2007 Minnesota Statutes

CHAPTER 299C. BUREAU OF CRIMINAL APPREHENSION

299C.01 CRIMINAL BUREAU.
    Subdivision 1. Powers transferred to commissioner. All the powers and duties now vested
in or imposed upon the Bureau of Criminal Apprehension or the superintendent of the Bureau of
Criminal Apprehension as prescribed by chapter 626, or any other law, are hereby transferred
to, vested in, and imposed upon the commissioner of public safety. The Bureau of Criminal
Apprehension and the Office of the Superintendent of the Bureau of Criminal Apprehension as
heretofore constituted are abolished.
    Subd. 2. Division of Department of Public Safety. A division in the Department of Public
Safety to be known as the Bureau of Criminal Apprehension is hereby created, under the
supervision and control of the superintendent of criminal apprehension, who shall be appointed by
the commissioner and serve at the commissioner's pleasure in the unclassified service of the state
civil service, to whom shall be assigned the duties and responsibilities described in this section.
    Subd. 3.[Repealed, 1984 c 649 s 6]
    Subd. 4. Duties generally. The Division of the Bureau of Criminal Apprehension shall
perform such functions and duties as relate to statewide and nationwide crime information
systems as the commissioner may direct.
History: 1969 c 1129 art 1 s 3; 1986 c 444

299C.03 SUPERINTENDENT; RULES.
The superintendent, with the approval of the commissioner of public safety, from time to
time, shall make such rules and adopt such measures as the superintendent deems necessary,
within the provisions and limitations of sections 299C.03 to 299C.08, 299C.10, 299C.105,
299C.11, 299C.17, 299C.18, and 299C.21, to secure the efficient operation of the bureau. The
bureau shall cooperate with the respective sheriffs, police, and other peace officers of the state
in the detection of crime and the apprehension of criminals throughout the state, and shall
have the power to conduct such investigations as the superintendent, with the approval of the
commissioner of public safety, may deem necessary to secure evidence which may be essential to
the apprehension and conviction of alleged violators of the criminal laws of the state. The various
members of the bureau shall have and may exercise throughout the state the same powers of arrest
possessed by a sheriff, but they shall not be employed to render police service in connection with
strikes and other industrial disputes.
History: (9950-6) 1927 c 224 s 2; 1935 c 197 s 1; 1949 c 739 s 21; 1951 c 713 s 34; 1971 c
25 s 97; 1985 c 248 s 70; 1986 c 444; 2005 c 10 art 2 s 4; 2005 c 136 art 12 s 2

299C.04 EMPLOYEES, CIVIL SERVICE; EXPENSES.
The superintendent is hereby authorized to appoint, in the manner provided, and to remove
as provided by the state civil service law, and to prescribe the duties of such skilled and unskilled
employees, including an identification expert, as may be necessary to carry out the work of the
bureau; provided, that the appointment and removal of such skilled and unskilled employees shall
be in the manner provided by the state civil service law. The superintendent and all officers
and employees of the bureau shall, in addition to their compensation, receive their actual and
necessary expenses incurred in the discharge of their duties, provided that the total expense of the
bureau during any year shall not exceed the appropriation therefor.
History: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 41; 1953 c 503 s 1

299C.041 [Repealed, 1982 c 568 s 13]

299C.05 DIVISION OF CRIMINAL STATISTICS.
There is hereby established within the bureau a Division of Criminal Statistics, and the
superintendent, within the limits of membership herein prescribed, shall appoint a qualified
statistician and one assistant to be in charge thereof. It shall be the duty of this division to
collect, and preserve as a record of the bureau, information concerning the number and nature
of offenses known to have been committed in the state, of the legal steps taken in connection
therewith from the inception of the complaint to the final discharge of the defendant, and such
other information as may be useful in the study of crime and the administration of justice. The
information so collected and preserved shall include such data as may be requested by the United
States Department of Justice, at Washington, under its national system of crime reporting. To
the extent possible, the superintendent must utilize a nationally recognized system or standard
approved by the Federal Bureau of Investigation to collect and preserve crime data.
History: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 41; 1Sp2003 c 2 art 4 s 5

299C.06 DIVISION POWERS AND DUTIES; COOPERATION.
It shall be the duty of all sheriffs, chiefs of police, prison wardens, superintendents of
insane hospitals, reformatories, and correctional schools, probation and parole officers, school
attendance officers, coroners, county attorneys, court clerks, the commissioner of public
safety, the commissioner of transportation, and the state fire marshal to furnish to the division
statistics and information regarding the number of crimes reported and discovered; arrests
made; complaints, informations, and indictments filed, and the disposition made of same; pleas,
convictions, acquittals, probations granted or denied; conditional release information; receipts,
transfers, and discharges to and from prisons, reformatories, correctional schools, and other
institutions; paroles granted and revoked; commutation of sentences and pardons granted and
rescinded; and all other data useful in determining the cause and amount of crime in this state
and to form a basis for the study of crime, police methods, court procedure, and penal problems.
Such statistics and information shall be furnished upon the request of the division and upon
such forms as may be prescribed and furnished by it. Unless otherwise required or permitted by
the superintendent of the Bureau of Criminal Apprehension, an agency or person furnishing
information under this section must utilize a nationally recognized system or standard approved
by the Federal Bureau of Investigation for reporting statistics and information. The division shall
have the power to inspect and prescribe the form and substance of the records kept by those
officials from which the information is so furnished.
History: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 41; 1976 c 5 s 11; 1976 c
166 s 7; 1998 c 367 art 7 s 4; 1Sp2003 c 2 art 4 s 6; 2005 c 10 art 2 s 4

