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2002 Minnesota Session Laws

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                            CHAPTER 352-H.F.No. 2618 
                  An act relating to data practices; regulating the 
                  dissemination of data between schools, law 
                  enforcement, and the juvenile justice system; 
                  requiring public employees and officers to make prompt 
                  reports of certain unlawful actions; authorizing 
                  providing certain data to the state auditor for audit 
                  or law enforcement purposes; imposing criminal 
                  penalties; amending Minnesota Statutes 2000, sections 
                  6.715, subdivision 3, by adding a subdivision; 13.32, 
                  subdivisions 7, 8, by adding a subdivision; 13.43, by 
                  adding a subdivision; 13.82, subdivision 17; 120A.22, 
                  subdivision 7; 121A.75; 260B.171, subdivisions 3, 5; 
                  609.415, subdivision 1; 609.456, subdivision 1; 
                  Minnesota Statutes 2001 Supplement, section 124D.10, 
                  subdivision 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 6.715, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LAW ENFORCEMENT.] Notwithstanding any provision 
        to the contrary in subdivision 2, chapter 13, or any other 
        statute related to the classification of government data, the 
        state auditor may share data relating to an audit with 
        appropriate local law enforcement agencies, including data 
        classified as not public. 
           Sec. 2.  Minnesota Statutes 2000, section 6.715, is amended 
        by adding a subdivision to read: 
           Subd. 4.  [ACCESS TO DATA.] It is not a violation of 
        chapter 13 or any other statute related to the classification of 
        government data for a state agency, statewide system, or 
        political subdivision, as defined in section 13.02, to provide 
        data or information to the state auditor, including data 
        classified as not public, for the purpose of an audit or 
        pursuant to section 609.456, subdivision 1. 
           Sec. 3.  Minnesota Statutes 2000, section 13.32, 
        subdivision 7, is amended to read: 
           Subd. 7.  [USES OF DATA.] School officials who receive data 
        on juveniles, as authorized under sections section 260B.171 and 
        260C.171, may use and share that data within the school district 
        or educational entity as necessary to protect persons and 
        property or to address the educational and other needs of 
        students as provided in section 121A.75.  A school district, its 
        agents, and employees who use and share this data in good faith 
        are immune from civil or criminal liability that might otherwise 
        result from their actions. 
           Sec. 4.  Minnesota Statutes 2000, section 13.32, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
        request, the following education data shall be disclosed under 
        subdivision 3, clause (i), to the juvenile justice system:  a 
        student's full name, home address, telephone number, date of 
        birth; a student's school schedule, attendance record, and 
        photographs, if any; and parents' names, home addresses, and 
        telephone numbers.  
           (b) In addition, the existence of the following data on 
        behavior by about a student who is on probation may be disclosed 
        under subdivision 3, clause (i) or (1), to the juvenile justice 
        system: 
           (1) use of a controlled substance, alcohol, or tobacco; 
           (2) assaultive or threatening conduct that could result in 
        dismissal from school under section 121A.45, subdivision 2, 
        clause (b) or (c); 
           (3) possession or use of weapons or look-alike weapons; 
           (4) participation in gang activity as defined by the 
        criminal gang oversight council under section 299A.64, 
        subdivision 2, paragraph (b); 
           (5) theft; or 
           (6) (5) vandalism or other damage to property. 
           Any request for access to data under this paragraph must 
        contain an explanation of why access to the data is necessary to 
        serve the student or to protect students or staff. 
           (c) A superintendent of a school district principal or 
        chief administrative officer of a school who discloses receives 
        a request to disclose information about a student to the 
        juvenile justice system under this paragraph (b) shall, to the 
        extent permitted by federal law, notify the student's parent or 
        guardian by certified mail of the disclosure request to disclose 
        information before disclosing the information.  If the student's 
        parent or guardian notifies the principal or chief 
        administrative officer within ten days of receiving the 
        certified notice that the parent or guardian objects to the 
        disclosure, the principal or chief administrative officer must 
        not disclose the information.  The principal or chief 
        administrative officer must inform the requesting member of the 
        juvenile justice system of the objection. 
           (d) A principal or chief administrative officer is not 
        required to create data under this subdivision.  Information 
        provided in response to a data request under paragraph (b) shall 
        indicate only whether the data described in paragraph (b) 
        exist.  The principal or chief administrative officer is not 
        authorized under paragraph (b) to disclose the actual data or 
        other information contained in the student's education record.  
