Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

SF 235

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2013 08:40am

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

Pdf

Version List Authors and Status

Current Version - 3rd Engrossment

1.1A bill for an act
1.2relating to public safety; requiring timely transmittal of law enforcement, court,
1.3and civil commitment data to certain state and federal searchable databases;
1.4amending Minnesota Statutes 2012, sections 241.301; 253B.24; 299C.10,
1.5subdivisions 1, 3; 299C.11, subdivision 1; 299C.14; 299C.17; 624.713,
1.6subdivision 3, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
1.9241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
1.10FROM OTHER STATES.
1.11    The commissioner of corrections shall establish procedures so that whenever this
1.12state receives an inmate, parolee, or probationer from another state under sections 241.28
1.13to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
1.14are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
1.15into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
1.16of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
1.17format for entry into the searchable database within three business days of receipt if the
1.18data is not entered by the commissioner.

1.19    Sec. 2. Minnesota Statutes 2012, section 253B.24, is amended to read:
1.20253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
1.21BACKGROUND CHECK SYSTEM.
1.22When a court:
1.23(1) commits a person under this chapter as being mentally ill, developmentally
1.24disabled, mentally ill and dangerous, or chemically dependent;
2.1(2) determines in a criminal case that a person is incompetent to stand trial or not
2.2guilty by reason of mental illness; or
2.3(3) restores a person's ability to possess a firearm under section 609.165, subdivision
2.41d
, or 624.713, subdivision 4,
2.5the court shall ensure that this information is electronically transmitted as soon as
2.6practicable within three business days to the National Instant Criminal Background
2.7Check System.

2.8    Sec. 3. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
2.9    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
2.10community corrections agencies operating secure juvenile detention facilities shall take
2.11or cause to be taken immediately finger and thumb prints, photographs, distinctive
2.12physical mark identification data, information on any known aliases or street names, and
2.13other identification data requested or required by the superintendent of the bureau, of
2.14the following:
2.15(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
2.16gross misdemeanor, or targeted misdemeanor;
2.17(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
2.18for, or alleged to have committed felonies or gross misdemeanors as distinguished from
2.19those committed by adult offenders;
2.20(3) adults and juveniles admitted to jails or detention facilities;
2.21(4) persons reasonably believed by the arresting officer to be fugitives from justice;
2.22(5) persons in whose possession, when arrested, are found concealed firearms or
2.23other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
2.24machines, or appliances usable for an unlawful purpose and reasonably believed by the
2.25arresting officer to be intended for such purposes;
2.26(6) juveniles referred by a law enforcement agency to a diversion program for a
2.27felony or gross misdemeanor offense; and
2.28(7) persons currently involved in the criminal justice process, on probation, on
2.29parole, or in custody for any offense whom the superintendent of the bureau identifies as
2.30being the subject of a court disposition record which cannot be linked to an arrest record,
2.31and whose fingerprints are necessary to reduce the number of suspense files, or to comply
2.32with the mandates of section 299C.111, relating to the reduction of the number of suspense
2.33files. This duty to obtain fingerprints for the offenses in suspense at the request of the
2.34bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
3.1while making court appearances, while in custody, or while on any form of probation,
3.2diversion, or supervised release.
3.3(b) Unless the superintendent of the bureau requires a shorter period, within 24
3.4hours of taking the fingerprints and data, the fingerprint records and other identification
3.5data specified under paragraph (a) must be forwarded to the bureau on such forms and in
3.6such electronically entered into a bureau-managed searchable database in a manner as
3.7may be prescribed by the superintendent.
3.8(c) Prosecutors, courts, and probation officers and their agents, employees, and
3.9subordinates shall attempt to ensure that the required identification data is taken on a
3.10person described in paragraph (a). Law enforcement may take fingerprints of an individual
3.11who is presently on probation.
3.12(d) Finger and thumb prints must be obtained no later than:
3.13(1) release from booking; or
3.14(2) if not booked prior to acceptance of a plea of guilty or not guilty.
3.15Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
3.16prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
3.17and thumb prints have not been successfully received by the bureau, an individual may,
3.18upon order of the court, be taken into custody for no more than eight hours so that the
3.19taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
3.20this time period may be extended upon a showing that additional time in custody is
3.21essential for the successful taking of prints.
3.22(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
3.23of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
3.24609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
3.25privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
3.26or 629.75 (domestic abuse no contact order).