299C.063 BOMB DISPOSAL EXPENSE REIMBURSEMENT.
    Subdivision 1. Definitions. The terms used in this section have the meanings given them in
this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons who are
trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and
who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
(c) "Municipality" has the meaning given it in section 466.01.
(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2,
explosive devices and incendiary devices as defined in section 609.668, subdivision 1, and all
materials subject to regulation under United States Code, title 18, chapter 40.
    Subd. 2. Expense reimbursement. The commissioner may reimburse bomb disposal units
for reasonable expenses incurred to dispose of or neutralize bombs or other similar hazardous
explosives for their employer-municipality or for another municipality outside the jurisdiction
of the employer-municipality but within the state. Reimbursement is limited to the extent of
appropriated funds.
    Subd. 3. Agreements. The commissioner may enter into contracts or agreements with bomb
disposal units to implement and administer this section.
History: 1995 c 226 art 4 s 7

SPECIAL FUNDS

299C.065 UNDERCOVER BUY FUND; WITNESS AND VICTIM PROTECTION.
    Subdivision 1. Grants. The commissioner of public safety shall make grants to local
officials for the following purposes:
(1) the cooperative investigation of cross jurisdictional criminal activity relating to the
possession and sale of controlled substances;
(2) receiving or selling stolen goods;
(3) participating in gambling activities in violation of section 609.76;
(4) violations of section 609.322 or any other state or federal law prohibiting the recruitment,
transportation, or use of juveniles for purposes of prostitution;
(5) for partial reimbursement of local costs associated with unanticipated, intensive,
long-term, multijurisdictional criminal investigations that exhaust available local resources,
except that the commissioner may not reimburse the costs of a local investigation involving a
child who is reported to be missing and endangered unless the law enforcement agency complies
with section 299C.53 and the agency's own investigative policy; and
(6) for partial reimbursement of local costs associated with criminal investigations into the
activities of violent criminal gangs and gang members.
    Subd. 1a. Witness and victim protection fund. (a) A witness and victim protection fund is
created under the administration of the commissioner of public safety. The commissioner may
make grants to local officials to provide for the relocation or other protection of a victim, witness,
or potential witness who is involved in a criminal prosecution and who the commissioner has
reason to believe is or is likely to be the target of a violent crime or a violation of section 609.498
or 609.713, in connection with that prosecution. The awarding of grants under this subdivision is
not limited to the crimes and investigations described in subdivision 1.
(b) The commissioner may award grants for any of the following actions in connection with
the protection of a witness or victim under this subdivision:
(1) to provide suitable documents to enable the person to establish a new identity or
otherwise protect the person;
(2) to provide housing for the person;
(3) to provide for the transportation of household furniture and other personal property to
the person's new residence;
(4) to provide the person with a payment to meet basic living expenses for a time period
the commissioner deems necessary;
(5) to assist the person in obtaining employment; and
(6) to provide other services necessary to assist the person in becoming self-sustaining.
    Subd. 2. Application for grant. A county sheriff or the chief administrative officer of a
municipal police department may apply to the commissioner of public safety for a grant for any of
the purposes described in subdivision 1 or 1a, on forms and pursuant to procedures developed
by the superintendent. For grants under subdivision 1, the application shall describe the type of
intended criminal investigation, an estimate of the amount of money required, and any other
information the superintendent deems necessary.
    Subd. 3. Investigation report. A report shall be made to the commissioner at the conclusion
of an investigation for which a grant was made under subdivision 1 stating (1) the number of
persons arrested, (2) the nature of charges filed against them, (3) the nature and value of controlled
substances or contraband purchased or seized, (4) the amount of money paid to informants during
the investigation, and (5) a separate accounting of the amount of money spent for expenses, other
than "buy money," of bureau and local law enforcement personnel during the investigation. The
commissioner shall prepare and submit to the chairs of the committees in the senate and house of
representatives with jurisdiction over criminal justice policy by January 1 of each even-numbered
year a report of investigations receiving grants under subdivision 1.
    Subd. 3a. Accounting report. The head of a law enforcement agency that receives a grant
under subdivision 1a shall file a report with the commissioner at the conclusion of the case
detailing the specific purposes for which the money was spent. The commissioner shall prepare
and submit to the chairs of the committees in the senate and house of representatives with
jurisdiction over criminal justice policy by January 1 of each even-numbered year a summary
report of witness assistance services provided under this section.
    Subd. 4. Data classification. An application to the commissioner for money is a confidential
record. Information within investigative files that identifies or could reasonably be used to
ascertain the identity of assisted witnesses, sources, or undercover investigators is a confidential
record. A report at the conclusion of an investigation is a public record, except that information in
a report pertaining to the identity or location of an assisted witness is private data.
History: 1979 c 333 s 96; 1985 c 126 s 1; 1991 c 279 s 20; 1993 c 326 art 12 s 6; 1994 c
636 art 4 s 17; 1995 c 226 art 4 s 8,9; art 7 s 2; 1997 c 239 art 2 s 1; 1998 c 367 art 2 s 32