        A principal or chief administrative officer is not required to 
        provide data that are protected by court order.  A principal or 
        chief administrative officer must respond to a data request 
        within 14 days if no objection is received from the parent or 
        guardian. 
           (e) Nothing in this subdivision shall limit the disclosure 
        of educational data pursuant to court order. 
           (f) A school district, its agents, and employees who 
        provide data in good faith under this subdivision are not liable 
        for compensatory or exemplary damages or an award of attorney 
        fees in an action under section 13.08, or other law, or for a 
        penalty under section 13.09. 
           (g) Section 13.03, subdivision 4, applies to data that are 
        shared under this subdivision with a government entity.  If data 
        are shared with a member of the juvenile justice system who is 
        not a government entity, the person receiving the shared data 
        must treat the data consistent with the requirements of this 
        chapter applicable to a government entity.  
           (h) A member of the juvenile justice system who falsely 
        certifies a request for data under this section is subject to 
        the penalties under section 13.09.  
           Sec. 5.  Minnesota Statutes 2000, section 13.32, is amended 
        by adding a subdivision to read: 
           Subd. 9.  [FORMS.] To make a data request under subdivision 
        8, paragraph (b), a member of the juvenile justice system must 
        use the following form: 
                           REQUEST FOR INFORMATION 
                 Family Educational Rights and Privacy Act/ 
                    Minnesota Government Data Practices Act 
        DATE/TIME OF REQUEST ............................ 
        TO:  ........................................ 
                 (Superintendent of school district 
                  or chief administrative officer of school) 
        FROM:    ........................................ 
                 (Requester's name/agency) 
        STUDENT:  ....................................... 
        BASIS FOR REQUEST 
         ... Juvenile delinquency investigation/prosecution 
         ... Child protection assessment/investigation 
         ... Investigation/filing of CHIPS or delinquency 
             petition 
        REASON FOR REQUEST (requester must describe why information 
        regarding existence of the data marked below is necessary to 
        effectively serve the student)...................................
        .................................................................
        .................................................................
        .................................................................
        RESPONSE TO REQUEST 
           The school must indicate whether it has data on the student 
        that document any activity or behavior marked by the requester.  
        INFORMATION REQUESTED (mark all that apply)             RESPONSE
        Indicate whether you have data
        that document the student's:                         (yes or no)
         ... use of a controlled substance, alcohol, 
             or tobacco                                            ....
         ... assaultive or threatening conduct as defined 
             in Minnesota Statutes, section 13.32, 
             subdivision 8                                         ....
         ... possession or use of weapons or look-alike 
             weapons                                               ....
         ... theft                                                 ....
         ... vandalism and damage to property                      ....
        CERTIFICATION:  The undersigned certifies that the undersigned 
        is a member of the juvenile justice system.  The requested data 
        are needed by the juvenile justice system so it may effectively 
        serve, prior to adjudication, the student whose records are 
        released.  The undersigned will not disclose the information 
        received to any other party, except as provided under state law, 
        without prior written consent as required by Code of Federal 
        Regulations, title 34, section 99.38(b).  The undersigned 
        further certifies that the undersigned understands that by 
        signing this request, the undersigned is subject to the 
        penalties in Minnesota Statutes, section 13.09. 
        .......................................................
        Signature/Title
           Sec. 6.  Minnesota Statutes 2000, section 13.43, is amended 
        by adding a subdivision to read: 
           Subd. 15.  [DISSEMINATION OF DATA TO LAW ENFORCEMENT.] 
        Private personnel data, or data on employees that are 
        confidential data under section 13.39, may be disseminated to a 
        law enforcement agency for the purpose of reporting a crime or 
        alleged crime committed by an employee, or for the purpose of 
        assisting law enforcement in the investigation of a crime 
        committed or allegedly committed by an employee. 
