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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 29-S.F.No. 229 
                  An act relating to government data practices; medical 
                  examiner data; allowing sharing of such data with a 
                  state or federal agency charged with investigating a 
                  death; amending Minnesota Statutes 1994, section 
                  13.83, subdivisions 4 and 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 13.83, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INVESTIGATIVE DATA.] Data created or collected 
        by a county coroner or medical examiner which is part of an 
        active investigation mandated by chapter 390, or any other 
        general or local law relating to coroners or medical examiners 
        is confidential data or protected nonpublic data, until the 
        completion of the coroner's or medical examiner's final summary 
        of findings at which point but may be disclosed to a state or 
        federal agency charged by law with investigating the death of 
        the deceased individual about whom the medical examiner or 
        coroner has medical examiner data.  Upon completion of the 
        coroner's or medical examiner's final summary of findings, the 
        data collected in the investigation and the final 
        summary thereof shall become of it are private or nonpublic 
        data, unless.  However, if the final summary and the death 
        certificate indicate the manner of death is homicide, 
        undetermined, or pending investigation and there is an active 
        law enforcement investigation, within the meaning of section 
        13.82, subdivision 5, relating to the death of the deceased 
        individual.  If there is an active law enforcement investigation 
        of a possible homicide, the data remain confidential or 
        protected nonpublic.  However, Upon review by the county 
        attorney of the jurisdiction in which the law enforcement 
        investigation is active, the data may be released to persons 
        described in subdivision 8 if the county attorney determines 
        release would not impede the ongoing investigation.  When the 
        law enforcement investigation becomes inactive, the data shall 
        become are private or nonpublic data.  Nothing in this 
        subdivision shall be construed to make not public the data 
        elements identified in subdivision 2 at any point in the 
        investigation or thereafter.  
           Sec. 2.  Minnesota Statutes 1994, section 13.83, 
        subdivision 5, is amended to read: 
           Subd. 5.  [OTHER DATA.] All other medical examiner data on 
        deceased individuals are nonpublic and shall not be disclosed 
        except: 
           (1)  pursuant to the provisions of chapter 390, or any 
        other general or local law on county coroners or medical 
        examiners,; 
           (2) to a state or federal agency charged by law with 
        investigating the death of the deceased individual about whom 
        the medical examiner or coroner has medical examiner data; or 
           (3) pursuant to a valid court order. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor March 31, 1995 
           Signed by the governor March 31, 1995, 10:40 a.m.