299C.066 CRIME INFORMATION REWARD FUND.
    Subdivision 1. Fund created; advisory group. A crime information reward fund is created
as an account in the state treasury. Money appropriated to the account is available to pay rewards
as directed by the commissioner of public safety, in consultation with the attorney general, under
this section.
The attorney general shall appoint an advisory group, in consultation with the commissioner,
of five members to assist in implementation of this section.
    Subd. 2. Reward. The commissioner is authorized to pay a reward to any person who, in
response to a reward offer, provides information leading to the arrest and conviction of a criminal
offender. The commissioner shall establish criteria for determining the amount of the reward and
the duration of the reward offer. In no event shall a reward exceed $10,000 or a reward offer
remain open longer than ten days. The commissioner shall select the criminal investigations for
which rewards are offered based on recommendations made by the advisory group members or by
the law enforcement agency or agencies conducting the criminal investigation.
History: 1994 c 636 art 4 s 18

DISPOSAL OF STOLEN PROPERTY

299C.07 RESTORATION OR DISPOSAL OF STOLEN PROPERTY.
The Bureau of Criminal Apprehension shall make every effort for a period of 90 days after
the seizure or recovery of abandoned or stolen property to return the property to the lawful owner
or to the sheriff of the county from which it was stolen.
Any such property held by the bureau for more than 90 days, in case the owner cannot be
found or if it cannot be determined from what county the property was stolen, shall be sold at
public auction by the superintendent of the bureau, or the superintendent's agent, after two weeks'
published notice thereof in a legal newspaper in Ramsey County, stating the time and place of
the sale and a list of the property to be sold.
The proceeds of the sale shall be applied in payment of the necessary expenses of the sale
and all necessary costs, storage, or charges incurred in relation to the property. The balance of the
proceeds shall be paid into the general fund.
History: 1941 c 389; 1969 c 399 s 1; 1979 c 333 s 97; 1986 c 444

OATH

299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.
The superintendent and each employee in the bureau whom the superintendent shall
designate, before entering upon the performance of duties under sections 299C.03 to 299C.08,
299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall take the usual oath.
History: (9950-8) 1927 c 224 s 4; 1935 c 197 s 3; 1986 c 444; 1991 c 326 s 14; 2005 c
136 art 12 s 3

IDENTIFICATION AND INVESTIGATION DATA SYSTEMS

299C.09 SYSTEM FOR IDENTIFYING CRIMINALS; RECORD, INDEX.
The bureau shall install systems for identification of criminals, including the fingerprint
system, the modus operandi system, and such others as the superintendent deems proper. The
bureau shall keep a complete record and index of all information received in convenient form
for consultation and comparison. The bureau shall obtain from wherever procurable and file for
record finger and thumb prints, measurements, photographs, plates, outline pictures, descriptions,
modus operandi statements, conditional release information, or such other information as the
superintendent considers necessary, of persons who have been or shall hereafter be convicted
of a felony, gross misdemeanor, or an attempt to commit a felony or gross misdemeanor, within
the state, or who are known to be habitual criminals. To the extent that the superintendent
may determine it to be necessary, the bureau shall obtain like information concerning persons
convicted of a crime under the laws of another state or government, the central repository of this
records system is the Bureau of Criminal Apprehension in St. Paul.
History: (9950-9) 1927 c 224 s 5; 1957 c 790 s 1; 1969 c 9 s 92; 1998 c 367 art 7 s 5;
2002 c 233 s 2