           Sec. 7.  Minnesota Statutes 2000, section 13.82, 
        subdivision 17, is amended to read: 
           Subd. 17.  [PROTECTION OF IDENTITIES.] A law enforcement 
        agency or a law enforcement dispatching agency working under 
        direction of a law enforcement agency shall 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, as provided in section 
        13.43, subdivision 5; 
           (b) when access to the data would reveal the identity of a 
        victim or alleged 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; 
           (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, unless the 
        agency reasonably determines that revealing the identity of the 
        victim or witness would not threaten the personal safety or 
        property of the individual; 
           (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; 
           (f) when access to the data would reveal the identity of a 
        person who placed a call to a 911 system or the identity or 
        telephone number of a service subscriber whose phone is used to 
        place a call to the 911 system and:  (1) the agency determines 
        that revealing the identity may threaten the personal safety or 
        property of any person; or (2) the object of the call is to 
        receive help in a mental health emergency.  For the purposes of 
        this paragraph, a voice recording of a call placed to the 911 
        system is deemed to reveal the identity of the caller; 
           (g) when access to the data would reveal the identity of a 
        juvenile witness and the agency reasonably determines that the 
        subject matter of the investigation justifies protecting the 
        identity of the witness; or 
           (h) when access to the data would reveal the identity of a 
        mandated reporter under sections section 609.456, 626.556 and, 
        or 626.557. 
           Data concerning individuals whose identities are protected 
        by this subdivision are private data about those individuals.  
        Law enforcement agencies shall establish procedures to acquire 
        the data and make the decisions necessary to protect the 
        identity of individuals described in clauses (c), (d), (f), and 
        (g). 
           Sec. 8.  Minnesota Statutes 2000, section 120A.22, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EDUCATION RECORDS.] (a) A district from which a 
        student is transferring must transmit the student's educational 
        records, within ten business days of a request, to the district 
        in which the student is enrolling.  Districts must make 
        reasonable efforts to determine the district in which a 
        transferring student is next enrolling in order to comply with 
        this subdivision. 
           (b) A school district that transmits a student's 
        educational records to another school district or other 
        educational entity to which the student is transferring must 
        include in the transmitted records information about 
        disciplinary action taken as a result of any incident in which 
        the student possessed or used a dangerous weapon. 
           (c) Notwithstanding section 138.17, a principal or chief 
        administrative officer must remove from a student's educational 
        record and destroy a probable cause notice received under 
        section 260B.171, subdivision 5, or paragraph (d), if one year 
        has elapsed since the date of the notice and the principal or 
        chief administrative officer has not received a disposition or 
        court order related to the offense described in the notice.  
        This paragraph does not apply if the student no longer attends 
        the school when this one-year period expires.  
           (d) A principal or chief administrative officer who 
        receives a probable cause notice under section 260B.171, 
        subdivision 5, or a disposition or court order, must include a 
        copy of that data in the student's educational records if they 
        are transmitted to another school, unless the data are required 
        to be destroyed under paragraph (c) or section 121A.75.  
           Sec. 9.  Minnesota Statutes 2000, section 121A.75, is 
        amended to read: 
           121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section "principal" means a principal or other person having 
        general administrative control and supervision of a school. 
           (b) For purposes of this section, "school" means a public 
        school under section 120A.22, subdivision 4; a nonpublic school 
        under section 120A.22, subdivision 4, that elects to comply with 
        this section; and a charter school under section 124D.10, but 
        does not mean a home school. 
           Subd. 2.  [DISPOSITION ORDERS.] (a) On receipt of a 
        disposition order under section 260B.171, subdivision 3, the 
        superintendent of the student's school district or chief 
        administrative officer of the student's school must immediately 
        transmit the order to the principal of the school where the 
        student is in attendance.  The principal must place the 
        disposition order in the student's permanent education record.  
        The principal must also immediately notify any counselor 
        directly supervising or reporting on the behavior or progress of 
        the student.  In addition, the principal must immediately notify 
        any teacher or administrator who directly supervises or reports 
        on the behavior or progress of the student whom the principal 
        believes needs the data to work with the student in an 
        appropriate manner, to avoid being needlessly vulnerable, or to 
        protect other persons from needless vulnerability.  The 
        principal may also notify other district employees, substitutes, 
        and volunteers who are in direct contact with the student, if 
        they determine these individuals need the data to work with the 
        student in an appropriate manner, to avoid being needlessly 
        vulnerable, or to protect other persons from needless 
        vulnerability.  When provided in the disposition order, the 
        notice given under this paragraph by the principal must identify 
        the student, outline the offense, and describe any conditions of 
        probation about which the school must provide information.  
