1.1 	A bill for an act
1.2 	relating to public safety; accessing criminal justice information; providing that 
1.3 	the Bureau of Criminal Apprehension be the centralized criminal background 
1.4 	check agency; providing for the classification of certain arrest data as private 
1.5 	data on individuals; providing all fingerprint information to the Bureau of 
1.6 	Criminal Apprehension; providing for tiered access to public conviction data; 
1.7 	providing uniform classification of arrest data; providing for penalties;amending 
1.8 	Minnesota Statutes 2006, sections 13.82, subdivision 2; 609.118; Minnesota 
1.9 	Statutes 2007 Supplement, section 13.87, subdivision 1; proposing coding for 
1.10 	new law in Minnesota Statutes, chapter 299C.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2006, section 13.82, subdivision 2, is amended to read:
1.13 		Subd. 2.Arrest data. (a) The following data created or collected by law 
1.14 	enforcement agencies which documents any actions taken by them to cite, arrest, 
1.15 	incarcerate or otherwise substantially deprive an adult individual of liberty shall be public 
1.16 	at all times in the originating agency:
1.17 	~~(a)~~ (1) time, date and place of the action;
1.18 	~~(b)~~ (2) any resistance encountered by the agency;
1.19 	~~(c)~~ (3) any pursuit engaged in by the agency;
1.20 	~~(d)~~ (4) whether any weapons were used by the agency or other individual;
1.21 	~~(e)~~ (5) the charge, arrest or search warrants, or other legal basis for the action;
1.22 	~~(f)~~ (6) the identities of the agencies, units within the agencies and individual persons 
1.23 	taking the action;
1.24 	~~(g)~~(7) whether and where the individual is being held in custody or is being 
1.25 	incarcerated by the agency;
1.26 	~~(h)~~ (8) the date, time and legal basis for any transfer of custody and the identity of 
1.27 	the agency or person who received custody;
2.1 	~~(i)~~ (9) the date, time and legal basis for any release from custody or incarceration;
2.2 	~~(j)~~ (10) the name, age, sex and last known address of an adult person or the age 
2.3 	and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially 
2.4 	deprived of liberty;
2.5 	~~(k)~~ (11) whether the agency employed wiretaps or other eavesdropping techniques, 
2.6 	unless the release of this specific data would jeopardize an ongoing investigation;
2.7 	~~(l)~~ (12) the manner in which the agencies received the information that led to the 
2.8 	arrest and the names of individuals who supplied the information unless the identities of 
2.9 	those individuals qualify for protection under subdivision 17; and
2.10 	~~(m)~~ (13) response or incident report number.
2.11 	(b) Notwithstanding paragraph (a), data of an arrest not leading to a prosecution 
2.12 	within 180 days of the arrest is private data under section 13.02, subdivision 12, except the 
2.13 	data may not be released to a third party by the subject of the data and is not accessible for 
2.14 	employment, licensing, and housing purposes. The arrest data may be transmitted between 
2.15 	and among criminal justice agencies to assist in the investigation of a crime. The arresting 
2.16 	law enforcement agency shall retain the arrest data under this paragraph and notify all 
2.17 	other criminal justice agencies to which it has transmitted the data that the arrest data is 
2.18 	private data under section 13.02, subdivision 12.

2.19 	EFFECTIVE DATE. This section is effective January 1, 2010, and applies to data 
2.20 	not leading to a prosecution within 180 days of the arrest retained by a criminal justice 
2.21 	agency under section 13.02, subdivision 3a, on and after the effective date of this section.

2.22 	Sec. 2. Minnesota Statutes 2007 Supplement, section 13.87, subdivision 1, is amended 
2.23 	to read:
2.24 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
2.25 	subdivision, "criminal history data" means all data maintained in criminal history 
2.26 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
2.27 	the criminal justice information system, including, but not limited to fingerprints, 
2.28 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
2.29 	and supervision data. 
2.30 	(b)  Classification. Criminal history data maintained by agencies, political 
2.31 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
2.32 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
2.33 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
2.34 	offense of which the individual was convicted, associated court disposition and sentence 
3.1 	information, controlling agency, and confinement information are public data for ~~15 years~~
3.2 	the following ~~the~~ time periods after discharge of the sentence imposed ~~for the offense.~~:
3.3 	(1) 15 years for a felony violent crime;
3.4 	(2) ten years for a felony nonviolent crime or a gross misdemeanor violent crime;
3.5 	(3) seven years for a gross misdemeanor nonviolent crime or a misdemeanor violent 
3.6 	crime; and 
3.7 	(4) five years for a misdemeanor nonviolent crime.
3.8 	(c) For purposes of this subdivision, "violent crime" has the meaning given in 
3.9 	section 624.712, subdivision 5.
3.10 	If an individual's name or other identifying information is erroneously associated 
3.11 	with a criminal history and a determination is made through a fingerprint verification that 
3.12 	the individual is not the subject of the criminal history, the name or other identifying 
3.13 	information must be redacted from the public criminal history data. The name and other 
3.14 	identifying information must be retained in the criminal history and are classified as 
3.15 	private data.
3.16 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
3.17 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
3.18 	criminal conviction data classified as public under this subdivision.
3.19 	~~(c)~~ (d)Limitation. Nothing in ~~paragraph (a) or (b)~~ paragraphs (a) to (c) shall limit 
3.20 	public access to data made public by section 13.82. 

3.21 	EFFECTIVE DATE. This section is effective January 1, 2010.

3.22 	Sec. 3. [299C.72] CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT 
3.23 	PURPOSES.
3.24 	Criminal background checks conducted by or for employment purposes in the state 
3.25 	shall be conducted only at the Bureau of Criminal Apprehension, unless specifically 
3.26 	required or permitted by statute to be conducted elsewhere. "Criminal background check" 
3.27 	means the consideration of conviction information for employment-related purposes. As 
3.28 	part of a criminal background check, the employer must provide a copy of the information 
3.29 	retrieved upon request from the subject of the information. If an employer has violated 
3.30 	this subdivision, the employer is subject to liquidated damages in the amount of $500 
3.31 	per violation.

3.32 	EFFECTIVE DATE. This section is effective January 1, 2010.

4.1 	Sec. 4. Minnesota Statutes 2006, section 609.118, is amended to read:
4.2 	609.118 FINGERPRINTING REQUIRED.
4.3 	(a) When a person is convicted of a felony, gross misdemeanor, or ~~targeted~~
4.4 	misdemeanor~~, as defined in section 299C.10, subdivision 1~~, or is adjudicated delinquent 
4.5 	for a felony or gross misdemeanor, the court shall order the offender to immediately report 
4.6 	to the law enforcement agency responsible for the collection of fingerprint and other 
4.7 	identification data required under section 299C.10, regardless of the sentence imposed or 
4.8 	executed. 
4.9 	(b) Paragraph (a) does not apply if the person is remanded to the custody of a law 
4.10 	enforcement agency or if the identification data was collected prior to the conviction 
4.11 	or adjudication for the offense.
4.12 	(c) A person who fails to obey a court order under paragraph (a) is subject to 
4.13 	probation revocation, contempt of court, or any other appropriate remedy.
4.14 	(d) This section does not limit or restrict any other statutory requirements or local 
4.15 	policies regarding the collection of identification data.

4.16 	EFFECTIVE DATE. This section is effective January 1, 2010.