1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 2618
1.2 A bill for an act
1.3 relating to crimes; requiring public employees and
1.4 officers to make prompt reports of certain unlawful
1.5 actions; authorizing providing certain data to the
1.6 state auditor for audit or law enforcement purposes
1.7 notwithstanding provisions of the data practices act;
1.8 amending Minnesota Statutes 2000, sections 6.715,
1.9 subdivision 3, by adding a subdivision; 13.82,
1.10 subdivision 17; 609.456, subdivision 1; Minnesota
1.11 Statutes 2001 Supplement, section 13.43, subdivision 2.
1.12 April 17, 2002
1.13 The Honorable Steve Sviggum
1.14 Speaker of the House of Representatives
1.16 The Honorable Don Samuelson
1.17 President of the Senate
1.19 We, the undersigned conferees for H.F. No. 2618, report
1.20 that we have agreed upon the items in dispute and recommend as
1.23 That the Senate recede from its amendments and that H.F. No.
1.24 2618 be further amended as follows:
1.25 Delete everything after the enacting clause and insert:
1.26 "Section 1. Minnesota Statutes 2000, section 6.715,
1.27 subdivision 3, is amended to read:
1.28 Subd. 3. [LAW ENFORCEMENT.] Notwithstanding any provision
1.29 to the contrary in subdivision 2, chapter 13, or any other
1.30 statute related to the classification of government data, the
1.31 state auditor may share data relating to an audit with
local law enforcement agencies, including data
2.2 classified as not public.
2.3 Sec. 2. Minnesota Statutes 2000, section 6.715, is amended
2.4 by adding a subdivision to read:
2.5 Subd. 4. [ACCESS TO DATA.] It is not a violation of
2.6 chapter 13 or any other statute related to the classification of
2.7 government data for a state agency, statewide system, or
2.8 political subdivision, as defined in section 13.02, to provide
2.9 data or information to the state auditor, including data
2.10 classified as not public, for the purpose of an audit or
2.11 pursuant to section 609.456, subdivision 1.
2.12 Sec. 3. Minnesota Statutes 2000, section 13.32,
2.13 subdivision 7, is amended to read:
2.14 Subd. 7. [USES OF DATA.] School officials who receive data
2.15 on juveniles, as authorized under sections section 260B.171 and
2.16 260C.171, may use and share that data within the school district
2.17 or educational entity as necessary to protect persons and
2.18 property or to address the educational and other needs of
2.19 students as provided in section 121A.75. A school district, its
2.20 agents, and employees who use and share this data in good faith
2.21 are immune from civil or criminal liability that might otherwise
2.22 result from their actions.
2.23 Sec. 4. Minnesota Statutes 2000, section 13.32,
2.24 subdivision 8, is amended to read:
2.25 Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon
2.26 request, the following education data shall be disclosed under
2.27 subdivision 3, clause (i), to the juvenile justice system: a
2.28 student's full name, home address, telephone number, date of
2.29 birth; a student's school schedule, attendance record, and
2.30 photographs, if any; and parents' names, home addresses, and
2.31 telephone numbers.
2.32 (b) In addition, the existence of the following data on
2.33 behavior by about a student who is on probation may be disclosed
2.34 under subdivision 3, clause (i) or (1), to the juvenile justice
2.36 (1) use of a controlled substance, alcohol, or tobacco;
3.1 (2) assaultive or threatening conduct that could result in
3.2 dismissal from school under section 121A.45, subdivision 2,
3.3 clause (b) or (c);
3.4 (3) possession or use of weapons or look-alike weapons;
3.5 (4) participation in gang activity as defined by the
3.6 criminal gang oversight council under section 299A.64,
3.7 subdivision 2, paragraph (b);
3.8 (5) theft; or
3.9 (6) (5) vandalism or other damage to property.
3.10 Any request for access to data under this paragraph must
3.11 contain an explanation of why access to the data is necessary to
3.12 serve the student or to protect students or staff.
3.13 (c) A superintendent of a school district principal or
3.14 chief administrative officer of a school who discloses receives
3.15 a request to disclose information about a student to the
3.16 juvenile justice system under this paragraph (b) shall, to the
3.17 extent permitted by federal law, notify the student's parent or
3.18 guardian by certified mail of the disclosure request to disclose
3.19 information before disclosing the information. If the student's
3.20 parent or guardian notifies the principal or chief
3.21 administrative officer within ten days of receiving the
3.22 certified notice that the parent or guardian objects to the
3.23 disclosure, the principal or chief administrative officer must
3.24 not disclose the information. The principal or chief
3.25 administrative officer must inform the requesting member of the
3.26 juvenile justice system of the objection.
