1.1 	A bill for an act
1.2 	relating to public safety; providing for CriMNet data
1.3 	definitions; providing public defender access to
1.4 	criminal justice data; amending Minnesota Statutes
1.5 	2004, sections 13.03, subdivision 4; 299C.65, by
1.6 	adding a subdivision; 611.272; proposing coding for
1.7 	new law in Minnesota Statutes, chapter 13.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 13.03,
1.10 	subdivision 4, is amended to read:
1.11 		Subd. 4.Change in classification of data; effect of
1.12 	dissemination among agencies.  (a) The classification of data in
1.13 	the possession of an agency shall change if it is required to do
1.14 	so to comply with either judicial or administrative rules
1.15 	pertaining to the conduct of legal actions or with a specific
1.16 	statute applicable to the data in the possession of the
1.17 	disseminating or receiving agency.
1.18 	(b) If data on individuals is classified as both private
1.19 	and confidential by this chapter, or any other statute or
1.20 	federal law, the data is private.
1.21 	(c) To the extent that government data is disseminated to
1.22 	state agencies, political subdivisions, or statewide systems by
1.23 	another state agency, political subdivision, or statewide
1.24 	system, the data disseminated shall have the same classification
1.25 	in the hands of the agency receiving it as it had in the hands
1.26 	of the entity providing it.
2.1 	(d) If a state agency, statewide system, or political
2.2 	subdivision disseminates data to another state agency, statewide
2.3 	system, or political subdivision, a classification provided for
2.4 	by law in the hands of the entity receiving the data does not
2.5 	affect the classification of the data in the hands of the entity
2.6 	that disseminates the data.
2.7 	(e) To the extent that judicial branch data is disseminated
2.8 	to government entities by the judicial branch, the data
2.9 	disseminated shall have the same level of accessibility in the
2.10 	hands of the agency receiving it as it had in the hands of the
2.11 	judicial branch entity providing it.

2.12 	Sec. 2. [13.873] CRIMNET DATA CLASSIFICATION.
2.13 	For purposes of this section, the following terms have the
2.14 	meanings given them.
2.15 	(a) "CriMNet" is a statewide system which integrates or
2.16 	interconnects data from multiple criminal justice agency
2.17 	information systems.
2.18 	(b) "CriMNet data" are criminal justice agency data
2.19 	created, collected, used, or maintained in the prevention,
2.20 	investigation, and prosecution of crime, and any resulting
2.21 	criminal justice system response held or accessed by CriMNet.
2.22 	(c) "Audit trail data" are data created, used, or
2.23 	maintained by CriMNet for the purposes of ensuring and verifying
2.24 	that CriMNet was only accessed by authorized persons for
2.25 	authorized purposes.

2.26 	Sec. 3. Minnesota Statutes 2004, section 299C.65, is
2.27 	amended by adding a subdivision to read:
2.28 		Subd. 1a.Data classification. Data held by and
2.29 	accessible through CriMNet is classified under section 13.873.

2.30 	Sec. 4. Minnesota Statutes 2004, section 611.272, is
2.31 	amended to read:
2.32 	611.272 ACCESS TO GOVERNMENT DATA.
2.33 	The district public defender, the state public defender, or
2.34 	an attorney working for a public defense corporation under
2.35 	section 611.216 has access to the criminal justice data
2.36 	communications network described in section 299C.46, as provided
3.1 	in this section.  Access to data under this section is limited
3.2 	to data regarding the public defender's own client as necessary
3.3 	to prepare criminal cases in which the public defender has been
3.4 	appointed, including as follows:
3.5 	(1) access to data about witnesses in a criminal case shall
3.6 	be limited to records of criminal convictions; and 
3.7 	(2) access to data regarding the public defender's own
3.8 	client which includes, but is not limited to, criminal history
3.9 	data under section 13.87; juvenile offender data under section
3.10 	299C.095; warrant information data under section 299C.115;
3.11 	incarceration data under section 299C.14; conditional release
3.12 	data under section 299C.147; and diversion program data under
3.13 	section 299C.46, subdivision 5.
3.14 	The public defender has access to data under this section
3.15 	whether accessed via CriMNet or other methods.The public
3.16 	defender does not have access to law enforcement active
3.17 	investigative data under section 13.82, subdivision 7; data
3.18 	protected under section 13.82, subdivision 17; or confidential
3.19 	arrest warrant indices data under section 13.82, subdivision 19,
3.20 	or to data systems maintained by a prosecuting attorney.  The
3.21 	public defender has access to the data at no charge, except for
3.22 	the monthly network access charge under section 299C.46,
3.23 	subdivision 3, paragraph (b), and a reasonable installation
3.24 	charge for a terminal.  Notwithstanding section 13.87,
3.25 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
3.26 	or any other law to the contrary, there shall be no charge to
3.27 	public defenders for Internet access to the criminal justice
3.28 	data communications network.