SF 2906

as introduced - 91st Legislature (2019 - 2020) Posted on 05/18/2019 09:33am

A bill for an act
relating to crime; enacting the Uniform Criminal Records Accuracy Act proposed
for adoption by the National Conference of Commissioners on Uniform State
Laws; proposing coding for new law as Minnesota Statutes, chapter 609C.

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

ARTICLE 1

GENERAL PROVISIONS

Section 1.

new text begin [609C.01] SHORT TITLE.
new text end

new text begin Sections 609C.01 to 609C.72 may be cited as the "Uniform Criminal Records Accuracy
Act."
new text end

Sec. 2.

new text begin [609C.02] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 609C.01 to 609C.72, the terms defined in this section
have the meanings given.
new text end

new text begin (b) "Accurate criminal history record information" means criminal history record
information that correctly reflects all reportable events relating to a subject.
new text end

new text begin (c) "Administration of criminal justice" means detection, apprehension, detention, pretrial
release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation
of a subject. The term includes criminal identification activities and collection, storage,
maintenance, submission, and dissemination of criminal history record information.
new text end

new text begin (d) "Biometric information" means fingerprints and other unique biological or physical
characteristics of an individual which a contributing justice agency is required or permitted
by law other than sections 609C.01 to 609C.72.
new text end

new text begin (e) "Central repository" means the Bureau of Criminal Apprehension.
new text end

new text begin (f) "Contributing justice agency" means a court, political subdivision or agent of a
political subdivision, governing entity of the state, or any governmental agency designated
by the [responsible agency or individual], which is authorized to engage in the administration
of criminal justice. The term does not include the central repository.
new text end

new text begin (g) "criminal history record information" means information, consisting of a description
of a subject and notation of a reportable event, collected, received, stored, maintained,
submitted, or disseminated by a contributing justice agency or the central repository. The
term includes biometric information. The term does not include noncriminal history record
information.
new text end

new text begin (h) "Dissemination" or "disseminate" means oral, written, or electronic transmission, or
other disclosure of criminal history record information to a person other than the central
repository.
new text end

new text begin (i) "Noncriminal history record information" means information collected:
new text end

new text begin (1) as a result of an inquiry about an activity, habit, practice, possession, association, or
financial status of an individual; and
new text end

new text begin (2) to anticipate, prevent, monitor, or investigate criminal activity.
new text end

new text begin (j) "Person" means an individual, estate, business, nonprofit entity, public corporation,
government or governmental subdivision, agency, instrumentality, or other legal entity.
new text end

new text begin (k) "Reportable event" means any of the following relating to a felony or misdemeanor,
other than a petty misdemeanor, traffic violation, or offense under chapters 260B and 260C:
new text end

new text begin (1) arrest resulting in a booking into a detention facility or collection of biometric
information;
new text end

new text begin (2) disposition after an arrest described in clause (1) without initiation of a criminal
proceeding;
new text end

new text begin (3) initiation of a criminal proceeding;
new text end

new text begin (4) disposition of a criminal proceeding, including diversion, dismissal, indefinite
postponement, acquittal, guilty plea, conviction, sentencing, and modification, reversal, and
revocation of the disposition;
new text end

new text begin (5) commitment to or release from a place of detention or custodial supervision;
new text end

new text begin (6) commencement or conclusion of noncustodial supervision;
new text end

new text begin (7) completion of a sentence;
new text end

new text begin (8) expungement, sealing, or setting aside of criminal history record information;
new text end

new text begin (9) grant of clemency, including pardon or commutation, or restoration of rights; and
new text end

new text begin (10) finding of [legal incapacity] by a court at any stage of a criminal proceeding.
new text end

new text begin (l) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States. The term includes a federally recognized Indian tribe.
new text end

new text begin (m) "Subject" means an individual about whom criminal history record information is
collected, stored, maintained, submitted, or disseminated as required or permitted by sections
609C.01 to 609C.72, or law other than sections 609C.01 to 609C.72.
new text end