3.27    Sec. 4. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
3.28    Subd. 3. Bureau duty. The bureau must enter convert into an electronic format for
3.29entry in the criminal records system finger and thumb prints fingerprints, thumbprints,
3.30and other identification data within five working days three business days after they are
3.31received under this section if the fingerprints, thumbprints, and other identification data
3.32were not electronically entered by a criminal justice agency.

3.33    Sec. 5. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
4.1    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
4.2police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
4.3such finger and thumb prints, photographs, distinctive physical mark identification data,
4.4information on known aliases and street names, and other identification data as may be
4.5requested or required by the superintendent of the bureau, which must be taken under the
4.6provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
4.7identification data to the bureau for individuals found to have been convicted of a felony,
4.8gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
4.9their arrest. When the bureau learns that an individual who is the subject of a background
4.10check has used, or is using, identifying information, including, but not limited to, name
4.11and date of birth, other than those listed on the criminal history, the bureau may add shall
4.12convert into an electronic format, if necessary, and enter into a bureau-managed searchable
4.13database the new identifying information to the criminal history when supported by
4.14fingerprints within three business days of learning the information if the information is
4.15not entered by a law enforcement agency.
4.16(b) No petition under chapter 609A is required if the person has not been convicted
4.17of any felony or gross misdemeanor, either within or without the state, within the period
4.18of ten years immediately preceding the determination of all pending criminal actions or
4.19proceedings in favor of the arrested person, and either of the following occurred:
4.20(1) all charges were dismissed prior to a determination of probable cause; or
4.21(2) the prosecuting authority declined to file any charges and a grand jury did not
4.22return an indictment.
4.23Where these conditions are met, the bureau or agency shall, upon demand, return to
4.24the arrested person finger and thumb prints, photographs, distinctive physical mark
4.25identification data, information on known aliases and street names, and other identification
4.26data, and all copies and duplicates of them.
4.27(c) Except as otherwise provided in paragraph (b), upon the determination of all
4.28pending criminal actions or proceedings in favor of the arrested person, and the granting
4.29of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
4.30thumb prints, photographs, distinctive physical mark identification data, information on
4.31known aliases and street names, and other identification data, and all copies and duplicates
4.32of them if the arrested person has not been convicted of any felony or gross misdemeanor,
4.33either within or without the state, within the period of ten years immediately preceding
4.34such determination.

5.1    Sec. 6. Minnesota Statutes 2012, section 299C.14, is amended to read:
5.2299C.14 INFORMATION ON RELEASED PRISONER.
5.3It shall be the duty of the officials having charge of the penal institutions of the state
5.4or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
5.5require, finger and thumb prints, photographs, distinctive physical mark identification
5.6data, other identification data, modus operandi reports, and criminal records of prisoners
5.7heretofore, now, or hereafter confined in such penal institutions, together with the period
5.8of their service and the time, terms, and conditions of their discharge. This duty to furnish
5.9information includes, but is not limited to, requests for fingerprints as the superintendent of
5.10the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
5.11history files, to reduce the number of suspense files, or to comply with the mandates
5.12of section 299C.111 relating to the reduction of the number of suspense files where a
5.13disposition record is received that cannot be linked to an arrest record. The officials shall
5.14electronically enter the information in a bureau-managed searchable database within 24
5.15hours of a prisoner's date of release or discharge. The bureau shall convert the information
5.16into an electronic format and enter it into the searchable database within three business
5.17days of the date of receipt, if the information is not entered by the officials.

5.18    Sec. 7. Minnesota Statutes 2012, section 299C.17, is amended to read:
5.19299C.17 REPORT BY COURT ADMINISTRATOR.
5.20The superintendent shall have power to require the court administrator of any
5.21county of every court which sentences a defendant for a felony, gross misdemeanor, or
5.22targeted misdemeanor to file with the department, at such time as the superintendent may
5.23designate, electronically transmit within 24 hours of the disposition of the case a report,
5.24upon such in a form as prescribed by the superintendent may prescribe, furnishing such
5.25 providing information as the required by the superintendent may require with regard to
5.26the prosecution and disposition of criminal cases. A copy of the report shall be kept on
5.27file in the office of the court administrator.