3.27 (d) A principal or chief administrative officer is not
3.28 required to create data under this subdivision. Information
3.29 provided in response to a data request under paragraph (b) shall
3.30 indicate only whether the data described in paragraph (b)
3.31 exist. The principal or chief administrative officer is not
3.32 authorized under paragraph (b) to disclose the actual data or
3.33 other information contained in the student's education record.
3.34 A principal or chief administrative officer is not required to
3.35 provide data that are protected by court order. A principal or
3.36 chief administrative officer must respond to a data request
4.1 within 14 days if no objection is received from the parent or
4.3 (e) Nothing in this subdivision shall limit the disclosure
4.4 of educational data pursuant to court order.
4.5 (f) A school district, its agents, and employees who
4.6 provide data in good faith under this subdivision are not liable
4.7 for compensatory or exemplary damages or an award of attorney
4.8 fees in an action under section 13.08, or other law, or for a
4.9 penalty under section 13.09.
4.10 (g) Section 13.03, subdivision 4, applies to data that are
4.11 shared under this subdivision with a government entity. If data
4.12 are shared with a member of the juvenile justice system who is
4.13 not a government entity, the person receiving the shared data
4.14 must treat the data consistent with the requirements of this
4.15 chapter applicable to a government entity.
4.16 (h) A member of the juvenile justice system who falsely
4.17 certifies a request for data under this section is subject to
4.18 the penalties under section 13.09.
4.19 Sec. 5. Minnesota Statutes 2000, section 13.32, is amended
4.20 by adding a subdivision to read:
4.21 Subd. 9. [FORMS.] To make a data request under subdivision
4.22 8, paragraph (b), a member of the juvenile justice system must
4.23 use the following form:
4.24 REQUEST FOR INFORMATION
4.25 Family Educational Rights and Privacy Act/
4.26 Minnesota Government Data Practices Act
4.27 DATE/TIME OF REQUEST ............................
4.28 TO: ........................................
4.29 (Superintendent of school district
4.30 or chief administrative officer of school)
4.31 FROM: ........................................
4.32 (Requester's name/agency)
4.33 STUDENT: .......................................
4.34 BASIS FOR REQUEST
4.35 ... Juvenile delinquency investigation/prosecution
4.36 ... Child protection assessment/investigation
4.37 ... Investigation/filing of CHIPS or delinquency
5.1 REASON FOR REQUEST (requester must describe why information
5.2 regarding existence of the data marked below is necessary to
5.3 effectively serve the student)...................................
5.7 RESPONSE TO REQUEST
5.8 The school must indicate whether it has data on the student
5.9 that document any activity or behavior marked by the requester.
5.10 INFORMATION REQUESTED (mark all that apply) RESPONSE
5.11 Indicate whether you have data
5.12 that document the student's: (yes or no)
5.13 ... use of a controlled substance, alcohol,
5.14 or tobacco ....
5.15 ... assaultive or threatening conduct as defined
5.16 in Minnesota Statutes, section 13.32,
5.17 subdivision 8 ....
5.18 ... possession or use of weapons or look-alike
5.19 weapons ....
5.20 ... theft ....
5.21 ... vandalism and damage to property ....
5.22 CERTIFICATION: The undersigned certifies that the undersigned
5.23 is a member of the juvenile justice system. The requested data
5.24 are needed by the juvenile justice system so it may effectively
5.25 serve, prior to adjudication, the student whose records are
5.26 released. The undersigned will not disclose the information
5.27 received to any other party, except as provided under state law,
5.28 without prior written consent as required by Code of Federal
5.29 Regulations, title 34, section 99.38(b). The undersigned
5.30 further certifies that the undersigned understands that by
5.31 signing this request, the undersigned is subject to the
5.32 penalties in Minnesota Statutes, section 13.09.
5.35 Sec. 6. Minnesota Statutes 2000, section 13.43, is amended
5.36 by adding a subdivision to read:
5.37 Subd. 15. [DISSEMINATION OF DATA TO LAW ENFORCEMENT.]
5.38 Private personnel data, or data on employees that are
6.1 confidential data under section 13.39, may be disseminated to a
6.2 law enforcement agency for the purpose of reporting a crime or
6.3 alleged crime committed by an employee, or for the purpose of
6.4 assisting law enforcement in the investigation of a crime
6.5 committed or allegedly committed by an employee.