Sec. 3.

new text begin [609C.03] PUBLIC RECORDS.
new text end

new text begin Except as otherwise provided by law other than sections 609C.01 to 609C.72 or court
rule or order the court docket, court file, and information contained in a docket or file are
public records.
new text end

Sec. 4.

new text begin [609C.04] DISSEMINATION LOG.
new text end

new text begin (a) A dissemination log required by section 609C.14 or 609C.23 must include each
criminal history record information request and dissemination to a person identifiable by
the contributing justice agency or central repository.
new text end

new text begin (b) A dissemination log required by section 609C.14 or 609C.23 must be separate from
noncriminal history record information and criminal history record information. The log
must include at least:
new text end

new text begin (1) the name of the subject about whom criminal history record information is requested;
new text end

new text begin (2) the name of the person making the request and its associated address;
new text end

new text begin (3) the name of the individual making the dissemination;
new text end

new text begin (4) the date of the request;
new text end

new text begin (5) the date of the dissemination; and
new text end

new text begin (6) a statement whether the information was disseminated for a purpose other than the
administration of criminal justice.
new text end

new text begin (c) A dissemination log required by section 609C.14 or 609C.23 is available to the public
only as provided by law other than sections 609C.01 to 609C.72.
new text end

new text begin (d) An entry in a dissemination log required by section 609C.14 or 609C.23 must be
maintained as long as the associated criminal history record information is maintained.
new text end

Sec. 5.

new text begin [609C.05] ESTABLISHMENT OF PROCEDURES.
new text end

new text begin The rulemaking requirements of chapter 14 do not apply to establishment of procedures
under sections 609C.01 to 609C.72.
new text end

ARTICLE 2

CONTRIBUTING JUSTICE AGENCY

Section 1.

new text begin [609C.10] COLLECTION AND SUBMISSION OF INFORMATION TO
CENTRAL REPOSITORY.
new text end

new text begin A contributing justice agency that has custody of, or control, authority, or jurisdiction
over, an individual for a reportable event shall collect, store, and maintain criminal history
record information on the event. Not later than five days after the agency collects the
information, the agency shall submit the information to the central repository in compliance
with procedures established by the central repository.
new text end

Sec. 2.

new text begin [609C.11] COLLECTION AND SUBMISSION OF BIOMETRIC
INFORMATION.
new text end

new text begin (a) A contributing justice agency that has custody of, or control, authority, or jurisdiction
over, an individual as a result of the individual's involvement in a reportable event shall
determine whether biometric information about the individual has been collected and
submitted to the central repository for the event. If the contributing justice agency is a court,
the contributing justice agency representing this state before the court shall make the
determination and report the results of its determination to the court.
new text end

new text begin (b) If a contributing justice agency determines under paragraph (a) that biometric
information has not been collected and submitted to the central repository, the agency, using
any procedure available to it under law other than sections 609C.01 to 609C.72, shall collect
the missing biometric information. Not later than five days after collection, the agency shall
submit the information to the central repository in compliance with procedures established
by the central repository.
new text end

Sec. 3.

new text begin [609C.12] ACCURACY AND CORRECTION OF INFORMATION.
new text end

new text begin (a) A contributing justice agency shall collect, store, maintain, submit, and disseminate
accurate criminal history record information in compliance with procedures established by
the central repository.
new text end

new text begin (b) Not later than 14 days after a contributing justice agency discovers that it possesses
inaccurate criminal history record information, the agency shall:
new text end

new text begin (1) correct its records;
new text end

new text begin (2) notify the central repository of the inaccuracy and correction; and
new text end

new text begin (3) if another contributing justice agency received the information under section 609C.13,
paragraph (b), within one year before the discovery, notify the agency of the inaccuracy
and correction.
new text end

Sec. 4.

