Minnesota Session Laws - 2022, Regular Session

CHAPTER 59--H.F.No. 2945

An act

relating to data practices; modifying criminal history checks done by cities and counties;

amending Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2, is amended to read:

Subd. 2.

Criminal history check authorized.

(a) The criminal history check authorized by this section shall not be used in place of a statutorily mandated or authorized background check.

(b) An authorized law enforcement agency may conduct a criminal history check of an individual who is an applicant for employment, current employee, applicant for licensure, or current licensee. Prior to conducting the criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.

(c) The authorized law enforcement agency deleted text beginshall not deleted text end new text beginmay new text enddisseminate criminal history data deleted text beginand deleted text end new text beginto either the hiring or licensing authority of the city or county requesting checks for applicants, licensees, or current employees. The authorized law enforcement agency and the hiring or licensing authority of the city or county new text endmust maintain deleted text beginit deleted text end new text begincriminal history data new text endsecurely deleted text beginwith the agency's office deleted text end new text beginand act consistently with section 364.05 new text end. deleted text beginThe authorized law enforcement agency can indicate whether the applicant for employment or applicant for licensure has a criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or would prevent the issuance of a license to the department that issues the license. deleted text end

Presented to the governor May 17, 2022

Signed by the governor May 19, 2022, 1:47 p.m.