299C.091 CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.
    Subdivision 1. Establishment. The bureau shall administer and maintain a computerized
criminal gang investigative data system for the purpose of assisting criminal justice agencies in
the investigation and prosecution of criminal activity by gang members. The system consists of
data on individuals whom law enforcement agencies determine are or may be engaged in criminal
gang activity. Notwithstanding section 260B.171, subdivision 5, data on adults and juveniles in
the system and data documenting an entry in the system may be maintained together. Data in the
system must be submitted and maintained as provided in this section.
    Subd. 2. Entry of data into system. (a) A law enforcement agency may submit data
on an individual to the criminal gang investigative data system only if the agency obtains and
maintains the documentation required under this subdivision. Documentation may include data
obtained from other criminal justice agencies, provided that a record of all of the documentation
required under paragraph (b) is maintained by the agency that submits the data to the bureau.
Data maintained by a law enforcement agency to document an entry in the system are confidential
data on individuals as defined in section 13.02, subdivision 3, but may be released to criminal
justice agencies.
(b) A law enforcement agency may submit data on an individual to the bureau for inclusion
in the system if the individual is 14 years of age or older and the agency has documented that:
(1) the individual has met at least three of the criteria or identifying characteristics of gang
membership developed by the Gang and Drug Oversight Council under section 299A.641,
subdivision 3, clause (7), as required by the council; and
(2) the individual has been convicted of a gross misdemeanor or felony or has been
adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
misdemeanor or felony if committed by an adult.
    Subd. 3. Classification of data in system. Data in the criminal gang investigative data
system are confidential data on individuals as defined in section 13.02, subdivision 3, but are
accessible to law enforcement agencies and may be released to the criminal justice agencies.
    Subd. 4. Audit of data submitted to system. The bureau shall conduct periodic random
audits of data under subdivision 2 that documents inclusion of an individual in the criminal gang
investigative data system for the purpose of determining the validity, completeness, and accuracy
of data submitted to the system. The bureau has access to the documenting data for purposes of
conducting an audit.
    Subd. 5. Removal of data from system. Notwithstanding section 138.17, the bureau shall
destroy data entered into the system when three years have elapsed since the data were entered into
the system, except as otherwise provided in this subdivision. If the bureau has information that the
individual has been convicted as an adult, or has been adjudicated or has a stayed adjudication as
a juvenile for an offense that would be a crime if committed by an adult, since entry of the data
into the system, the data must be maintained until three years have elapsed since the last record of
a conviction or adjudication or stayed adjudication of the individual. Upon request of the law
enforcement agency that submitted data to the system, the bureau shall destroy the data regardless
of whether three years have elapsed since the data were entered into the system.
History: 1997 c 239 art 8 s 12; 1999 c 139 art 4 s 2; 2006 c 212 art 1 s 16

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized
data system relating to individuals required to register as predatory offenders under section
243.166. To the degree feasible, the system must include the data required to be provided
under section 243.166, subdivisions 4 and 4a, and indicate the time period that the person is
required to register. The superintendent shall maintain this data in a manner that ensures that it
is readily available to law enforcement agencies. This data is private data on individuals under
section 13.02, subdivision 12, but may be used for law enforcement and corrections purposes.
State-operated services, as defined in section 246.014, are also authorized to have access to the
data for the purposes described in section 246.13, subdivision 2, paragraph (b).
History: 2000 c 311 art 2 s 14; 2005 c 136 art 5 s 4; 1Sp2005 c 4 art 1 s 49

299C.095 SYSTEM FOR IDENTIFYING JUVENILE OFFENDERS.
    Subdivision 1. Access to data on juveniles. (a) The bureau shall administer and maintain the
computerized juvenile history record system based on sections 260B.171 and 260C.171 and other
statutes requiring the reporting of data on juveniles. The data in the system are private data as
defined in section 13.02, subdivision 12, but are accessible to criminal justice agencies as defined
in section 13.02, subdivision 3a, to all trial courts and appellate courts, to a person who has access
to the juvenile court records as provided in sections 260B.171 and 260C.171 or under court rule,
to public defenders as provided in section 611.272, and to criminal justice agencies in other
states in the conduct of their official duties.
(b) Except for access authorized under paragraph (a), the bureau shall only disseminate a
juvenile adjudication history record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or employment applicant or performed
under section 299C.62 or 624.713. If the background check is performed under section 299C.62,
juvenile adjudication history disseminated under this paragraph is limited to offenses that would
constitute a background check crime as defined in section 299C.61, subdivision 2. A consent for
release of information from an individual who is the subject of a juvenile adjudication history is
not effective and the bureau shall not release a juvenile adjudication history record and shall not
release information in a manner that reveals the existence of the record. Data maintained under
section 243.166, released in conjunction with a background check, regardless of the age of the
offender at the time of the offense, does not constitute releasing information in a manner that
reveals the existence of a juvenile adjudication history.
    Subd. 2. Retention. (a) Notwithstanding section 138.17, the bureau shall retain juvenile
history records for the time periods provided in this subdivision. Notwithstanding contrary
provisions of paragraphs (b) to (e), all data in a juvenile history record must be retained for the
longest time period applicable to any item in the individual juvenile history record. If, before
data are destroyed under this subdivision, the subject of the data is convicted of a felony as an
adult, the individual's juvenile history record must be retained for the same time period as an
adult criminal history record.
(b) Juvenile history data on a child who was arrested must be destroyed six months after
the arrest if the child has not been referred to a diversion program and no petition has been
filed against the child by that time.
(c) Juvenile history data on a child against whom a delinquency petition was filed and
subsequently dismissed must be destroyed upon receiving notice from the court that the petition
was dismissed.
(d) Juvenile history data on a child who was referred to a diversion program or against whom
a delinquency petition has been filed and continued for dismissal must be destroyed when the
child reaches age 21.
(e) Juvenile history data on a child against whom a delinquency petition was filed and
continued without adjudication, or a child who was found to have committed a felony or gross
misdemeanor-level offense, must be destroyed when the child reaches age 28. If the offender
commits a felony violation as an adult, the bureau shall retain the data for as long as the data
would have been retained if the offender had been an adult at the time of the juvenile offense.
(f) The bureau shall retain extended jurisdiction juvenile data on an individual received
under section 260B.171, subdivision 2, paragraph (c), for as long as the data would have been
retained if the offender had been an adult at the time of the offense.
(g) Data retained on individuals under this subdivision are private data under section
13.02, except that extended jurisdiction juvenile data become public data under section 13.87,
subdivision 2 , when the juvenile court notifies the bureau that the individual's adult sentence has
been executed under section 260B.130, subdivision 5.
(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the bureau
shall destroy the data according to the schedule in this subdivision, unless the person has access
to the data under other law. The bureau shall include a notice of the destruction schedule with
all data it disseminates on juveniles.
History: 1992 c 571 art 7 s 10; 1996 c 440 art 1 s 49; 1997 c 239 art 8 s 13; 1998 c 371 s
16; 1999 c 139 art 4 s 2; 2000 c 377 s 1; 2001 c 202 s 13; 2005 c 136 art 8 s 9