           (c) (b) Information received under this subdivision is 
        private data on individuals as defined in section 13.32 and is 
        received for the limited purpose of serving the educational 
        needs of the student and protecting students or staff.  The data 
        may not be further disseminated by the teacher, counselor, staff 
        member, administrator, substitute, or volunteer;, except as 
        necessary to serve the student, to protect students or staff, or 
        as otherwise required by law, and only to the following persons: 
           (1) the student; or 
           (2) the student's parent or guardian; 
           (3) law enforcement officers; or 
           (4) the student's probation officer. 
           (d) (c) If a student is removed from school as part of the 
        disposition order, the superintendent of the student's school 
        district or chief administrative officer of the student's school 
        must maintain the copy of the order in a secure file and shall 
        notify the principal when the student is returned to school.  If 
        the student is returned to a different school district or 
        school, the student's probation officer must send a copy of the 
        disposition order to the superintendent of the new school 
        district or the chief administrative officer of the new school. 
           (e) (d) The disposition order must be included if the 
        student's permanent education record is released to another 
        school district or educational entity to which the student is 
        transferring under section 120A.22, subdivision 7. 
           (f) (e) Notwithstanding section 138.17, a disposition order 
        received under section 260B.171, subdivision 3, paragraph (a), 
        must be destroyed when the student graduates from school or at 
        the end of the school year in which the student reaches age 23, 
        whichever is earlier.  A disposition order received under 
        section 260B.171, subdivision 3, paragraph (b), must be 
        destroyed when the student is discharged from probation.  
           Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) A law 
        enforcement agency must transmit the notice required by section 
        260B.171, subdivision 5, to the superintendent of the student's 
        school district who must immediately transmit the notice to the 
        principal of the school the student attends, or to the principal 
        of the school the student attends if there is no 
        superintendent.  The principal must place the notice in the 
        student's educational record.  The principal must immediately 
        notify any teacher, counselor, or administrator directly 
        supervising the student who the principal believes needs the 
        data to work with the student in an appropriate manner, to avoid 
        being needlessly vulnerable, or to protect other persons from 
        needless vulnerability.  The principal may also notify other 
        district employees, substitutes, or volunteers who are in direct 
        contact with the student if the principal determines these 
        individuals need the data to work with the juvenile in an 
        appropriate manner, to avoid being needlessly vulnerable, or to 
        protect other persons from needless vulnerability.  When 
        provided in the peace officer notice, the notice from the 
        principal must identify the student and describe the alleged 
        offense. 
           (b) Data received under this subdivision are private data 
        on individuals under section 13.32 and are received for the 
        limited purpose of serving the student's educational needs and 
        protecting students or staff.  The teacher, counselor, staff 
        member, administrator, substitute, or volunteer must not further 
        disseminate the data, except to communicate with the student or 
        the student's parent or guardian as needed to serve the student, 
        protect students or staff, or as otherwise required by law.  
           (c) The principal must include the notice in the student's 
        educational record as required by section 120A.22, subdivision 7.
           (d) If the county attorney determines not to proceed with a 
        petition alleging any offense in section 260B.171, subdivision 
        3, paragraph (a), clauses (1) to (3), or directs the student 
        into a diversion or mediation program, the county attorney must 
        notify the superintendent of the student's school district who 
        must immediately transmit the notice to the principal of the 
        school the student attends, or to the principal of the school 
        that the student attends if there is no superintendent.  The 
        notice must contain the name of the student and a summary of the 
        resolution of the case.  Notwithstanding section 138.17, the 
        principal must delete the peace officer's report and notice from 
        the student's educational record and destroy the data and make 
        reasonable efforts to notify any teacher, counselor, staff 
        member, administrator, substitute, or volunteer who received 
        data from the peace officer notice.  
           (e) If the juvenile court makes a decision on a petition 
        that alleges any offense in section 260B.171, subdivision 3, 
        paragraph (a), clauses (1) to (3), and the decision affects a 
        student and is not a disposition order, the court must notify 
        the superintendent of the student's school district who must 
        immediately transmit the notice to the principal of the school 
        the student attends, or to the principal of the school that the 
        student attends if there is no superintendent, of the decision.  
        Notwithstanding section 138.17, the principal must delete the 
        peace officer's report and notice from the student's educational 
        record and destroy the data and make reasonable efforts to 
        notify any teacher, counselor, staff member, administrator, 
        substitute, or volunteer who received data from the peace 
        officer notice.  
           (f) In addition to the data destruction requirements of 
        this subdivision, a principal must comply with the requirements 
        of section 120A.22, subdivision 7.  
