SF 3308

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; accessing criminal justice information; providing that
the Bureau of Criminal Apprehension be the centralized criminal background
check agency; providing for the classification of certain arrest data as private
data on individuals; providing all fingerprint information to the Bureau of
Criminal Apprehension; providing for tiered access to public conviction data;
providing uniform classification of arrest data; providing for penalties; amending
Minnesota Statutes 2006, sections 13.82, subdivision 2; 609.118; Minnesota
Statutes 2007 Supplement, section 13.87, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 299C.

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

Section 1.

Minnesota Statutes 2006, section 13.82, subdivision 2, is amended to read:

Subd. 2.

Arrest data.

new text begin (a) new text end The following data created or collected by law
enforcement agencies which documents any actions taken by them to cite, arrest,
incarcerate or otherwise substantially deprive an adult individual of liberty shall be public
at all times in the originating agency:

deleted text begin (a) deleted text end new text begin (1) new text end time, date and place of the action;

deleted text begin (b) deleted text end new text begin (2) new text end any resistance encountered by the agency;

deleted text begin (c) deleted text end new text begin (3) new text end any pursuit engaged in by the agency;

deleted text begin (d) deleted text end new text begin (4) new text end whether any weapons were used by the agency or other individual;

deleted text begin (e) deleted text end new text begin (5) new text end the charge, arrest or search warrants, or other legal basis for the action;

deleted text begin (f) deleted text end new text begin (6) new text end the identities of the agencies, units within the agencies and individual persons
taking the action;

deleted text begin (g) deleted text end new text begin (7) new text end whether and where the individual is being held in custody or is being
incarcerated by the agency;

deleted text begin (h) deleted text end new text begin (8) new text end the date, time and legal basis for any transfer of custody and the identity of
the agency or person who received custody;

deleted text begin (i) deleted text end new text begin (9) new text end the date, time and legal basis for any release from custody or incarceration;

deleted text begin (j) deleted text end new text begin (10) new text end the name, age, sex and last known address of an adult person or the age
and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially
deprived of liberty;

deleted text begin (k) deleted text end new text begin (11) new text end whether the agency employed wiretaps or other eavesdropping techniques,
unless the release of this specific data would jeopardize an ongoing investigation;

deleted text begin (l) deleted text end new text begin (12) new text end the manner in which the agencies received the information that led to the
arrest and the names of individuals who supplied the information unless the identities of
those individuals qualify for protection under subdivision 17; and

deleted text begin (m) deleted text end new text begin (13) new text end response or incident report number.

new text begin (b) Notwithstanding paragraph (a), data of an arrest not leading to a prosecution
within 180 days of the arrest is private data under section 13.02, subdivision 12, except the
data may not be released to a third party by the subject of the data and is not accessible for
employment, licensing, and housing purposes. The arrest data may be transmitted between
and among criminal justice agencies to assist in the investigation of a crime. The arresting
law enforcement agency shall retain the arrest data under this paragraph and notify all
other criminal justice agencies to which it has transmitted the data that the arrest data is
private data under section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to data
not leading to a prosecution within 180 days of the arrest retained by a criminal justice
agency under section 13.02, subdivision 3a, on and after the effective date of this section.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 13.87, subdivision 1, is amended
to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.

(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for deleted text begin 15 years deleted text end new text begin
the new text end following deleted text begin the deleted text end new text begin time periods after new text end discharge of the sentence imposed deleted text begin for the offense. deleted text end new text begin : new text end

new text begin (1) 15 years for a felony violent crime;
new text end

new text begin (2) ten years for a felony nonviolent crime or a gross misdemeanor violent crime;
new text end

new text begin (3) seven years for a gross misdemeanor nonviolent crime or a misdemeanor violent
crime; and
new text end

new text begin (4) five years for a misdemeanor nonviolent crime.
new text end

new text begin (c) For purposes of this subdivision, "violent crime" has the meaning given in
section 624.712, subdivision 5.
new text end

If an individual's name or other identifying information is erroneously associated
with a criminal history and a determination is made through a fingerprint verification that
the individual is not the subject of the criminal history, the name or other identifying
information must be redacted from the public criminal history data. The name and other
identifying information must be retained in the criminal history and are classified as
private data.

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

deleted text begin (c) deleted text end new text begin (d) new text end Limitation. Nothing in deleted text begin paragraph (a) or (b) deleted text end new text begin paragraphs (a) to (c) new text end shall limit
public access to data made public by section 13.82.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 3.

new text begin [299C.72] CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT
PURPOSES.
new text end

new text begin Criminal background checks conducted by or for employment purposes in the state
shall be conducted only at the Bureau of Criminal Apprehension, unless specifically
required or permitted by statute to be conducted elsewhere. "Criminal background check"
means the consideration of conviction information for employment-related purposes. As
part of a criminal background check, the employer must provide a copy of the information
retrieved upon request from the subject of the information. If an employer has violated
this subdivision, the employer is subject to liquidated damages in the amount of $500
per violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.118, is amended to read:

609.118 FINGERPRINTING REQUIRED.

(a) When a person is convicted of a felony, gross misdemeanor, or deleted text begin targeted deleted text end
misdemeanor deleted text begin , as defined in section 299C.10, subdivision 1 deleted text end , or is adjudicated delinquent
for a felony or gross misdemeanor, the court shall order the offender to immediately report
to the law enforcement agency responsible for the collection of fingerprint and other
identification data required under section 299C.10, regardless of the sentence imposed or
executed.

(b) Paragraph (a) does not apply if the person is remanded to the custody of a law
enforcement agency or if the identification data was collected prior to the conviction
or adjudication for the offense.

(c) A person who fails to obey a court order under paragraph (a) is subject to
probation revocation, contempt of court, or any other appropriate remedy.

(d) This section does not limit or restrict any other statutory requirements or local
policies regarding the collection of identification data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end