6.6 Sec. 7. Minnesota Statutes 2000, section 13.82,
6.7 subdivision 17, is amended to read:
6.8 Subd. 17. [PROTECTION OF IDENTITIES.] A law enforcement
6.9 agency or a law enforcement dispatching agency working under
6.10 direction of a law enforcement agency shall withhold public
6.11 access to data on individuals to protect the identity of
6.12 individuals in the following circumstances:
6.13 (a) when access to the data would reveal the identity of an
6.14 undercover law enforcement officer, as provided in section
6.15 13.43, subdivision 5;
6.16 (b) when access to the data would reveal the identity of a
6.17 victim or alleged victim of criminal sexual conduct or of a
6.18 violation of section 617.246, subdivision 2;
6.19 (c) when access to the data would reveal the identity of a
6.20 paid or unpaid informant being used by the agency if the agency
6.21 reasonably determines that revealing the identity of the
6.22 informant would threaten the personal safety of the informant;
6.23 (d) when access to the data would reveal the identity of a
6.24 victim of or witness to a crime if the victim or witness
6.25 specifically requests not to be identified publicly, unless the
6.26 agency reasonably determines that revealing the identity of the
6.27 victim or witness would not threaten the personal safety or
6.28 property of the individual;
6.29 (e) when access to the data would reveal the identity of a
6.30 deceased person whose body was unlawfully removed from a
6.31 cemetery in which it was interred;
6.32 (f) when access to the data would reveal the identity of a
6.33 person who placed a call to a 911 system or the identity or
6.34 telephone number of a service subscriber whose phone is used to
6.35 place a call to the 911 system and: (1) the agency determines
6.36 that revealing the identity may threaten the personal safety or
7.1 property of any person; or (2) the object of the call is to
7.2 receive help in a mental health emergency. For the purposes of
7.3 this paragraph, a voice recording of a call placed to the 911
7.4 system is deemed to reveal the identity of the caller;
7.5 (g) when access to the data would reveal the identity of a
7.6 juvenile witness and the agency reasonably determines that the
7.7 subject matter of the investigation justifies protecting the
7.8 identity of the witness; or
7.9 (h) when access to the data would reveal the identity of a
7.10 mandated reporter under sections section 609.456, 626.556 and,
7.11 or 626.557.
7.12 Data concerning individuals whose identities are protected
7.13 by this subdivision are private data about those individuals.
7.14 Law enforcement agencies shall establish procedures to acquire
7.15 the data and make the decisions necessary to protect the
7.16 identity of individuals described in clauses (c), (d), (f), and
7.18 Sec. 8. Minnesota Statutes 2000, section 120A.22,
7.19 subdivision 7, is amended to read:
7.20 Subd. 7. [EDUCATION RECORDS.] (a) A district from which a
7.21 student is transferring must transmit the student's educational
7.22 records, within ten business days of a request, to the district
7.23 in which the student is enrolling. Districts must make
7.24 reasonable efforts to determine the district in which a
7.25 transferring student is next enrolling in order to comply with
7.26 this subdivision.
7.27 (b) A school district that transmits a student's
7.28 educational records to another school district or other
7.29 educational entity to which the student is transferring must
7.30 include in the transmitted records information about
7.31 disciplinary action taken as a result of any incident in which
7.32 the student possessed or used a dangerous weapon.
7.33 (c) Notwithstanding section 138.17, a principal or chief
7.34 administrative officer must remove from a student's educational
7.35 record and destroy a probable cause notice received under
7.36 section 260B.171, subdivision 5, or paragraph (d), if one year
8.1 has elapsed since the date of the notice and the principal or
8.2 chief administrative officer has not received a disposition or
8.3 court order related to the offense described in the notice.
8.4 This paragraph does not apply if the student no longer attends
8.5 the school when this one-year period expires.
8.6 (d) A principal or chief administrative officer who
8.7 receives a probable cause notice under section 260B.171,
8.8 subdivision 5, or a disposition or court order, must include a
8.9 copy of that data in the student's educational records if they
8.10 are transmitted to another school, unless the data are required
8.11 to be destroyed under paragraph (c) or section 121A.75.
8.12 Sec. 9. Minnesota Statutes 2000, section 121A.75, is
8.13 amended to read:
8.14 121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.]
8.15 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
8.16 section "principal" means a principal or other person having
8.17 general administrative control and supervision of a school.
8.18 (b) For purposes of this section, "school" means a public
8.19 school under section 120A.22, subdivision 4; a nonpublic school
8.20 under section 120A.22, subdivision 4, that elects to comply with
8.21 this section; and a charter school under section 124D.10, but
8.22 does not mean a home school.