new text begin [609C.13] DISSEMINATION OF criminal history record INFORMATION.
new text end

new text begin (a) A contributing justice agency may disseminate criminal history record information
only as required or permitted by sections 609C.01 to 609C.72 or by other law.
new text end

new text begin (b) A contributing justice agency may disseminate criminal history record information
to another contributing justice agency on request of the other agency in connection with the
duties of the requesting agency.
new text end

Sec. 5.

new text begin [609C.14] DISSEMINATION LOG OF CONTRIBUTING JUSTICE
AGENCY.
new text end

new text begin A contributing justice agency shall create, store, and maintain a dissemination log
complying with section 609C.04. Not later than 14 days after the agency disseminates
criminal history record information, the agency shall enter the information required by
section 609C.04 in the dissemination log.
new text end

ARTICLE 3

CENTRAL REPOSITORY

Section 1.

new text begin [609C.20] DUTY OF CENTRAL REPOSITORY.
new text end

new text begin (a) The central repository shall receive, store, maintain, and disseminate criminal history
record information reported to the central repository under sections 609C.01 to 609C.72.
new text end

new text begin (b) The central repository may disseminate criminal history record information only as
required or permitted by sections 609C.01 to 609C.72 or law other than sections 609C.01
to 609C.72.
new text end

new text begin (c) The central repository shall receive, store, maintain, and disseminate accurate criminal
history record information in compliance with procedures established by the Bureau of
Criminal Apprehension under section 609C.61.
new text end

new text begin (d) The central repository shall establish procedures to resolve data conflicts and discover
missing data for accurate criminal history record information.
new text end

Sec. 2.

new text begin [609C.21] DISSEMINATION OF INFORMATION TO SUBJECT.
new text end

new text begin (a) Not later than 14 days after the central repository receives a request from a subject
for the subject's criminal history record information, the central repository shall search its
records and:
new text end

new text begin (1) if the search discloses criminal history record information about the subject,
disseminate the information to the subject; or
new text end

new text begin (2) if the search does not disclose criminal history record information about the subject,
notify the subject of the fact.
new text end

new text begin (b) Criminal history record information disseminated under this section must include a
conspicuous notice that it is provided for review by the subject and may not be relied on or
considered current for use by another person.
new text end

Sec. 3.

new text begin [609C.22] DISSEMINATION OF INFORMATION TO PERSON
AUTHORIZED BY SUBJECT.
new text end

new text begin (a) A subject may authorize another person to receive the subject's criminal history
record information from the central repository.
new text end

new text begin (b) Before the central repository disseminates criminal history record information under
paragraph (a), the central repository shall determine whether the information contains:
new text end

new text begin (1) a disposition after an arrest without initiation of a criminal proceeding; or
new text end

new text begin (2) a disposition of a criminal proceeding, including diversion, dismissal, indefinite
postponement, acquittal, guilty plea, conviction, and sentencing, and modification, reversal,
and revocation of the disposition, for every arrest or initiation of a criminal proceeding.
new text end

new text begin (c) If the central repository determines under paragraph (b) that the information does
not contain a disposition, the central repository shall attempt to determine the disposition
and, if the central repository determines the disposition, include that disposition in:
new text end

new text begin (1) the relevant records maintained by the central repository; and
new text end

new text begin (2) the information to be disseminated.
new text end

new text begin (d) After complying with paragraph (c), and before the central repository disseminates
information under this section, the central repository shall remove from the information to
be disseminated any notation of an arrest or initiation of criminal proceedings if:
new text end

new text begin (1) 18 months have elapsed since the later of the date of the arrest or initiation of criminal
proceedings;
new text end

new text begin (2) a disposition has not been identified with respect to the arrest;
new text end

new text begin (3) a warrant is not outstanding with respect to the arrest; and
new text end

new text begin (4) a proceeding is not pending with respect to the arrest which may result in a conviction.
new text end

new text begin (e) Paragraph (d) does not apply if law other than sections 609C.01 to 609C.72 requires
that the person receive all criminal history record information about the subject.
new text end

new text begin (f) Not later than five days after the central repository disseminates information under
this section, the central repository shall send the same information to the subject, based on
the contact information provided by the person requesting the information.
new text end