299C.10 IDENTIFICATION DATA REQUIRED.
    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be taken
immediately finger and thumb prints, photographs, distinctive physical mark identification data,
information on any known aliases or street names, and other identification data requested or
required by the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for, or
alleged to have committed felonies or gross misdemeanors as distinguished from those committed
by adult offenders;
(3) persons reasonably believed by the arresting officer to be fugitives from justice;
(4) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines, or
appliances usable for an unlawful purpose and reasonably believed by the arresting officer to be
intended for such purposes;
(5) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(6) persons currently involved in the criminal justice process, on probation, on parole, or
in custody for the offenses in suspense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be linked to an arrest record, and
whose fingerprints are necessary in order to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files, or to comply with the mandates of
section 299C.111, relating to the reduction of the number of suspense files. This duty to obtain
fingerprints for the offenses in suspense at the request of the bureau shall include the requirement
that fingerprints be taken in post-arrest interviews, while making court appearances, while in
custody, or while on any form of probation, diversion, or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours the
fingerprint records and other identification data specified under paragraph (a) must be forwarded
to the bureau on such forms and in such manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and subordinates
shall attempt to ensure that the required identification data is taken on a person described in
paragraph (a). Law enforcement may take fingerprints of an individual who is presently on
probation.
(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy), 609.748
(harassment or restraining order violation), or 617.23 (indecent exposure).
    Subd. 1a. Court disposition record in suspense; fingerprinting. The superintendent of
the bureau shall inform a prosecuting authority that a person prosecuted by that authority is the
subject of a court disposition record in suspense which requires fingerprinting under this section.
Upon being notified by the superintendent or otherwise learning of the suspense status of a court
disposition record, any prosecuting authority may bring a motion in district court to compel the
taking of the person's fingerprints upon a showing to the court that the person is the subject
of the court disposition record in suspense.
    Subd. 2. Law enforcement education. The sheriffs and police officers who take finger and
thumb prints must obtain training in the proper methods of taking and transmitting finger prints
under this section consistent with bureau requirements.
    Subd. 3. Bureau duty. The bureau must enter in the criminal records system finger and
thumb prints within five working days after they are received under this section.
    Subd. 4. Fee for background check; account; appropriation. The superintendent shall
collect a fee in an amount to cover the expense for each background check provided for a purpose
not directly related to the criminal justice system or required by section 624.7131, 624.7132, or
624.714. The proceeds of the fee must be deposited in a special account. Money in the account is
annually appropriated to the commissioner to maintain and improve the quality of the criminal
record system in Minnesota. The superintendent shall collect an additional handling fee of $7 for
FBI background fingerprint checks.
    Subd. 5. Fee for taking fingerprints; account, appropriation. The superintendent may
charge a fee of $10 to take fingerprints for the public when required by an employer or government
entity for either employment or licensing. No fee will be charged when there is a question whether
the person is the subject of a criminal history record. The proceeds of the fee must be deposited
in an account in the special revenue fund. Money in the account is annually appropriated to the
commissioner to maintain and improve the quality of the criminal record system in Minnesota.
History: (9950-10) 1927 c 224 s 6; 1929 c 46 s 1; 1935 c 197 s 4; 1957 c 790 s 2; 1993 c
266 s 32; 1994 c 636 art 4 s 19; 1995 c 226 art 4 s 10,11; 1996 c 408 art 6 s 11; 1996 c 440 art 1
s 50; 1997 c 159 art 2 s 43; 1997 c 239 art 8 s 14,15; 2000 c 478 art 2 s 7; 1Sp2001 c 8 art 6 s 1;
1Sp2003 c 2 art 4 s 7,8; 2005 c 136 art 11 s 8,9