8.23 Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a
8.24 disposition order under section 260B.171, subdivision 3, the
8.25 superintendent of the student's school district or chief
8.26 administrative officer of the student's school must immediately
8.27 transmit the order to the principal of the school where the
8.28 student is in attendance. The principal must place the
8.29 disposition order in the student's permanent education record.
8.30 The principal must also immediately notify any counselor
8.31 directly supervising or reporting on the behavior or progress of
8.32 the student. In addition, the principal must immediately notify
8.33 any teacher or administrator who directly supervises or reports
8.34 on the behavior or progress of the student whom the principal
8.35 believes needs the data to work with the student in an
8.36 appropriate manner, to avoid being needlessly vulnerable, or to
9.1 protect other persons from needless vulnerability. The
9.2 principal may also notify other district employees, substitutes,
9.3 and volunteers who are in direct contact with the student, if
9.4 they determine these individuals need the data to work with the
9.5 student in an appropriate manner, to avoid being needlessly
9.6 vulnerable, or to protect other persons from needless
9.7 vulnerability. When provided in the disposition order, the
9.8 notice given under this paragraph by the principal must identify
9.9 the student, outline the offense, and describe any conditions of
9.10 probation about which the school must provide information.
9.11 (c) (b) Information received under this subdivision is
9.12 private data on individuals as defined in section 13.32 and is
9.13 received for the limited purpose of serving the educational
9.14 needs of the student and protecting students or staff. The data
9.15 may not be further disseminated by the teacher, counselor, staff
9.16 member, administrator, substitute, or volunteer ;, except as
9.17 necessary to serve the student, to protect students or staff, or
9.18 as otherwise required by law, and only to the following persons:
9.19 (1) the student; or
9.20 (2) the student's parent or guardian ;
9.21 (3) law enforcement officers; or
9.22 (4) the student's probation officer.
9.23 (d) (c) If a student is removed from school as part of the
9.24 disposition order, the superintendent of the student's school
9.25 district or chief administrative officer of the student's school
9.26 must maintain the copy of the order in a secure file and shall
9.27 notify the principal when the student is returned to school. If
9.28 the student is returned to a different school district or
9.29 school, the student's probation officer must send a copy of the
9.30 disposition order to the superintendent of the new school
9.31 district or the chief administrative officer of the new school.
9.32 (e) (d) The disposition order must be included if the
9.33 student's permanent education record is released to another
9.34 school district or educational entity to which the student is
9.35 transferring under section 120A.22, subdivision 7.
9.36 (f) (e) Notwithstanding section 138.17, a disposition order
10.1 received under section 260B.171, subdivision 3, paragraph (a),
10.2 must be destroyed when the student graduates from school or at
10.3 the end of the school year in which the student reaches age 23,
10.4 whichever is earlier. A disposition order received under
10.5 section 260B.171, subdivision 3, paragraph (b), must be
10.6 destroyed when the student is discharged from probation.
10.7 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) A law
10.8 enforcement agency must transmit the notice required by section
10.9 260B.171, subdivision 5, to the superintendent of the student's
10.10 school district who must immediately transmit the notice to the
10.11 principal of the school the student attends, or to the principal
10.12 of the school the student attends if there is no
10.13 superintendent. The principal must place the notice in the
10.14 student's educational record. The principal must immediately
10.15 notify any teacher, counselor, or administrator directly
10.16 supervising the student who the principal believes needs the
10.17 data to work with the student in an appropriate manner, to avoid
10.18 being needlessly vulnerable, or to protect other persons from
10.19 needless vulnerability. The principal may also notify other
10.20 district employees, substitutes, or volunteers who are in direct
10.21 contact with the student if the principal determines these
10.22 individuals need the data to work with the juvenile in an
10.23 appropriate manner, to avoid being needlessly vulnerable, or to
10.24 protect other persons from needless vulnerability. When
10.25 provided in the peace officer notice, the notice from the
10.26 principal must identify the student and describe the alleged
10.28 (b) Data received under this subdivision are private data
10.29 on individuals under section 13.32 and are received for the
10.30 limited purpose of serving the student's educational needs and
10.31 protecting students or staff. The teacher, counselor, staff
10.32 member, administrator, substitute, or volunteer must not further
10.33 disseminate the data, except to communicate with the student or
10.34 the student's parent or guardian as needed to serve the student,
10.35 protect students or staff, or as otherwise required by law.