Sec. 4.

new text begin [609C.23] DISSEMINATION LOG OF CENTRAL REPOSITORY.
new text end

new text begin The central repository shall create, store, and maintain a dissemination log complying
with section 609C.04. Not later than 14 days after the central repository disseminates criminal
history record information, the central repository shall enter the information required by
section 609C.04 in the dissemination log.
new text end

Sec. 5.

new text begin [609C.24] CORRECTION OF INACCURATE INFORMATION.
new text end

new text begin Not later than 14 days after the central repository determines that it possesses inaccurate
criminal history record information, the central repository shall follow the procedures in
section 609C.32, clauses (1) to (4).
new text end

Sec. 6.

new text begin [609C.25] ESTABLISHMENT OF PROCEDURES.
new text end

new text begin The central repository shall establish procedures:
new text end

new text begin (1) necessary to carry out its powers and duties under sections 609C.01 to 609C.72;
new text end

new text begin (2) for the manner and form in which a contributing justice agency collects, stores,
maintains, submits, and disseminates criminal history record information, including biometric
information;
new text end

new text begin (3) to ensure that all criminal history record information for the same subject is linked;
and
new text end

new text begin (4) for reporting, exchanging, and seeking correction of criminal history record
information under sections 609C.01 to 609C.72, including forms.
new text end

Sec. 7.

new text begin [609C.26] DISSEMINATION OF INFORMATION FOR STATISTICAL OR
RESEARCH PURPOSES.
new text end

new text begin Consistent with the laws of this state other than sections 609C.01 to 609C.72 and the
United States, the central repository may:
new text end

new text begin (1) subject to clause (2), disseminate criminal history record information, including
personally identifiable information, for a statistical or research purpose; and
new text end

new text begin (2) limit the use and subsequent dissemination of information disseminated under this
section and the procedures established by the central repository.
new text end

Sec. 8.

new text begin [609C.27] PUBLIC INFORMATION.
new text end

new text begin (a) The central repository shall inform the public of the existence and accessibility of
criminal history record information collected, stored, maintained, and disseminated by
contributing justice agencies and the central repository.
new text end

new text begin (b) The central repository shall inform the public, at least annually, concerning the:
new text end

new text begin (1) extent and general nature of criminal history record information collected, stored,
maintained, and disseminated in this state;
new text end

new text begin (2) number of corrections to criminal history record information made by the central
repository;
new text end

new text begin (3) results of audits under section 609C.51 and the status of any correction of deficiencies
identified; and
new text end

new text begin (4) requirements and forms for a subject to access, review, and seek correction of criminal
history record information received, stored, or maintained by the central repository, including
the right to appeal an adverse determination.
new text end

Sec. 9.

new text begin [609C.28] TRAINING.
new text end

new text begin (a) The central repository regularly shall provide training to contributing justice agencies
concerning submitting information on a reportable event and the importance of the
information to subjects, the public, and the criminal justice system.
new text end

new text begin (b) The central repository periodically shall identify and provide remedial training to
any contributing justice agency that does not meet the requirements of sections 609C.01 to
609C.72.
new text end

ARTICLE 4

CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION

Section 1.

new text begin [609C.30] REQUEST TO CORRECT.
new text end

new text begin A subject may seek correction of criminal history record information by sending the
contributing justice agency storing the information or the central repository a request for
correction, specifying the information alleged to be inaccurate and providing the allegedly
correct information. A contributing justice agency that receives the request shall inform the
subject that only the central repository can act on the subject's request and that the
contributing justice agency will forward the request to the central repository. Not later than
five days after receiving the request, the contributing justice agency shall forward to the
central repository the request and any criminal history record information relating to the
subject.
new text end

Sec. 2.

