language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 402-S.F.No. 2432 An act relating to crimes; requiring cemetery owners to report unlawful removal of bodies to law enforcement authorities and next of kin of the deceased person; prescribing penalties; amending Minnesota Statutes 1988, section 609.502; Minnesota Statutes 1989 Supplement, section 13.82, subdivision 10. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1989 Supplement, section 13.82, subdivision 10, is amended to read: Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement agency may withhold public access to data on individuals to protect the identity of individuals in the following circumstances: (a) When access to the data would reveal the identity of an undercover law enforcement officer; (b) When access to the data would reveal the identity of a victim of criminal sexual conduct or of a violation of section 617.246, subdivision 2; (c) When access to the data would reveal the identity of a paid or unpaid informant being used by the agency if the agency reasonably determines that revealing the identity of the informant would threaten the personal safety of the informant;
or(d) When access to the data would reveal the identity of a victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, and the agency reasonably determines that revealing the identity of the victim or witness would threaten the personal safety or property of the individual; or (e) When access to the data would reveal the identity of a deceased person whose body was unlawfully removed from a cemetery in which it was interred. Sec. 2. Minnesota Statutes 1988, section 609.502, is amended to read: 609.502 [INTERFERENCE WITH DEAD BODY OR SCENE OF DEATH, PENALTY; REPORTING.] Subdivision 1. [CONCEALING EVIDENCE.] Whoever interferes with the body or scene of death with intent to mislead the coroner or conceal evidence is guilty of a gross misdemeanor. Subd. 2. [FAILURE TO REPORT.] (a) A person in charge of a cemetery who has knowledge that the body of a deceased person interred in the cemetery has been unlawfully removed shall: (1) immediately report the occurrence to local law enforcement authorities; and (2) inform the next of kin of the deceased person, if known, within three business days of the discovery of the body's removal unless the person making the report has been instructed in writing by law enforcement authorities that informing the next of kin would compromise an active law enforcement investigation. (b) A person who violates either clause (1) or (2) is guilty of a misdemeanor. Sec. 3. [EFFECTIVE DATE.] Section 2 is effective August 1, 1990, and applies to crimes committed on or after that date. Presented to the governor April 3, 1990 Signed by the governor April 4, 1990, 9:58 p.m.