10.36 (c) The principal must include the notice in the student's
11.1 educational record as required by section 120A.22, subdivision 7.
11.2 (d) If the county attorney determines not to proceed with a
11.3 petition alleging any offense in section 260B.171, subdivision
11.4 3, paragraph (a), clauses (1) to (3), or directs the student
11.5 into a diversion or mediation program, the county attorney must
11.6 notify the superintendent of the student's school district who
11.7 must immediately transmit the notice to the principal of the
11.8 school the student attends, or to the principal of the school
11.9 that the student attends if there is no superintendent. The
11.10 notice must contain the name of the student and a summary of the
11.11 resolution of the case. Notwithstanding section 138.17, the
11.12 principal must delete the peace officer's report and notice from
11.13 the student's educational record and destroy the data and make
11.14 reasonable efforts to notify any teacher, counselor, staff
11.15 member, administrator, substitute, or volunteer who received
11.16 data from the peace officer notice.
11.17 (e) If the juvenile court makes a decision on a petition
11.18 that alleges any offense in section 260B.171, subdivision 3,
11.19 paragraph (a), clauses (1) to (3), and the decision affects a
11.20 student and is not a disposition order, the court must notify
11.21 the superintendent of the student's school district who must
11.22 immediately transmit the notice to the principal of the school
11.23 the student attends, or to the principal of the school that the
11.24 student attends if there is no superintendent, of the decision.
11.25 Notwithstanding section 138.17, the principal must delete the
11.26 peace officer's report and notice from the student's educational
11.27 record and destroy the data and make reasonable efforts to
11.28 notify any teacher, counselor, staff member, administrator,
11.29 substitute, or volunteer who received data from the peace
11.30 officer notice.
11.31 (f) In addition to the data destruction requirements of
11.32 this subdivision, a principal must comply with the requirements
11.33 of section 120A.22, subdivision 7.
11.34 Sec. 10. Minnesota Statutes 2001 Supplement, section
11.35 124D.10, subdivision 8, is amended to read:
11.36 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter
12.1 school shall meet all applicable state and local health and
12.2 safety requirements.
12.3 (b) A school sponsored by a school board may be located in
12.4 any district, unless the school board of the district of the
12.5 proposed location disapproves by written resolution.
12.6 (c) A charter school must be nonsectarian in its programs,
12.7 admission policies, employment practices, and all other
12.8 operations. A sponsor may not authorize a charter school or
12.9 program that is affiliated with a nonpublic sectarian school or
12.10 a religious institution.
12.11 (d) Charter schools must not be used as a method of
12.12 providing education or generating revenue for students who are
12.13 being home-schooled.
12.14 (e) The primary focus of a charter school must be to
12.15 provide a comprehensive program of instruction for at least one
12.16 grade or age group from five through 18 years of age.
12.17 Instruction may be provided to people younger than five years
12.18 and older than 18 years of age.
12.19 (f) A charter school may not charge tuition.
12.20 (g) A charter school is subject to and must comply with
12.21 chapter 363 and section 121A.04.
12.22 (h) A charter school is subject to and must comply with the
12.23 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
12.24 Minnesota Public School Fee Law, sections 123B.34 to 123B.39.
12.25 (i) A charter school is subject to the same financial
12.26 audits, audit procedures, and audit requirements as a district.
12.27 Audits must be conducted in compliance with generally accepted
12.28 governmental auditing standards, the Federal Single Audit Act,
12.29 if applicable, and section 6.65. A charter school is subject to
12.30 and must comply with sections 15.054; 118A.01; 118A.02; 118A.03;
12.31 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38;
12.32 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3,
12.33 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must
12.34 comply with the requirements of sections 123B.75 to 123B.83,
12.35 except to the extent deviations are necessary because of the
12.36 program at the school. Deviations must be approved by the
13.1 commissioner. The department of children, families, and
13.2 learning, state auditor, or legislative auditor may conduct
13.3 financial, program, or compliance audits. A charter school
13.4 determined to be in statutory operating debt under sections
13.5 123B.81 to 123B.83 must submit a plan under section 123B.81,
13.6 subdivision 4.
13.7 (j) A charter school is a district for the purposes of tort
13.8 liability under chapter 466.
13.9 (k) A charter school must comply with sections 13.32;
13.10 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3
13.11 and 5.