           Sec. 10.  Minnesota Statutes 2001 Supplement, section 
        124D.10, subdivision 8, is amended to read: 
           Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
        school shall meet all applicable state and local health and 
        safety requirements. 
           (b) A school sponsored by a school board may be located in 
        any district, unless the school board of the district of the 
        proposed location disapproves by written resolution.  
           (c) A charter school must be nonsectarian in its programs, 
        admission policies, employment practices, and all other 
        operations.  A sponsor may not authorize a charter school or 
        program that is affiliated with a nonpublic sectarian school or 
        a religious institution. 
           (d) Charter schools must not be used as a method of 
        providing education or generating revenue for students who are 
        being home-schooled. 
           (e) The primary focus of a charter school must be to 
        provide a comprehensive program of instruction for at least one 
        grade or age group from five through 18 years of age.  
        Instruction may be provided to people younger than five years 
        and older than 18 years of age. 
           (f) A charter school may not charge tuition. 
           (g) A charter school is subject to and must comply with 
        chapter 363 and section 121A.04. 
           (h) A charter school is subject to and must comply with the 
        Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
        Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
           (i) A charter school is subject to the same financial 
        audits, audit procedures, and audit requirements as a district.  
        Audits must be conducted in compliance with generally accepted 
        governmental auditing standards, the Federal Single Audit Act, 
        if applicable, and section 6.65.  A charter school is subject to 
        and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
        118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
        471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
        4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
        comply with the requirements of sections 123B.75 to 123B.83, 
        except to the extent deviations are necessary because of the 
        program at the school.  Deviations must be approved by the 
        commissioner.  The department of children, families, and 
        learning, state auditor, or legislative auditor may conduct 
        financial, program, or compliance audits.  A charter school 
        determined to be in statutory operating debt under sections 
        123B.81 to 123B.83 must submit a plan under section 123B.81, 
        subdivision 4. 
           (j) A charter school is a district for the purposes of tort 
        liability under chapter 466. 
           (k) A charter school must comply with sections 13.32; 
        120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 
        and 5.  
           Sec. 11.  Minnesota Statutes 2000, section 260B.171, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
        juvenile is enrolled in school, the juvenile's probation officer 
        shall transmit a copy of the court's disposition order to the 
        superintendent of the juvenile's school district or the chief 
        administrative officer of the juvenile's school if the juvenile 
        has been adjudicated delinquent for committing an act on the 
        school's property or an act: 
           (1) that would be a violation of section 609.185 
        (first-degree murder); 609.19 (second-degree murder); 609.195 
        (third-degree murder); 609.20 (first-degree manslaughter); 
        609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
        homicide and injury); 609.221 (first-degree assault); 609.222 
        (second-degree assault); 609.223 (third-degree assault); 
        609.2231 (fourth-degree assault); 609.224 (fifth-degree 
        assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
        609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
        (false imprisonment); 609.342 (first-degree criminal sexual 
        conduct); 609.343 (second-degree criminal sexual conduct); 
        609.344 (third-degree criminal sexual conduct); 609.345 
        (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
        criminal sexual conduct); 609.498 (tampering with a witness); 
        609.561 (first-degree arson); 609.582, subdivision 1 or 2 
        (burglary); 609.713 (terroristic threats); or 609.749 
        (harassment and stalking), if committed by an adult; 
           (2) that would be a violation of section 152.021 
        (first-degree controlled substance crime); 152.022 
        (second-degree controlled substance crime); 152.023 
        (third-degree controlled substance crime); 152.024 
        (fourth-degree controlled substance crime); 152.025 
        (fifth-degree controlled substance crime); 152.0261 (importing a 
        controlled substance); or 152.027 (other controlled substance 
        offenses), if committed by an adult; or 
           (3) that involved the possession or use of a dangerous 
        weapon as defined in section 609.02, subdivision 6. 
           When a disposition order is transmitted under this 
        subdivision, the probation officer shall notify the juvenile's 
        parent or legal guardian that the disposition order has been 
        shared with the juvenile's school. 
           (b) In addition, the juvenile's probation officer may 
        transmit a copy of the court's disposition order to the 
        superintendent of the juvenile's school district or the chief 
        administrative officer of the juvenile's school if the juvenile 
        has been adjudicated delinquent for offenses not listed in 
        paragraph (a) and placed on probation.  The probation officer 
        shall notify the superintendent or chief administrative officer 
        when the juvenile is discharged from probation.  
