Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 278-H.F.No. 826 
           An act relating to the collection and dissemination of 
          data; providing access to private and confidential 
          data related to delinquent acts for purposes of victim 
          restitution; amending Minnesota Statutes 1988, 
          sections 13.84, subdivision 5a; and 260.161, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 13.84, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [PUBLIC BENEFIT DATA.] The responsible authority 
or its designee of a parole or probation authority or 
correctional agency may release private or confidential court 
services data related to:  (1) criminal acts to any law 
enforcement agency, if necessary for law enforcement purposes, 
or; and (2) criminal acts or delinquent acts to the 
victim victims of a criminal act where or delinquent acts to 
the extent that the data are necessary for the victim to assert 
the victim's legal right to restitution.  In the case of 
delinquent acts, the data that may be released include only the 
juvenile's name, address, date of birth, and place of 
employment; the name and address of the juvenile's parents or 
guardians; and the factual part of police reports related to the 
investigation of the delinquent act. 
    Sec. 2.  Minnesota Statutes 1988, section 260.161, 
subdivision 2, is amended to read: 
    Subd. 2.  Except as provided in this subdivision and in 
subdivision 1, and except for legal records arising from 
proceedings that are public under section 260.155, subdivision 
1, none of the records of the juvenile court and none of the 
records relating to an appeal from a nonpublic juvenile court 
proceeding, except the written appellate opinion, shall be open 
to public inspection or their contents disclosed except (a) by 
order of a court or (b) as required by sections 611A.03, 
611A.04, and 611A.06.  The records of juvenile probation 
officers and county home schools are records of the court for 
the purposes of this subdivision.  Court services data relating 
to delinquent acts that are contained in records of the juvenile 
court may be released as allowed under section 13.84, 
subdivision 5a.  This subdivision applies to all proceedings 
under this chapter, including appeals from orders of the 
juvenile court, except that this subdivision does not apply to 
proceedings under section 260.255, 260.261, or 260.315 when the 
proceeding involves an adult defendant.  The court shall 
maintain the confidentiality of adoption files and records in 
accordance with the provisions of laws relating to adoptions.  
In juvenile court proceedings any report or social history 
furnished to the court shall be open to inspection by the 
attorneys of record and the guardian ad litem a reasonable time 
before it is used in connection with any proceeding before the 
court. 
    When a judge of a juvenile court, or duly authorized agent 
of the court, determines under a proceeding under this chapter 
that a child has violated a state or local law, ordinance, or 
regulation pertaining to the operation of a motor vehicle on 
streets and highways, except parking violations, the judge or 
agent shall immediately report the violation to the commissioner 
of public safety.  The report must be made on a form provided by 
the department of public safety and must contain the information 
required under section 169.95. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:05 p.m.