13.12 Sec. 11. Minnesota Statutes 2000, section 260B.171,
13.13 subdivision 3, is amended to read:
13.14 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
13.15 juvenile is enrolled in school, the juvenile's probation officer
13.16 shall transmit a copy of the court's disposition order to the
13.17 superintendent of the juvenile's school district or the chief
13.18 administrative officer of the juvenile's school if the juvenile
13.19 has been adjudicated delinquent for committing an act on the
13.20 school's property or an act:
13.21 (1) that would be a violation of section 609.185
13.22 (first-degree murder); 609.19 (second-degree murder); 609.195
13.23 (third-degree murder); 609.20 (first-degree manslaughter);
13.24 609.205 (second-degree manslaughter); 609.21 (criminal vehicular
13.25 homicide and injury); 609.221 (first-degree assault); 609.222
13.26 (second-degree assault); 609.223 (third-degree assault);
13.27 609.2231 (fourth-degree assault); 609.224 (fifth-degree
13.28 assault); 609.2242 (domestic assault); 609.24 (simple robbery);
13.29 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
13.30 (false imprisonment); 609.342 (first-degree criminal sexual
13.31 conduct); 609.343 (second-degree criminal sexual conduct);
13.32 609.344 (third-degree criminal sexual conduct); 609.345
13.33 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree
13.34 criminal sexual conduct); 609.498 (tampering with a witness);
13.35 609.561 (first-degree arson); 609.582, subdivision 1 or 2
13.36 (burglary); 609.713 (terroristic threats); or 609.749
14.1 (harassment and stalking), if committed by an adult;
14.2 (2) that would be a violation of section 152.021
14.3 (first-degree controlled substance crime); 152.022
14.4 (second-degree controlled substance crime); 152.023
14.5 (third-degree controlled substance crime); 152.024
14.6 (fourth-degree controlled substance crime); 152.025
14.7 (fifth-degree controlled substance crime); 152.0261 (importing a
14.8 controlled substance); or 152.027 (other controlled substance
14.9 offenses), if committed by an adult; or
14.10 (3) that involved the possession or use of a dangerous
14.11 weapon as defined in section 609.02, subdivision 6.
14.12 When a disposition order is transmitted under this
14.13 subdivision, the probation officer shall notify the juvenile's
14.14 parent or legal guardian that the disposition order has been
14.15 shared with the juvenile's school.
14.16 (b) In addition, the juvenile's probation officer may
14.17 transmit a copy of the court's disposition order to the
14.18 superintendent of the juvenile's school district or the chief
14.19 administrative officer of the juvenile's school if the juvenile
14.20 has been adjudicated delinquent for offenses not listed in
14.21 paragraph (a) and placed on probation. The probation officer
14.22 shall notify the superintendent or chief administrative officer
14.23 when the juvenile is discharged from probation.
14.24 (c) The disposition order must be accompanied by a notice
14.25 to the school that the school may obtain additional information
14.26 from the juvenile's probation officer with the consent of the
14.27 juvenile or the juvenile's parents, as applicable. The
14.28 disposition order must be maintained, shared, or released only
14.29 as provided in section 121A.07 121A.75.
14.30 (d) The juvenile's probation officer shall maintain a
14.31 record of disposition orders released under this subdivision and
14.32 the basis for the release.
14.33 (e) No later than September 1, 2002, the criminal and
14.34 juvenile justice information policy group, in consultation with
14.35 representatives of probation officers and educators, shall
14.36 prepare standard forms for use by juvenile probation officers in
15.1 forwarding information to schools under this subdivision and in
15.2 maintaining a record of the information that is released. The
15.3 group shall provide a copy of any forms or procedures developed
15.4 under this paragraph to the legislature by January 15, 2003.
15.5 (f) As used in this subdivision, "school" means a charter
15.6 school or a school as defined in section 120A.22, subdivision 4,
15.7 except a home school.