new text begin [609C.31] REVIEW OF REQUEST.
new text end

new text begin (a) Not later than 40 days after receipt of a request under section 609C.30, the central
repository shall review and approve or deny the request. The director of the central repository
may extend the time to review and act on the request for up to 21 days if the director certifies
that there is good cause for an extension and notifies the subject. The extension may not be
renewed unless the subject agrees.
new text end

new text begin (b) If the central repository does not act within the period provided in paragraph (a), the
request is deemed denied.
new text end

new text begin (c) Chapter 14 governs review of action or nonaction by the central repository concerning
a request under section 609C.30. Notwithstanding chapter 14, if the request is deemed
denied under paragraph (b), the central repository has the burden of proof in a subsequent
review.
new text end

Sec. 3.

new text begin [609C.32] CORRECTION OF RECORD.
new text end

new text begin If the central repository approves a request under section 609C.30, not later than 14 days
after the decision under section 609C.31 becomes final and not subject to appeal, the central
repository shall:
new text end

new text begin (1) correct its records;
new text end

new text begin (2) disseminate notice of the inaccuracy and correction to the subject and each person
to whom the central repository disseminated inaccurate information for a purpose of
administration of criminal justice within one year before the date of approval of the
correction;
new text end

new text begin (3) notify the contributing justice agency that provided the inaccurate information of
the inaccuracy and correction; and
new text end

new text begin (4) on request of the subject:
new text end

new text begin (i) disseminate notice of the inaccuracy and correction to each person the subject identifies
as having received the inaccurate information under section 609C.22; and
new text end

new text begin (ii) provide the subject at no cost one certified copy of the accurate information.
new text end

ARTICLE 5

MISTAKEN IDENTITY PREVENTION REGISTRY

Section 1.

new text begin [609C.40] CREATION AND MAINTENANCE OF REGISTRY.
new text end

new text begin The central repository shall create and maintain a mistaken identity prevention registry:
new text end

new text begin (1) consisting of information voluntarily provided by:
new text end

new text begin (i) a victim of mistaken identity; or
new text end

new text begin (ii) an individual whose name or other identifying characteristic is similar to that of
another individual who is the subject of criminal history record information; and
new text end

new text begin (2) designed to prevent:
new text end

new text begin (i) creation of inaccurate criminal history record information;
new text end

new text begin (ii) inaccurate modification of criminal history record information;
new text end

new text begin (iii) mistaken arrest; and
new text end

new text begin (iv) confusion of an individual with another individual when criminal history record
information is searched.
new text end

Sec. 2.

new text begin [609C.41] REQUIREMENTS FOR REGISTRY.
new text end

new text begin (a) The central repository shall establish procedures for entry of information concerning
an individual in the mistaken identity prevention registry. The procedures must require:
new text end

new text begin (1) submission by the individual of a request to be entered in the registry; and
new text end

new text begin (2) collection of biometric information from the individual.
new text end

new text begin (b) Using the procedures under paragraph (a), the central repository shall determine
whether the individual has a name or other identifying characteristic similar to that of another
individual who is the subject of criminal history record information. If the central repository
determines the individual does have such a name or characteristic, the central repository
shall enter the information concerning the individual in the mistaken identity protection
registry. If the central repository determines the individual does not have such a name or
characteristic, the individual may seek relief under sections 14.57 to 14.68.
new text end

Sec. 3.

new text begin [609C.42] CERTIFICATION.
new text end

new text begin Not later than 14 days after entering information concerning an individual in the mistaken
identity prevention registry under section 609C.41, the central repository shall provide the
individual a certification that the individual is not a specified individual with a similar name
or identifying characteristic who is the subject of criminal history record information. The
certification is prima facie evidence of the facts certified. A person may rely on the accuracy
of the information in the certification.
new text end

Sec. 4.