299C.105 DNA DATA REQUIRED.
    Subdivision 1. Required collection of biological specimen for DNA testing. (a) Sheriffs,
peace officers, and community corrections agencies operating secure juvenile detention facilities
shall take or cause to be taken biological specimens for the purpose of DNA analysis as defined in
section 299C.155, of the following:
(1) persons who have appeared in court and have had a judicial probable cause determination
on a charge of committing, or persons having been convicted of or attempting to commit, any of
the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3 , or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision 3a; or
(3) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or juveniles having been adjudicated delinquent for
committing or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3 , or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours the
biological specimen required under paragraph (a) must be forwarded to the bureau in such a
manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological
specimen is taken on a person described in paragraph (a).
    Subd. 2. Law enforcement training; duties. (a) The persons who collect the biological
specimens required under subdivision 1 must be trained to bureau-established standards in the
proper method of collecting and transmitting biological specimens.
(b) A law enforcement officer who seeks to collect a biological specimen from a juvenile
pursuant to subdivision 1 must notify the juvenile's parent or guardian prior to collecting the
biological specimen.
    Subd. 3. Bureau duty. (a) The bureau shall destroy the biological specimen and return all
records to a person who submitted a biological specimen under subdivision 1 but who was found
not guilty of a felony. Upon the request of a person who submitted a biological specimen under
subdivision 1 but where the charge against the person was later dismissed, the bureau shall
destroy the person's biological specimen and return all records to the individual.
(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall also
remove the person's information from the bureau's combined DNA index system and return all
related records and all copies or duplicates of them.
History: 2005 c 136 art 12 s 4; 2006 c 260 art 1 s 47

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger
and thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data as may be requested or required
by the superintendent of the bureau, which must be taken under the provisions of section
299C.10. In addition, sheriffs and chiefs of police shall furnish this identification data to the
bureau for individuals found to have been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their arrest. When the bureau learns
that an individual who is the subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of birth, other than those listed on the
criminal history, the bureau may add the new identifying information to the criminal history when
supported by fingerprints.
(b) No petition under chapter 609A is required if the person has not been convicted of any
felony or gross misdemeanor, either within or without the state, within the period of ten years
immediately preceding the determination of all pending criminal actions or proceedings in favor
of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, return to the arrested
person finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data, and all copies and
duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all pending
criminal actions or proceedings in favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints,
photographs, distinctive physical mark identification data, information on known aliases and
street names, and other identification data, and all copies and duplicates of them if the arrested
person has not been convicted of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such determination.
    Subd. 2. DNA samples; law enforcement duties. (a) Each sheriff and chief of police
shall furnish the bureau, in such form as the superintendent shall prescribe, with the biological
specimens required to be taken under section 299C.105.
(b) DNA samples and DNA records of the arrested person obtained through authority other
than section 299C.105 shall not be returned, sealed, or destroyed as to a charge supported by
probable cause.
    Subd. 3. Definitions. For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.
History: (9950-11) 1927 c 224 s 7; 1929 c 46 s 2; 1935 c 197 s 5; 1957 c 790 s 3; 1986 c
444; 1992 c 569 s 16; 1994 c 636 art 4 s 20; 1995 c 259 art 1 s 49; 1996 c 408 art 9 s 5; 1997 c 7
art 1 s 122; 1Sp2001 c 8 art 6 s 2; 2005 c 136 art 8 s 10; art 12 s 5

299C.111 SUSPENSE FILE REPORTING.
(a) By June 1 and December 1 of each year, the superintendent shall:
(1) provide an entity or individual having responsibility regarding identification data under
section 299C.10 and the Criminal and Juvenile Justice Information Policy Group with summary
data on the number of disposition records pertaining to the entity or individual that have not
been linked to an arrest record; and
(2) provide the Criminal and Juvenile Justice Information Policy Group with the number
of identification records not entered on the automated fingerprint identification system and the
criminal history files.
(b) The superintendent shall immediately notify the appropriate entity or individual when a
disposition record is received that cannot be linked to an arrest record.
History: 1Sp2001 c 8 art 6 s 3

299C.115 WARRANT INFORMATION PROVIDED TO STATE.
(a) By January 1, 1996, every county shall, in the manner provided in either clause (1)
or (2), make warrant information available to other users of the Minnesota criminal justice
information system:
(1) the county shall enter the warrant information in the warrant file of the Minnesota
criminal justice information system; or
(2) the county, at no charge to the state, shall make the warrant information that is maintained
in the county's computer accessible by means of a single query to the Minnesota criminal justice
information system.
(b) As used in this section, "warrant information" means information on all outstanding
felony, gross misdemeanor, and misdemeanor warrants for adults and juveniles that are issued
within the county.
History: 1994 c 636 art 4 s 21

299C.12 RECORD KEPT BY PEACE OFFICER; REPORT.
Every peace officer shall keep or cause to be kept a permanent written record, in such form
as the superintendent may prescribe, of all felonies reported to or discovered by the officer within
the officer's jurisdiction and of all warrants of arrest for felonies and search warrants issued
to the officer in relation to the commission of felonies, and shall make or cause to be made
to the sheriff of the county and the bureau reports of all such crimes, upon such forms as the
superintendent may prescribe, including a statement of the facts and a description of the offender,
so far as known, the offender's method of operation, the action taken by the officer, and such other
information as the superintendent may require.
History: (9950-12) 1927 c 224 s 8; 1959 c 409 s 1; 1986 c 444

