3.15  juvenile data for as long as the data would have been retained 
  3.16  if the offender had been an adult at the time of the offense.  
  3.17  Data retained on individuals under this subdivision are private 
  3.18  data under section 13.02, except that extended jurisdiction 
  3.19  juvenile data becomes public data under section 13.87, 
  3.20  subdivision 2, when the juvenile court notifies the bureau that 
  3.21  the individual's adult sentence has been executed under section 
  3.22  260.126, subdivision 5. 
  3.23     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  3.24  260.161, subdivision 3, is amended to read: 
  3.25     Subd. 3.  [PEACE OFFICER AND CORRECTIONAL RECORDS OF 
  3.26  CHILDREN.] (a) Except for records relating to an offense where 
  3.27  proceedings are public under section 260.155, subdivision 1, 
  3.28  peace officers' records of children who are or may be delinquent 
  3.29  or who may be engaged in criminal acts shall be kept separate 
  3.30  from records of persons 18 years of age or older and are private 
  3.31  data but shall be disseminated:  (1) by order of the juvenile 
  3.32  court, (2) as required by section 126.036, (3) as authorized 
  3.33  under section 13.82, subdivision 2, (4) to the child or the 
  3.34  child's parent or guardian unless disclosure of a record would 
  3.35  interfere with an ongoing investigation, or (5) as otherwise 
  3.36  provided in this subdivision.  Except as provided in paragraph 
  4.1   (c), no photographs of a child taken into custody may be taken 
  4.2   without the consent of the juvenile court unless the child is 
  4.3   alleged to have violated section 169.121 or 169.129.  Peace 
  4.4   officers' records containing data about children who are victims 
  4.5   of crimes or witnesses to crimes must be administered consistent 
  4.6   with section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
  4.7   violating any of the provisions of this subdivision shall be 
  4.8   guilty of a misdemeanor. 
  4.9      In the case of computerized records maintained about 
  4.10  juveniles by peace officers, the requirement of this subdivision 
  4.11  that records about juveniles must be kept separate from adult 
  4.12  records does not mean that a law enforcement agency must keep 
  4.13  its records concerning juveniles on a separate computer system.  
  4.14  Law enforcement agencies may keep juvenile records on the same 
  4.15  computer as adult records and may use a common index to access 
  4.16  both juvenile and adult records so long as the agency has in 
  4.17  place procedures that keep juvenile records in a separate place 
  4.18  in computer storage and that comply with the special data 
  4.19  retention and other requirements associated with protecting data 
  4.20  on juveniles. 
  4.21     (b) Nothing in this subdivision prohibits the exchange of 
  4.22  information by law enforcement agencies if the exchanged 
  4.23  information is pertinent and necessary to the requesting agency 
  4.24  in initiating, furthering, or completing a criminal 
  4.25  investigation. 
  4.26     (c) A photograph may be taken of a child taken into custody 
  4.27  pursuant to section 260.165, subdivision 1, clause (b), provided 
  4.28  that the photograph must be destroyed when the child reaches the 
  4.29  age of 19 years.  If the child is taken into custody for 
  4.30  allegedly committing a felony or gross misdemeanor-level 
  4.31  delinquent act and is detained in a secure detention facility, 
  4.32  the facility must take the child's fingerprints and booking 
  4.33  photograph as required by section 299C.10, subdivision 1.  The 
  4.34  commissioner of corrections may photograph juveniles whose legal 
  4.35  custody is transferred to the commissioner.  Photographs of 
  4.36  juveniles authorized by this paragraph may be used only for 
  5.1   institution management purposes, case supervision by parole 
  5.2   agents, and to assist law enforcement agencies to apprehend 
  5.3   juvenile offenders.  The commissioner shall maintain photographs 
  5.4   of juveniles in the same manner as juvenile court records and 
  5.5   names under this section. 
  5.6      (d) Traffic investigation reports are open to inspection by 
  5.7   a person who has sustained physical harm or economic loss as a 
  5.8   result of the traffic accident.  Identifying information on 
  5.9   juveniles who are parties to traffic accidents may be disclosed 
  5.10  as authorized under section 13.82, subdivision 4, and accident 
  5.11  reports required under section 169.09 may be released under 
  5.12  section 169.09, subdivision 13, unless the information would 
  5.13  identify a juvenile who was taken into custody or who is 
  5.14  suspected of committing an offense that would be a crime if 
  5.15  committed by an adult, or would associate a juvenile with the 
  5.16  offense, and the offense is not a minor traffic offense under 
  5.17  section 260.193. 
