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Minnesota Legislature

Office of the Revisor of Statutes

SF 112

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:35pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to corrections; extending retention of certain criminal gang investigative
data; amending Minnesota Statutes 2018, section 299C.091, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 299C.091, subdivision 5, is amended to read:


Subd. 5.

Removal of data from system.

Notwithstanding section 138.17, the bureau
shall destroy data entered into the system when three years have elapsed since the data were
entered into the system, except as otherwise provided in this subdivision. If the bureau has
information that the individual has been convicted as an adult, or has been adjudicated or
has a stayed adjudication as a juvenile for an offense that would be a crime if committed
by an adult, since entry of the data into the system, the data must be maintained until three
years have elapsed since the last record of a conviction or adjudication or stayed adjudication
of the individualdeleted text begin.deleted text endnew text begin, except that if the individual is committed to the custody of the
commissioner of corrections and the commissioner documents activities meeting the criminal
gang identification criteria that take place while the individual is confined in a state
correctional facility, the three-year period begins after release from incarceration.
new text endUpon
request of the law enforcement agency that submitted data to the system, the bureau shall
destroy the data regardless of whether three years have elapsed since the data were entered
into the system.