new text begin [609C.43] DISSEMINATION OF REGISTRY INFORMATION.
new text end

new text begin (a) The central repository may not use or disseminate information from the mistaken
identity prevention registry except as provided in sections 609C.41 to 609C.46.
new text end

new text begin (b) The central repository shall disseminate information from the mistaken identity
prevention registry to a contributing justice agency if the central repository has reason to
believe that identifying information on a reportable event may be inaccurate or incorrectly
associated with an individual.
new text end

new text begin (c) The central repository may disseminate information from the mistaken identity
prevention registry to a national mistaken identity prevention registry if the national registry
is created and maintained by a federal law enforcement agency with a purpose and protections
similar to the registry created in sections 609C.40 to 609C.46.
new text end

Sec. 5.

new text begin [609C.44] VERIFICATION OF IDENTITY.
new text end

new text begin If a contributing justice agency seeks to establish the identity of an individual and the
individual presents a certification issued under section 609C.42, the agency shall accept the
certification of the individual's identity unless the agency has a reasonable basis to doubt
the individual's identity or the authenticity of the certification, in which case the agency
shall contact the central repository to verify the authenticity of the certification, using
procedures established by the central repository.
new text end

Sec. 6.

new text begin [609C.45] LIMITATION ON USE OF REGISTRY INFORMATION.
new text end

new text begin (a) A contributing justice agency and the central repository may access or use information
from the mistaken identity prevention registry only to:
new text end

new text begin (1) identify accurately an individual about whom the agency has requested or received
registry information; or
new text end

new text begin (2) investigate, prosecute, or adjudicate an individual for an offense relating to
participating in, using, or operating the registry.
new text end

new text begin (b) If information in the mistaken identity prevention registry is accessed or used for a
purpose other than permitted under paragraph (a):
new text end

new text begin (1) the information and any information acquired as a result of the improper access or
use is not admissible in any criminal or civil action; and
new text end

new text begin (2) the central repository shall notify the individual whose information was accessed or
used improperly, not later than five days after it discovers the access or use.
new text end

Sec. 7.

new text begin [609C.46] REMOVAL OF INFORMATION FROM REGISTRY.
new text end

new text begin (a) The central repository shall establish procedures regarding a request to remove
information from the mistaken identity prevention registry.
new text end

new text begin (b) Not later than 14 days after receiving a request complying with procedures established
under paragraph (a) from an individual for removal of information the individual voluntarily
submitted under section 609C.41, paragraph (a), the central repository shall remove the
information from the mistaken identity prevention registry.
new text end

ARTICLE 6

SYSTEMS SECURITY AND AUDIT

Section 1.

new text begin [609C.50] SECURITY REQUIREMENTS.
new text end

new text begin To promote the confidentiality and security of criminal history record information
collected, received, stored, maintained, submitted, and disseminated under sections 609C.01
to 609C.72, the central repository shall establish procedures to:
new text end

new text begin (1) protect information from loss or damage;
new text end

new text begin (2) allow only an authorized person access to the information;
new text end

new text begin (3) select, supervise, and train individuals authorized to access the information;
new text end

new text begin (4) if computerized data processing is used, meet the technical guidance for the security
of systems established by the [responsible agency or individual]; and
new text end

new text begin (5) maintain an index of each data breach.
new text end

Sec. 2.

new text begin [609C.51] AUDIT.
new text end

new text begin (a) The state auditor shall cause an audit to be conducted annually of a sample of
contributing justice agencies and at least once every three years of the central repository.
new text end

new text begin (b) If the state auditor certifies that an audit required by an entity of the United States
satisfies the requirements of this section, an additional audit is not required of the central
repository or contributing justice agency subject to the audit.
new text end

new text begin (c) An audit under this section must:
new text end

new text begin (1) assess operational practices of the central repository for consistency, efficiency, and
security;
new text end

new text begin (2) assess the integrity of each computerized system and database and each physical
location where criminal history record information is stored;
new text end

new text begin (3) assess any data breach in the central repository and response to the breach; and
new text end

