SF 3373

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring public employees and 
  1.3             officers to make prompt reports of certain unlawful 
  1.4             actions; authorizing providing certain data to the 
  1.5             state auditor for audit or law enforcement purposes 
  1.6             notwithstanding provisions of the data practices act; 
  1.7             amending Minnesota Statutes 2000, sections 6.715, 
  1.8             subdivision 3, by adding a subdivision; 13.82, 
  1.9             subdivision 17; 609.456, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 6.715, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [LAW ENFORCEMENT.] Notwithstanding any provision 
  1.14  to the contrary in subdivision 2, chapter 13, or any other 
  1.15  statute related to the classification of government data, the 
  1.16  state auditor may share data relating to an audit with 
  1.17  appropriate local law enforcement agencies, including data 
  1.18  classified as not public. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 6.715, is amended 
  1.20  by adding a subdivision to read: 
  1.21     Subd. 4.  [ACCESS TO DATA.] It is not a violation of 
  1.22  chapter 13 or any other statute related to the classification of 
  1.23  government data for a state agency, statewide system, or 
  1.24  political subdivision, as defined in section 13.02, to provide 
  1.25  data or information to the state auditor, including data 
  1.26  classified as not public, for the purpose of an audit or 
  1.27  pursuant to section 609.456, subdivision 1. 
  2.1      Sec. 3.  Minnesota Statutes 2000, section 13.82, 
  2.2   subdivision 17, is amended to read: 
  2.3      Subd. 17.  [PROTECTION OF IDENTITIES.] A law enforcement 
  2.4   agency or a law enforcement dispatching agency working under 
  2.5   direction of a law enforcement agency shall withhold public 
  2.6   access to data on individuals to protect the identity of 
  2.7   individuals in the following circumstances: 
  2.8      (a) when access to the data would reveal the identity of an 
  2.9   undercover law enforcement officer, as provided in section 
  2.10  13.43, subdivision 5; 
  2.11     (b) when access to the data would reveal the identity of a 
  2.12  victim or alleged victim of criminal sexual conduct or of a 
  2.13  violation of section 617.246, subdivision 2; 
  2.14     (c) when access to the data would reveal the identity of a 
  2.15  paid or unpaid informant being used by the agency if the agency 
  2.16  reasonably determines that revealing the identity of the 
  2.17  informant would threaten the personal safety of the informant; 
  2.18     (d) when access to the data would reveal the identity of a 
  2.19  victim of or witness to a crime if the victim or witness 
  2.20  specifically requests not to be identified publicly, unless the 
  2.21  agency reasonably determines that revealing the identity of the 
  2.22  victim or witness would not threaten the personal safety or 
  2.23  property of the individual; 
  2.24     (e) when access to the data would reveal the identity of a 
  2.25  deceased person whose body was unlawfully removed from a 
  2.26  cemetery in which it was interred; 
  2.27     (f) when access to the data would reveal the identity of a 
  2.28  person who placed a call to a 911 system or the identity or 
  2.29  telephone number of a service subscriber whose phone is used to 
  2.30  place a call to the 911 system and:  (1) the agency determines 
  2.31  that revealing the identity may threaten the personal safety or 
  2.32  property of any person; or (2) the object of the call is to 
  2.33  receive help in a mental health emergency.  For the purposes of 
  2.34  this paragraph, a voice recording of a call placed to the 911 
  2.35  system is deemed to reveal the identity of the caller; 
  2.36     (g) when access to the data would reveal the identity of a 
  3.1   juvenile witness and the agency reasonably determines that the 
  3.2   subject matter of the investigation justifies protecting the 
  3.3   identity of the witness; or 
  3.4      (h) when access to the data would reveal the identity of a 
  3.5   mandated reporter under sections section 626.556 and, 626.557, 
  3.6   or 609.456. 
  3.7      Data concerning individuals whose identities are protected 
  3.8   by this subdivision are private data about those individuals.  
  3.9   Law enforcement agencies shall establish procedures to acquire 
  3.10  the data and make the decisions necessary to protect the 
  3.11  identity of individuals described in clauses (c), (d), (f), and 
  3.12  (g). 
  3.13     Sec. 4.  Minnesota Statutes 2000, section 609.456, 
  3.14  subdivision 1, is amended to read: 
  3.15     Subdivision 1.  [STATE AUDITOR.] Whenever a public employee 
  3.16  or public officer of a political subdivision discovers evidence 
  3.17  of theft, embezzlement, or unlawful use of public funds or 
  3.18  property, the employee or elected official officer shall, except 
  3.19  when to do so would knowingly impede or otherwise interfere with 
  3.20  an ongoing criminal investigation, promptly report to law 
  3.21  enforcement and shall promptly report in writing to the state 
  3.22  auditor a detailed description of the alleged incident or 
  3.23  incidents.  Notwithstanding chapter 13 or any other statute 
  3.24  related to the classification of government data, the public 
  3.25  employee or public officer shall provide data or information 
  3.26  related to the alleged incident or incidents to the state 
  3.27  auditor and law enforcement, including data classified as not 
  3.28  public.