           (c) The disposition order must be accompanied by a notice 
        to the school that the school may obtain additional information 
        from the juvenile's probation officer with the consent of the 
        juvenile or the juvenile's parents, as applicable.  The 
        disposition order must be maintained, shared, or released only 
        as provided in section 121A.07 121A.75. 
           (d) The juvenile's probation officer shall maintain a 
        record of disposition orders released under this subdivision and 
        the basis for the release. 
           (e) No later than September 1, 2002, the criminal and 
        juvenile justice information policy group, in consultation with 
        representatives of probation officers and educators, shall 
        prepare standard forms for use by juvenile probation officers in 
        forwarding information to schools under this subdivision and in 
        maintaining a record of the information that is released.  The 
        group shall provide a copy of any forms or procedures developed 
        under this paragraph to the legislature by January 15, 2003. 
           (f) As used in this subdivision, "school" means a charter 
        school or a school as defined in section 120A.22, subdivision 4, 
        except a home school. 
           Sec. 12.  Minnesota Statutes 2000, section 260B.171, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
        for records relating to an offense where proceedings are public 
        under section 260B.163, subdivision 1, peace officers' records 
        of children who are or may be delinquent or who may be engaged 
        in criminal acts shall be kept separate from records of persons 
        18 years of age or older and are private data but shall be 
        disseminated:  (1) by order of the juvenile court, (2) as 
        required by section 121A.28, (3) as authorized under section 
        13.82, subdivision 2, (4) to the child or the child's parent or 
        guardian unless disclosure of a record would interfere with an 
        ongoing investigation, (5) to the Minnesota crime victims 
        reparations board as required by section 611A.56, subdivision 2, 
        clause (f), for the purpose of processing claims for crime 
        victims reparations, or (6) as otherwise provided in this 
        subdivision.  Except as provided in paragraph (c), no 
        photographs of a child taken into custody may be taken without 
        the consent of the juvenile court unless the child is alleged to 
        have violated section 169A.20.  Peace officers' records 
        containing data about children who are victims of crimes or 
        witnesses to crimes must be administered consistent with section 
        13.82, subdivisions 2, 3, 4, and 10.  Any person violating any 
        of the provisions of this subdivision shall be guilty of a 
        misdemeanor. 
           In the case of computerized records maintained about 
        juveniles by peace officers, the requirement of this subdivision 
        that records about juveniles must be kept separate from adult 
        records does not mean that a law enforcement agency must keep 
        its records concerning juveniles on a separate computer system.  
        Law enforcement agencies may keep juvenile records on the same 
        computer as adult records and may use a common index to access 
        both juvenile and adult records so long as the agency has in 
        place procedures that keep juvenile records in a separate place 
        in computer storage and that comply with the special data 
        retention and other requirements associated with protecting data 
        on juveniles. 
           (b) Nothing in this subdivision prohibits the exchange of 
        information by law enforcement agencies if the exchanged 
        information is pertinent and necessary for law enforcement 
        purposes. 
           (c) A photograph may be taken of a child taken into custody 
        pursuant to section 260B.175, subdivision 1, clause (b), 
        provided that the photograph must be destroyed when the child 
        reaches the age of 19 years.  The commissioner of corrections 
        may photograph juveniles whose legal custody is transferred to 
        the commissioner.  Photographs of juveniles authorized by this 
        paragraph may be used only for institution management purposes, 
        case supervision by parole agents, and to assist law enforcement 
        agencies to apprehend juvenile offenders.  The commissioner 
        shall maintain photographs of juveniles in the same manner as 
        juvenile court records and names under this section. 
           (d) Traffic investigation reports are open to inspection by 
        a person who has sustained physical harm or economic loss as a 
        result of the traffic accident.  Identifying information on 
        juveniles who are parties to traffic accidents may be disclosed 
        as authorized under section 13.82, subdivision 4, and accident 
        reports required under section 169.09 may be released under 
        section 169.09, subdivision 13, unless the information would 
        identify a juvenile who was taken into custody or who is 
        suspected of committing an offense that would be a crime if 
        committed by an adult, or would associate a juvenile with the 
        offense, and the offense is not an adult court traffic offense 
        under section 260B.225. 
