Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 357-S.F.No. 1480 
                  An act relating to evidence; fixing the conditions for 
                  the disclosure of certain information subject to the 
                  Minnesota Free Flow of Information Act; amending 
                  Minnesota Statutes 1996, sections 595.023; and 
                  595.024, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 595.023, is 
        amended to read: 
           595.023 [DISCLOSURE PROHIBITED.] 
           Except as provided in section 595.024, no person who is or 
        has been directly engaged in the gathering, procuring, 
        compiling, editing, or publishing of information for the purpose 
        of transmission, dissemination or publication to the public 
        shall be required by any court, grand jury, agency, department 
        or branch of the state, or any of its political subdivisions or 
        other public body, or by either house of the legislature or any 
        committee, officer, member, or employee thereof, to disclose in 
        any proceeding the person or means from or through which 
        information was obtained, or to disclose any unpublished 
        information procured by the person in the course of work or any 
        of the person's notes, memoranda, recording tapes, film or other 
        reportorial data which whether or not it would tend to identify 
        the person or means through which the information was obtained.  
           Sec. 2.  Minnesota Statutes 1996, section 595.024, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE ALLOWED; CONDITIONS.] The application 
        shall be granted only if the court determines after hearing the 
        parties that the person making application, by clear and 
        convincing evidence, has met all three of the following 
        conditions: 
           (1) that there is probable cause to believe that the source 
        has specific information sought (i) is clearly relevant to 
        a specific violation of the law other than a misdemeanor gross 
        misdemeanor or felony, or (ii) is clearly relevant to a 
        misdemeanor so long as the information would not tend to 
        identify the source of the information or the means through 
        which it was obtained, 
           (2) that the information cannot be obtained by any 
        alternative means or remedy remedies less destructive of first 
        amendment rights, and 
           (3) that there is a compelling and overriding interest 
        requiring the disclosure of the information where the disclosure 
        is necessary to prevent injustice.  
           Sec. 3.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 2, 1998 
           Became law without the governor's signature April 6, 1998