SF 598

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:09am

A bill for an act
relating to public safety; providing for the collection of biological specimens for
DNA analysis at booking in a manner similar to fingerprint collection; amending
Minnesota Statutes 2010, sections 299C.10, subdivisions 1, 2; 299C.11,
subdivisions 1, 2; 609A.03, subdivision 7; repealing Minnesota Statutes 2010,
section 299C.105.

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

Section 1. LEGISLATIVE FINDINGS.

The legislature finds the following. The state has a legitimate and compelling interest
in knowing the identity of arrested persons and in accurately determining whether these
persons are the perpetrators of a crime. Arrested persons do not have a protected interest
in concealing their identity. DNA sampling is the most accurate means of identification
available and is only minimally intrusive to the subject of the sample. DNA sampling is
not significantly different from the taking of fingerprints and photographs, both of which
have been a routine part of the booking process for a significant amount of time.

Sec. 2.

Minnesota Statutes 2010, section 299C.10, subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, biological
specimens for the purpose of DNA analysis as defined in section 299C.155, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for the offenses in suspense whom the superintendent of the bureau
identifies as being the subject of a court disposition record which cannot be linked to an
arrest record, and whose fingerprints are necessary in order to maintain and ensure the
accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
comply with the mandates of section 299C.111, relating to the reduction of the number
of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
request of the bureau shall include the requirement that fingerprints be taken in post-arrest
interviews, while making court appearances, while in custody, or while on any form of
probation, diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
the fingerprint records and other identification data specified under paragraph (a) must
be forwarded to the bureau on such forms and in such manner as may be prescribed by
the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints and biological
specimens of an individual who is presently on probation.

(d) Finger and thumb prints and biological specimens must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints and biological specimen must be submitted to the Bureau of Criminal Apprehension
for the offense. If finger and thumb prints and a biological specimen have not been
successfully received by the bureau, an individual may, upon order of the court, be taken
into custody for no more than eight hours so that the taking of prints and a specimen can
be completed. Upon notice and motion of the prosecuting attorney, this time period may
be extended upon a showing that additional time in custody is essential for the successful
taking of prints and a specimen.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent
exposure).

(f) The collection of biological specimens under this subdivision must be conducted
using the least intrusive means possible. If feasible, the person from whom the specimen
is to be collected shall be given the option of collecting the sample on the person's own
behalf.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 3.

Minnesota Statutes 2010, section 299C.10, subdivision 2, is amended to read:

Subd. 2.

Law enforcement education.

(a) The sheriffs and police officers who
take finger and thumb prints must obtain training in the proper methods of taking and
transmitting fingerprints under this section consistent with bureau requirements.

(b) The persons who collect the biological specimens required under subdivision 1
must be trained to bureau-established standards in the proper method of collecting and
transmitting biological specimens.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 4.

Minnesota Statutes 2010, section 299C.11, subdivision 1, is amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, biological specimens, photographs, distinctive physical
mark identification data, information on known aliases and street names, and other
identification data as may be requested or required by the superintendent of the bureau,
which must be taken under the provisions of section 299C.10. In addition, sheriffs and
chiefs of police shall furnish this identification data to the bureau for individuals found to
have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the
ten years immediately preceding their arrest. When the bureau learns that an individual
who is the subject of a background check has used, or is using, identifying information,
including, but not limited to, name and date of birth, other than those listed on the criminal
history, the bureau may add the new identifying information to the criminal history when
supported by fingerprints.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, return to the
arrested person finger and thumb prints, biological specimens, photographs, distinctive
physical mark identification data, information on known aliases and street names, and
other identification data, and all copies and duplicates of them. If the bureau returns
a biological specimen under this paragraph, the bureau shall also remove the person's
information from the bureau's combined DNA index system and return all related records
and all copies or duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, biological specimens, photographs, distinctive physical mark identification
data, information on known aliases and street names, and other identification data, and
all copies and duplicates of them if the arrested person has not been convicted of any
felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding such determination. If the bureau seals a biological
specimen under this paragraph, the bureau shall also seal the person's information from
the bureau's combined DNA index system and seal all related records and all copies or
duplicates of them.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 5.

Minnesota Statutes 2010, section 299C.11, subdivision 2, is amended to read:

Subd. 2.

DNA samples; law enforcement duties.

(a) Each sheriff and chief of
police shall furnish the bureau, in such form as the superintendent shall prescribe, with the
biological specimens required to be taken under section 299C.105.

(b) DNA samples and DNA records of the arrested person obtained through
authority other than section 299C.105 299C.10, subdivision 1, shall not be returned,
sealed, or destroyed as to a charge supported by probable cause.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 6.

Minnesota Statutes 2010, section 609A.03, subdivision 7, is amended to read:

Subd. 7.

Limitations of order.

(a) Upon issuance of an expungement order related
to a charge supported by probable cause, the DNA samples and DNA records held by
the Bureau of Criminal Apprehension and collected under authority other than section
299C.105 299C.10, subdivision 1, shall not be sealed, returned to the subject of the record,
or destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;

(2) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order; and

(3) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the court order for expungement is directed
specifically to the commissioner of human services.

Upon request by law enforcement, prosecution, or corrections authorities, an agency
or jurisdiction subject to an expungement order shall inform the requester of the existence
of a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 7. REVISOR'S INSTRUCTION.

The revisor of statutes shall strike references to Minnesota Statutes, section
299C.105, wherever they appear in Minnesota Statutes. The revisor shall also make
grammatical changes made necessary by the stricken references.

Sec. 8. REPEALER.

Minnesota Statutes 2010, section 299C.105, is repealed.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.