new text begin (4) review a representative sample of criminal history record information stored by a
contributing justice agency or the central repository and determine the number of missing
reportable events and amount and nature of missing biometric information in the sample,
in part by examining public records of the courts of this state.
new text end

new text begin (d) A contributing justice agency and the central repository shall give the state auditor
access to the records, reports, listings, and information required to conduct an audit under
this section. An officer, employee, or contractor of this state or a political subdivision of
this state with relevant information shall cooperate with the state auditor and provide
information requested for an audit.
new text end

new text begin (e) The state auditor shall prepare and make available a public report containing the
results of audits under this section and a list of any deficiencies and recommendations for
correction of deficiencies.
new text end

ARTICLE 7

ENFORCEMENT AND IMPLEMENTATION

Section 1.

new text begin [609C.60] REMEDIES.
new text end

new text begin (a) The Bureau of Criminal Apprehension, the central repository, or a subject, in addition
to other remedies provided by sections 609C.01 to 609C.72 and law other than sections
609C.01 to 609C.72, may commence an action to compel compliance with or enjoin a
violation of sections 609C.01 to 609C.72. The court may award to a subject who prevails
in the action reasonable fees and expenses of attorneys and court costs.
new text end

new text begin (b) A subject has a cause of action for an intentional or reckless violation of sections
609C.01 to 609C.72 or procedures established under sections 609C.01 to 609C.72. This
paragraph does not affect other remedies as provided by sections 609C.01 to 609C.72 or
law other than sections 609C.01 to 609C.72. If the court finds by a preponderance of the
evidence that the subject was injured by an intentional or reckless violation, the court shall
award:
new text end

new text begin (1) the greater of:
new text end

new text begin (i) actual damages; or
new text end

new text begin (ii) $500 for each violation up to $2,000 in the action; and
new text end

new text begin (2) reasonable fees and expenses of attorneys and court costs.
new text end

Sec. 2.

new text begin [609C.61] DUTIES AND AUTHORITY OF [RESPONSIBLE AGENCY OR
INDIVIDUAL].
new text end

new text begin (a) The Bureau of Criminal Apprehension shall establish procedures to implement
sections 609C.01 to 609C.72. The procedures must include provisions that:
new text end

new text begin (1) govern the accuracy, dissemination, and review of, and individual access to, criminal
history record information;
new text end

new text begin (2) electronic data, including biometric information, must be stored in a manner that
complies with the procedures established under section 609C.50;
new text end

new text begin (3) establish technical guidance for the security of systems described in clauses (1) and
(2); and
new text end

new text begin (4) set a reasonable maximum fee for the cost of disseminating criminal history record
information and provide a subject free access to the subject's information at least once each
calendar year.
new text end

new text begin (b) The bureau may designate any governmental agency, other than the central repository
or a court, as a contributing justice agency.
new text end

new text begin (c) The bureau may investigate any matter relating to the administration and enforcement
of sections 609C.01 to 609C.72.
new text end

ARTICLE 8

MISCELLANEOUS PROVISIONS

Section 1.

new text begin [609C.70] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 2.

new text begin [609C.71] TRANSITIONAL PROVISION.
new text end

new text begin Sections 609C.12, 609C.24, 609C.30, 609C.31, and 609C.32 apply to criminal history
record information that is in existence before, on, or after August 1, 2019, regardless of the
date the information was created or when the reportable event occurred.
new text end

Sec. 3.

new text begin [609C.72] SEVERABILITY.
new text end

new text begin If any provision of sections 609C.01 to 609C.72 or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications
of sections 609C.01 to 609C.72 that can be given effect without the invalid provision or
application, and to this end the provisions of sections 609C.01 to 609C.72 are severable.
new text end

Sec. 4. new text begin REPEALS; CONFORMING AMENDMENTS.
new text end

new text begin (a) .......
new text end

new text begin (b) .......
new text end

new text begin (c) .......
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2019.
new text end