5.28    Sec. 8. Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:
5.29    Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
5.30convicted as an extended jurisdiction juvenile for committing, a crime of violence as
5.31defined in section 624.712, subdivision 5, the court shall inform the defendant that the
5.32defendant is prohibited from possessing a pistol or semiautomatic military-style assault
5.33weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
5.34this prohibition. The failure of the court to provide this information to a defendant does
6.1not affect the applicability of the pistol or semiautomatic military-style assault weapon
6.2possession prohibition or the felony penalty to that defendant.
6.3(b) When a person, including a person under the jurisdiction of the juvenile court, is
6.4charged with committing a crime of violence and is placed in a pretrial diversion program
6.5by the court before disposition, the court shall inform the defendant that: (1) the defendant
6.6is prohibited from possessing a pistol or semiautomatic military-style assault weapon
6.7until the person has completed the diversion program and the charge of committing a
6.8crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
6.9prohibition; and (3) if the defendant violates this condition of participation in the diversion
6.10program, the charge of committing a crime of violence may be prosecuted. The failure of
6.11the court to provide this information to a defendant does not affect the applicability of the
6.12pistol or semiautomatic military-style assault weapon possession prohibition or the gross
6.13misdemeanor penalty to that defendant.
6.14(c) A court shall notify a person subject to subdivision 1, clause (3), of the
6.15prohibitions described in that clause and those described in United States Code, title 18,
6.16sections 922(d)(4) and 922(g)(4).
6.17EFFECTIVE DATE.This section is effective August 1, 2013.

6.18    Sec. 9. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
6.19to read:
6.20    Subd. 5. Provision of firearms background check information. (a) When a
6.21court places a person, including a person under the jurisdiction of the juvenile court, who
6.22is charged with committing a crime of violence into a pretrial diversion program before
6.23disposition, the court must ensure that information regarding the person's placement in
6.24that program and the ordered expiration date of that placement is transmitted as soon as
6.25practicable to the National Instant Criminal Background Check System. When a person
6.26successfully completes or discontinues the program, the prosecuting attorney must also
6.27report that fact within 24 hours of receipt to the National Instant Criminal Background
6.28Check System.
6.29(b) The court must report the conviction and duration of the firearms disqualification
6.30imposed as soon as practicable to the National Instant Criminal Background Check
6.31System when a person is convicted of a gross misdemeanor that disqualifies the person
6.32from possessing firearms under the following sections:
6.33(1) 518B.01, subdivision 14;
6.34(2) 609.224, subdivision 3;
6.35(3) 609.2242, subdivision 3;
7.1(4) 609.749, subdivision 8;
7.2(5) 624.713, subdivision 1, clause (11); or
7.3(6) 629.715, subdivision 2.
7.4(c) If the court reports a firearms disqualification based on a charge of violating an
7.5offense listed in paragraph (b), the court must provide notice of the disposition of the charge
7.6to the National Instant Criminal Background Check System within three business days.
7.7EFFECTIVE DATE.This section is effective August 1, 2013.

7.8    Sec. 10. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
7.9(a) By July 1, 2014, a court shall electronically enter into the National Instant
7.10Criminal Background Check System information on all persons civilly committed during
7.11the period from January 1, 1994, to September 28, 2010, that has not already been
7.12entered in the system. The information provided under this paragraph must include civil
7.13commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
7.14section 624.713, subdivision 4.
7.15(b) By September 1, 2013, courts and law enforcement agencies shall electronically
7.16enter into a Bureau of Criminal Apprehension-managed database information on all
7.17persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that has
7.18not already been entered into a searchable database. The bureau shall convert into an
7.19electronic format and enter into the searchable database, within three business days of
7.20receipt of the data, all data received from a court or law enforcement agency that is not
7.21entered by the court or agency into a bureau-managed searchable database.
7.22(c) The governor or commissioner of public safety may extend the time for entering
7.23information of prior civil commitments and felony convictions under paragraphs (a) and
7.24(b) for a period not to exceed 60 days for good cause shown.

7.25    Sec. 11. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
7.26GROUP.
7.27The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
7.28and ranking minority members of the house of representatives and senate committees
7.29having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
7.30search capabilities of the Bureau of Criminal Apprehension-managed databases and
7.31recommend how the search capabilities of the databases may be improved with, among
7.32other proposals, an increase in the number of identification data for each person included
7.33in the databases. The group shall also report on the progress made on reducing the number
7.34of bureau suspense files and recommendations to facilitate the reduction of these files. The
8.1group, in consultation with the revisor of statutes, shall review existing law relating to the
8.2timely transmittal and entry of data and propose legislation for the 2014 legislative session
8.3that clarifies, conforms, implements, and resolves any conflicts with this act.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569