  5.18     (e) A law enforcement agency shall notify the principal or 
  5.19  chief administrative officer of a juvenile's school of an 
  5.20  incident occurring within the agency's jurisdiction if: 
  5.21     (1) the agency has probable cause to believe that the 
  5.22  juvenile has committed an offense that would be a crime if 
  5.23  committed as an adult, that the victim of the offense is a 
  5.24  student or staff member of the school, and that notice to the 
  5.25  school is reasonably necessary for the protection of the victim; 
  5.26  or 
  5.27     (2) the agency has probable cause to believe that the 
  5.28  juvenile has committed an offense described in subdivision 1b, 
  5.29  paragraph (a), clauses (1) to (3), that would be a crime if 
  5.30  committed by an adult, regardless of whether the victim is a 
  5.31  student or staff member of the school. 
  5.32     A law enforcement agency is not required to notify the 
  5.33  school under this paragraph if the agency determines that notice 
  5.34  would jeopardize an ongoing investigation.  Notwithstanding 
  5.35  section 138.17, data from a notice received from a law 
  5.36  enforcement agency under this paragraph must be destroyed when 
  6.1   the juvenile graduates from the school or at the end of the 
  6.2   academic year when the juvenile reaches age 23, whichever date 
  6.3   is earlier.  For purposes of this paragraph, "school" means a 
  6.4   public or private elementary, middle, or secondary school. 
  6.5      (f) In any county in which the county attorney operates or 
  6.6   authorizes the operation of a juvenile prepetition or pretrial 
  6.7   diversion program, a law enforcement agency or county attorney's 
  6.8   office may provide the juvenile diversion program with data 
  6.9   concerning a juvenile who is a participant in or is being 
  6.10  considered for participation in the program. 
  6.11     (g) Upon request of a local social service agency, peace 
  6.12  officer records of children who are or may be delinquent or who 
  6.13  may be engaged in criminal acts may be disseminated to the 
  6.14  agency to promote the best interests of the subject of the data. 
  6.15     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  6.16  299C.10, subdivision 1, is amended to read: 
  6.17     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
  6.18  made the duty of the sheriffs of the respective counties and, of 
  6.19  the police officers in cities of the first, second, and third 
  6.20  classes, under the direction of the chiefs of police in such 
  6.21  cities, and of community corrections agencies operating secure 
  6.22  juvenile detention facilities to take or cause to be taken 
  6.23  immediately finger and thumb prints, photographs, distinctive 
  6.24  physical mark identification data, and such other identification 
  6.25  data as may be requested or required by the superintendent of 
  6.26  the bureau; of all persons arrested for a felony, gross 
  6.27  misdemeanor, of all juveniles committing felonies as 
  6.28  distinguished from those committed by adult offenders, of all 
  6.29  persons reasonably believed by the arresting officer to be 
  6.30  fugitives from justice, of all persons in whose possession, when 
  6.31  arrested, are found concealed firearms or other dangerous 
  6.32  weapons, burglar tools or outfits, high-power explosives, or 
  6.33  articles, machines, or appliances usable for an unlawful purpose 
  6.34  and reasonably believed by the arresting officer to be intended 
  6.35  for such purposes, and within 24 hours thereafter to forward 
  6.36  such fingerprint records and other identification data on such 
  7.1   forms and in such manner as may be prescribed by the 
  7.2   superintendent of the bureau of criminal apprehension. 
  7.3      (b) Effective August 1, 1997, the identification reporting 
  7.4   requirements shall also apply to persons committing misdemeanor 
  7.5   offenses, including violent and enhanceable crimes, and 
  7.6   juveniles committing gross misdemeanors.  In addition, the 
  7.7   reporting requirements shall include any known aliases or street 
  7.8   names of the offenders. 
  7.9      Sec. 6.  [EFFECTIVE DATE.] 
  7.10     Sections 1 to 5 are effective August 1, 1996, and apply to 
  7.11  acts occurring on or after that date.