15.8 Sec. 12. Minnesota Statutes 2000, section 260B.171,
15.9 subdivision 5, is amended to read:
15.10 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
15.11 for records relating to an offense where proceedings are public
15.12 under section 260B.163, subdivision 1, peace officers' records
15.13 of children who are or may be delinquent or who may be engaged
15.14 in criminal acts shall be kept separate from records of persons
15.15 18 years of age or older and are private data but shall be
15.16 disseminated: (1) by order of the juvenile court, (2) as
15.17 required by section 121A.28, (3) as authorized under section
15.18 13.82, subdivision 2, (4) to the child or the child's parent or
15.19 guardian unless disclosure of a record would interfere with an
15.20 ongoing investigation, (5) to the Minnesota crime victims
15.21 reparations board as required by section 611A.56, subdivision 2,
15.22 clause (f), for the purpose of processing claims for crime
15.23 victims reparations, or (6) as otherwise provided in this
15.24 subdivision. Except as provided in paragraph (c), no
15.25 photographs of a child taken into custody may be taken without
15.26 the consent of the juvenile court unless the child is alleged to
15.27 have violated section 169A.20. Peace officers' records
15.28 containing data about children who are victims of crimes or
15.29 witnesses to crimes must be administered consistent with section
15.30 13.82, subdivisions 2, 3, 4, and 10. Any person violating any
15.31 of the provisions of this subdivision shall be guilty of a
15.33 In the case of computerized records maintained about
15.34 juveniles by peace officers, the requirement of this subdivision
15.35 that records about juveniles must be kept separate from adult
15.36 records does not mean that a law enforcement agency must keep
16.1 its records concerning juveniles on a separate computer system.
16.2 Law enforcement agencies may keep juvenile records on the same
16.3 computer as adult records and may use a common index to access
16.4 both juvenile and adult records so long as the agency has in
16.5 place procedures that keep juvenile records in a separate place
16.6 in computer storage and that comply with the special data
16.7 retention and other requirements associated with protecting data
16.8 on juveniles.
16.9 (b) Nothing in this subdivision prohibits the exchange of
16.10 information by law enforcement agencies if the exchanged
16.11 information is pertinent and necessary for law enforcement
16.13 (c) A photograph may be taken of a child taken into custody
16.14 pursuant to section 260B.175, subdivision 1, clause (b),
16.15 provided that the photograph must be destroyed when the child
16.16 reaches the age of 19 years. The commissioner of corrections
16.17 may photograph juveniles whose legal custody is transferred to
16.18 the commissioner. Photographs of juveniles authorized by this
16.19 paragraph may be used only for institution management purposes,
16.20 case supervision by parole agents, and to assist law enforcement
16.21 agencies to apprehend juvenile offenders. The commissioner
16.22 shall maintain photographs of juveniles in the same manner as
16.23 juvenile court records and names under this section.
16.24 (d) Traffic investigation reports are open to inspection by
16.25 a person who has sustained physical harm or economic loss as a
16.26 result of the traffic accident. Identifying information on
16.27 juveniles who are parties to traffic accidents may be disclosed
16.28 as authorized under section 13.82, subdivision 4, and accident
16.29 reports required under section 169.09 may be released under
16.30 section 169.09, subdivision 13, unless the information would
16.31 identify a juvenile who was taken into custody or who is
16.32 suspected of committing an offense that would be a crime if
16.33 committed by an adult, or would associate a juvenile with the
16.34 offense, and the offense is not an adult court traffic offense
16.35 under section 260B.225.
16.36 (e) The head of a law enforcement agency or a person
17.1 specifically given the duty by the head of the law enforcement
17.2 agency shall notify the principal superintendent or chief
17.3 administrative officer of a juvenile's school of an incident
17.4 occurring within the agency's jurisdiction if:
17.5 (1) the agency has probable cause to believe that the
17.6 juvenile has committed an offense that would be a crime if
17.7 committed as an adult, that the victim of the offense is a
17.8 student or staff member of the school, and that notice to the
17.9 school is reasonably necessary for the protection of the victim;
17.11 (2) the agency has probable cause to believe that the
17.12 juvenile has committed an offense described in subdivision 3,
17.13 paragraph (a), clauses (1) to (3), that would be a crime if
17.14 committed by an adult, regardless of whether the victim is a
17.15 student or staff member of the school.
17.16 A law enforcement agency is not required to notify the
17.17 school under this paragraph if the agency determines that notice
17.18 would jeopardize an ongoing investigation. Notwithstanding
17.19 section 138.17, data from a notice received from a law
17.20 enforcement agency under this paragraph must be destroyed when
17.21 the juvenile graduates from the school or at the end of the
17.22 academic year when the juvenile reaches age 23, whichever date
17.23 is earlier. For purposes of this paragraph, "school" means a
17.24 public or private elementary, middle, or secondary, or charter
17.26 (f) In any county in which the county attorney operates or
17.27 authorizes the operation of a juvenile prepetition or pretrial
17.28 diversion program, a law enforcement agency or county attorney's
17.29 office may provide the juvenile diversion program with data
17.30 concerning a juvenile who is a participant in or is being
17.31 considered for participation in the program.
17.32 (g) Upon request of a local social services agency, peace
17.33 officer records of children who are or may be delinquent or who
17.34 may be engaged in criminal acts may be disseminated to the
17.35 agency to promote the best interests of the subject of the data.