299C.13 INFORMATION FURNISHED TO PEACE OFFICER.
Upon receipt of information data as to any arrested person, the bureau shall immediately
ascertain whether the person arrested has a criminal record or is a fugitive from justice, and shall
at once inform the arresting officer of the facts ascertained, including references to any juvenile or
adult court disposition data that are not in the criminal history system. Upon application by any
sheriff, chief of police, or other peace officer in the state, or by an officer of the United States or
by an officer of another state, territory, or government duly authorized to receive the same and
effecting reciprocal interchange of similar information with the division, it shall be the duty of the
bureau to furnish all information in its possession pertaining to the identification of any person. If
the bureau has a sealed record on the arrested person, it shall notify the requesting peace officer of
that fact and of the right to seek a court order to open the record for purposes of law enforcement.
A criminal justice agency shall be notified, upon request, of the existence and contents of a sealed
record containing conviction information about an applicant for employment. For purposes of
this section a "criminal justice agency" means courts or a government agency that performs the
administration of criminal justice under statutory authority.
History: (9950-13) 1927 c 224 s 9; 1992 c 569 s 17; 1996 c 408 art 9 s 6; 1997 c 239
art 8 s 16; 2001 c 202 s 14

299C.14 INFORMATION ON RELEASED PRISONER.
It shall be the duty of the officials having charge of the penal institutions of the state or the
release of prisoners therefrom to furnish to the bureau, as the superintendent may require, finger
and thumb prints, photographs, distinctive physical mark identification data, other identification
data, modus operandi reports, and criminal records of prisoners heretofore, now, or hereafter
confined in such penal institutions, together with the period of their service and the time, terms,
and conditions of their discharge. This duty to furnish information includes, but is not limited
to, requests for fingerprints as the superintendent of the bureau deems necessary to maintain and
ensure the accuracy of the bureau's criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111 relating to the reduction of the number of
suspense files where a disposition record is received that cannot be linked to an arrest record.
History: (9950-14) 1937 c 224 s 10; 1969 c 9 s 93; 1994 c 636 art 4 s 22; 2005 c 136
art 11 s 10

299C.145 DISTINCTIVE PHYSICAL MARK IDENTIFICATION SYSTEM.
    Subdivision 1. Definition. As used in this section and in sections 299C.10, 299C.11, and
299C.14, "distinctive physical mark identification data" means a photograph of a brand, scar, or
tattoo, and a description of the body location where the distinctive physical mark appears.
    Subd. 2. System establishment. The superintendent shall establish and maintain a system
within the bureau to enable law enforcement agencies to submit and obtain distinctive physical
mark identification data on persons who are under investigation for criminal activity. The system
shall cross-reference the distinctive physical mark identification data with the name of the
individual from whose body the distinctive physical mark identification data was obtained. The
system also shall cross-reference distinctive physical mark identification data with the names of
individuals who have been identified as having a similar or identical distinctive physical mark
in the same body location.
    Subd. 3. Authority to enter or retrieve data. Only criminal justice agencies, as defined in
section 299C.46, subdivision 2, may submit data to and obtain data from the distinctive physical
mark identification system.
    Subd. 4. Rules. The bureau may adopt rules to provide for the orderly collection, entry, and
retrieval of data contained in the distinctive physical mark identification system.
History: 1994 c 636 art 4 s 23; 2005 c 136 art 11 s 11

299C.147 [Renumbered 241.065]

299C.15 COOPERATION; CRIMINAL IDENTIFICATION ORGANIZATIONS.
The bureau shall cooperate and exchange information with other organizations for criminal
identification, either within or without the state, for the purpose of developing, improving, and
carrying on an efficient system for the identification and apprehension of criminals.
History: (9950-15) 1927 c 224 s 11

299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.
    Subdivision 1. Definition. As used in this section, "DNA analysis" means the process
through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and
compared with DNA from another human biological specimen for identification purposes.
    Subd. 2. Uniform evidence collection. The bureau shall develop uniform procedures and
protocols for collecting evidence in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and preservation of human biological
specimens for DNA analysis. Law enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols in their investigation of
criminal sexual conduct offenses. The uniform procedures and protocols developed under this
subdivision are not subject to the rulemaking provisions of chapter 14.
    Subd. 3. DNA analysis and data bank. The bureau shall adopt uniform procedures and
protocols to maintain, preserve, and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data obtained from DNA analysis. Data
contained on the bureau's centralized system is private data on individuals, as that term is defined
in section 13.02. The bureau's centralized system may only be accessed by authorized law
enforcement personnel and used solely for law enforcement identification purposes. The remedies
in section 13.08 apply to a violation of this subdivision. The uniform procedures and protocols
developed under this subdivision are not subject to the rulemaking provisions of chapter 14.
    Subd. 4. Record. The bureau shall perform DNA analysis and make data obtained available
to law enforcement officials in connection with criminal investigations in which human biological
specimens have been recovered. Upon request, the bureau shall also make the data available to
the prosecutor and the subject of the data in any subsequent criminal prosecution of the subject.
The results of the bureau's DNA analysis and related records are private data on individuals, as
that term is defined in section 13.02, and may only be used for law enforcement identification
purposes. The remedies in section 13.08 apply to a violation of this subdivision.
History: 1989 c 290 art 4 s 7; 1990 c 499 s 5,6; 2005 c 136 art 12 s 6

