SF 3610

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

A bill for an act
relating to access to criminal justice information; modifying provisions
governing public access to criminal history data; amending Minnesota Statutes
2007 Supplement, section 13.87, subdivision 1.

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

Section 1.

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.

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

(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 new text begin time periods after new text end the 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

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.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.