           (e) The head of a law enforcement agency or a person 
        specifically given the duty by the head of the law enforcement 
        agency shall notify the principal superintendent or chief 
        administrative officer of a juvenile's school of an incident 
        occurring within the agency's jurisdiction if: 
           (1) the agency has probable cause to believe that the 
        juvenile has committed an offense that would be a crime if 
        committed as an adult, that the victim of the offense is a 
        student or staff member of the school, and that notice to the 
        school is reasonably necessary for the protection of the victim; 
        or 
           (2) the agency has probable cause to believe that the 
        juvenile has committed an offense described in subdivision 3, 
        paragraph (a), clauses (1) to (3), that would be a crime if 
        committed by an adult, regardless of whether the victim is a 
        student or staff member of the school. 
           A law enforcement agency is not required to notify the 
        school under this paragraph if the agency determines that notice 
        would jeopardize an ongoing investigation.  Notwithstanding 
        section 138.17, data from a notice received from a law 
        enforcement agency under this paragraph must be destroyed when 
        the juvenile graduates from the school or at the end of the 
        academic year when the juvenile reaches age 23, whichever date 
        is earlier.  For purposes of this paragraph, "school" means a 
        public or private elementary, middle, or secondary, or charter 
        school. 
           (f) In any county in which the county attorney operates or 
        authorizes the operation of a juvenile prepetition or pretrial 
        diversion program, a law enforcement agency or county attorney's 
        office may provide the juvenile diversion program with data 
        concerning a juvenile who is a participant in or is being 
        considered for participation in the program. 
           (g) Upon request of a local social services agency, peace 
        officer records of children who are or may be delinquent or who 
        may be engaged in criminal acts may be disseminated to the 
        agency to promote the best interests of the subject of the data. 
           (h) Upon written request, the prosecuting authority shall 
        release investigative data collected by a law enforcement agency 
        to the victim of a criminal act or alleged criminal act or to 
        the victim's legal representative, except as otherwise provided 
        by this paragraph.  Data shall not be released if: 
           (1) the release to the individual subject of the data would 
        be prohibited under section 13.821; or 
           (2) the prosecuting authority reasonably believes: 
           (i) that the release of that data will interfere with the 
        investigation; or 
           (ii) that the request is prompted by a desire on the part 
        of the requester to engage in unlawful activities.  
           Sec. 13.  Minnesota Statutes 2000, section 609.415, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in sections 609.415 
        to 609.465, and 609.515, 
           (1) "Public officer" means: 
           (a) an executive or administrative officer of the state or 
        of a county, municipality or other subdivision or agency of the 
        state; 
           (b) a member of the legislature or of a governing board of 
        a county, municipality, or other subdivision of the state, or 
        other governmental instrumentality within the state; 
           (c) a judicial officer; 
           (d) a hearing officer; 
           (e) a law enforcement officer; or 
           (f) any other person exercising the functions of a public 
        officer.  
           (2) "Public employee" means a person employed by or acting 
        for the state or a county, municipality, or other subdivision or 
        governmental instrumentality of the state for the purpose of 
        exercising their respective powers and performing their 
        respective duties, and who is not a public officer.  Public 
        employee includes a member of a charter commission.  
           (3) "Judicial officer" means a judge, court commissioner, 
        referee, or any other person appointed by a judge or court to 
        hear or determine a cause or controversy. 
           (4) "Hearing officer" means any person authorized by law or 
        private agreement to hear or determine a cause or controversy 
        who is not a judicial officer. 
           (5) "Political subdivision" means a county, town, statutory 
        or home rule charter city, school district, special service 
        district, or other municipal corporation of the state of 
        Minnesota. 
           Sec. 14.  Minnesota Statutes 2000, section 609.456, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STATE AUDITOR.] Whenever a public employee 
        or public officer of a political subdivision or charter 
        commission discovers evidence of theft, embezzlement, or 
        unlawful use of public funds or property, or misuse of public 
        funds by a charter commission or any person authorized to expend 
        public funds, the employee or elected official officer shall, 
        except when to do so would knowingly impede or otherwise 
        interfere with an ongoing criminal investigation, promptly 
        report to law enforcement and shall promptly report in writing 
        to the state auditor a detailed description of the alleged 
        incident or incidents.  Notwithstanding chapter 13 or any other 
        statute related to the classification of government data, the 
        public employee or public officer shall provide data or 
        information related to the alleged incident or incidents to the 
        state auditor and law enforcement, including data classified as 
        not public. 
           Presented to the governor April 30, 2002 
           Signed by the governor May 1, 2002, 2:36 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569