17.36 (h) Upon written request, the prosecuting authority shall
18.1 release investigative data collected by a law enforcement agency
18.2 to the victim of a criminal act or alleged criminal act or to
18.3 the victim's legal representative, except as otherwise provided
18.4 by this paragraph. Data shall not be released if:
18.5 (1) the release to the individual subject of the data would
18.6 be prohibited under section 13.821; or
18.7 (2) the prosecuting authority reasonably believes:
18.8 (i) that the release of that data will interfere with the
18.9 investigation; or
18.10 (ii) that the request is prompted by a desire on the part
18.11 of the requester to engage in unlawful activities.
18.12 Sec. 13. Minnesota Statutes 2000, section 609.415,
18.13 subdivision 1, is amended to read:
18.14 Subdivision 1. [DEFINITIONS.] As used in sections 609.415
18.15 to 609.465, and 609.515,
18.16 (1) "Public officer" means:
18.17 (a) an executive or administrative officer of the state or
18.18 of a county, municipality or other subdivision or agency of the
18.20 (b) a member of the legislature or of a governing board of
18.21 a county, municipality, or other subdivision of the state, or
18.22 other governmental instrumentality within the state;
18.23 (c) a judicial officer;
18.24 (d) a hearing officer;
18.25 (e) a law enforcement officer; or
18.26 (f) any other person exercising the functions of a public
18.28 (2) "Public employee" means a person employed by or acting
18.29 for the state or a county, municipality, or other subdivision or
18.30 governmental instrumentality of the state for the purpose of
18.31 exercising their respective powers and performing their
18.32 respective duties, and who is not a public officer. Public
18.33 employee includes a member of a charter commission.
18.34 (3) "Judicial officer" means a judge, court commissioner,
18.35 referee, or any other person appointed by a judge or court to
18.36 hear or determine a cause or controversy.
19.1 (4) "Hearing officer" means any person authorized by law or
19.2 private agreement to hear or determine a cause or controversy
19.3 who is not a judicial officer.
19.4 (5) "Political subdivision" means a county, town, statutory
19.5 or home rule charter city, school district, special service
19.6 district, or other municipal corporation of the state of
19.8 Sec. 14. Minnesota Statutes 2000, section 609.456,
19.9 subdivision 1, is amended to read:
19.10 Subdivision 1. [STATE AUDITOR.] Whenever a public employee
19.11 or public officer of a political subdivision or charter
19.12 commission discovers evidence of theft, embezzlement, or
19.13 unlawful use of public funds or property, or misuse of public
19.14 funds by a charter commission or any person authorized to expend
19.15 public funds, the employee or elected official officer shall ,
19.16 except when to do so would knowingly impede or otherwise
19.17 interfere with an ongoing criminal investigation, promptly
19.18 report to law enforcement and shall promptly report in writing
19.19 to the state auditor a detailed description of the alleged
19.20 incident or incidents. Notwithstanding chapter 13 or any other
19.21 statute related to the classification of government data, the
19.22 public employee or public officer shall provide data or
19.23 information related to the alleged incident or incidents to the
19.24 state auditor and law enforcement, including data classified as
19.25 not public."
19.26 Delete the title and insert:
19.27 "A bill for an act
19.28 relating to data practices; regulating the
19.29 dissemination of data between schools, law
19.30 enforcement, and the juvenile justice system;
19.31 requiring public employees and officers to make prompt
19.32 reports of certain unlawful actions; authorizing
19.33 providing certain data to the state auditor for audit
19.34 or law enforcement purposes; imposing criminal
19.35 penalties; amending Minnesota Statutes 2000, sections
19.36 6.715, subdivision 3, by adding a subdivision; 13.32,
19.37 subdivisions 7, 8, by adding a subdivision; 13.43, by
19.38 adding a subdivision; 13.82, subdivision 17; 120A.22,
19.39 subdivision 7; 121A.75; 260B.171, subdivisions 3, 5;
19.40 609.415, subdivision 1; 609.456, subdivision 1;
19.41 Minnesota Statutes 2001 Supplement, section 124D.10,
19.42 subdivision 8."
20.1 We request adoption of this report and repassage of the
20.5 House Conferees:
20.8 ......................... .........................
20.9 Mary Liz Holberg Mark Buesgens
20.13 Jim Davnie
20.18 Senate Conferees:
20.21 ......................... .........................
20.22 David L. Knutson Don Betzold
20.26 Leonard R. Price