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SF 619

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/21/2015 03:48pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to data practices; clarifying the protection of addresses in legal
proceedings for certain victims of violence; amending Minnesota Statutes 2014,
sections 5B.11; 13.03, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 5B.11, is amended to read:


5B.11 LEGAL PROCEEDINGS; PROTECTIVE ORDER.

deleted text begin If a program participant is involved in a legal proceeding as a party or witness, deleted text end new text begin
(a) If a program participant's address is protected under section 5B.05, no person may
be compelled to disclose the participant's actual address during discovery or during a
proceeding before a court or other tribunal unless the court or tribunal finds that:
new text end

new text begin (1) there is a reasonable belief that the address is needed to obtain information or
evidence without which the investigation, prosecution, or litigation cannot proceed; and
new text end

new text begin (2) there is no other practicable way of obtaining the information or evidence.
new text end

new text begin (b) The court must provide the program participant with notice that address
disclosure is sought and an opportunity to present evidence regarding the potential harm to
the safety of the program participant if the address is disclosed. In determining whether to
compel disclosure, the court must consider whether the potential harm to the safety of the
participant is outweighed by the interest in disclosure. In a criminal proceeding, the court
must order disclosure of a program participant's address if protecting the address would
violate a defendant's constitutional right to confront a witness.
new text end

new text begin (c) Disclosure of a participant's actual address under this section must be limited
under the terms of the order to ensure that the disclosure and dissemination of the actual
address will be no wider than necessary for the purposes of the investigation, prosecution,
or litigation.
new text end

new text begin (d) This section does not preventnew text end the court or other tribunal deleted text begin may issuedeleted text end new text begin from issuingnew text end a
protective order to prevent disclosure of information new text begin other than the participant's actual
address
new text end that could reasonably lead to the discovery of the program participant's location.

Sec. 2.

Minnesota Statutes 2014, section 13.03, subdivision 6, is amended to read:


Subd. 6.

Discoverability of not public data.

If a government entity opposes
discovery of government data or release of data pursuant to court order on the grounds
that the data are classified as not public, the party that seeks access to the data may bring
before the appropriate presiding judicial officer, arbitrator, or administrative law judge an
action to compel discovery or an action in the nature of an action to compel discovery.

The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.

If the data are discoverable the presiding officer shall decide whether the benefit to
the party seeking access to the data outweighs any harm to the confidentiality interests
of the entity maintaining the data, or of any person who has provided the data or who
is the subject of the data, or to the privacy interest of an individual identified in the
data. In making the decision, the presiding officer shall consider whether notice to the
subject of the data is warranted and, if warranted, what type of notice must be given. The
presiding officer may fashion and issue any protective orders necessary to assure proper
handling of the data by the parties. If the data are a videotape of a child victim or alleged
victim alleging, explaining, denying, or describing an act of physical or sexual abuse,
the presiding officer shall consider the provisions of section 611A.90, subdivision 2,
paragraph (b).new text begin If the data are data subject to the protections under chapter 5B or section
13.045, the presiding officer shall consider the provisions of section 5B.11.
new text end