299C.156 FORENSIC LABORATORY ADVISORY BOARD.
    Subdivision 1. Membership. (a) The Forensic Laboratory Advisory Board consists of
the following:
(1) the superintendent of the Bureau of Criminal Apprehension or the superintendent's
designee;
(2) the commissioner of public safety or the commissioner's designee;
(3) the commissioner of corrections or the commissioner's designee;
(4) an individual with expertise in the field of forensic science, selected by the governor;
(5) an individual with expertise in the field of forensic science, selected by the attorney
general;
(6) a faculty member of the University of Minnesota, selected by the president of the
university;
(7) the state public defender or a designee;
(8) a prosecutor, selected by the Minnesota County Attorneys Association;
(9) a sheriff, selected by the Minnesota Sheriffs Association;
(10) a police chief, selected by the Minnesota Chiefs of Police Association;
(11) a judge or court administrator, selected by the chief justice of the Supreme Court; and
(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
(b) The board shall select a chair from among its members.
(c) Board members serve four-year terms and may be reappointed.
(d) The board may employ staff necessary to carry out its duties.
    Subd. 2. Duties. The board may:
(1) develop and implement a reporting system through which laboratories, facilities,
or entities that conduct forensic analyses report professional negligence or misconduct that
substantially affects the integrity of the forensic results committed by employees or contractors;
(2) encourage all laboratories, facilities, or entities that conduct forensic analyses to report
professional negligence or misconduct that substantially affects the integrity of the forensic
results committed by employees or contractors to the board;
(3) investigate, in a timely manner, any allegation of professional negligence or misconduct
that would substantially affect the integrity of the results of a forensic analysis conducted by
a laboratory, facility, or entity; and
(4) encourage laboratories, facilities, and entities that conduct forensic analyses to become
accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation
Board (ASCLD/LAB) or other appropriate accrediting body and develop and implement a process
for those entities to report their accreditation status to the board.
    Subd. 3. Investigations. (a) An investigation under subdivision 2, clause (3):
(1) may include the preparation of a written report that identifies and describes the methods
and procedures used to identify:
(i) the alleged negligence or misconduct;
(ii) whether negligence or misconduct occurred; and
(iii) any corrective action required of the laboratory, facility, or entity; and
(2) may include one or more:
(i) retrospective reexaminations of other forensic analyses conducted by the laboratory,
facility, or entity that may involve the same kind of negligence or misconduct; and
(ii) follow-up evaluations of the laboratory, facility, or entity to review:
(A) the implementation of any corrective action required under clause (1)(iii); or
(B) the conclusion of any retrospective reexamination under clause (2)(i).
(b) The costs of an investigation under this section must be borne by the laboratory, facility,
or entity being investigated.
    Subd. 4. Delegation of duties. The board by contract may delegate the duties described in
subdivision 2, clauses (1) and (3), to any person or entity that the board determines to be qualified
to assume those duties.
    Subd. 5. Reviews and reports are public. The board shall make all investigation reports
completed under subdivision 3, paragraph (a), clause (1), available to the public. A report
completed under subdivision 3, paragraph (a), clause (1), in a subsequent civil or criminal
proceeding is not prima facie evidence of the information or findings contained in the report.
    Subd. 6. Reports to legislature. By January 15 of each year, the board shall submit any
report prepared under subdivision 3, paragraph (a), clause (1), during the preceding calendar year
to the governor and the legislature.
    Subd. 7. Forensic analysis processing time period guidelines. (a) By July 1, 2007, the
board shall recommend forensic analysis processing time period guidelines applicable to the
Bureau of Criminal Apprehension and other laboratories, facilities, and entities that conduct
forensic analyses. When adopting and recommending these guidelines and when making other
related decisions, the board shall consider the goals and priorities identified by the presidential
DNA initiative. The board shall consider the feasibility of the Bureau of Criminal Apprehension
completing the processing of forensic evidence submitted to it by sheriffs, chiefs of police, or
state or local corrections authorities.
(b) The bureau shall provide information to the board in the time, form, and manner
determined by the board and keep it informed of the most up-to-date data on the actual forensic
analysis processing turnaround time periods. By January 15 of each year, the board shall report to
the legislature on these issues, including the recommendations made by the board to improve
turnaround times.
    Subd. 8. Forensic evidence processing deadline. The board may recommend reasonable
standards and deadlines for the Bureau of Criminal Apprehension to test and catalog forensic
evidence samples relating to alleged crimes committed, including DNA analysis, in their control
and possession.
    Subd. 9. Office space. The commissioner of public safety may provide adequate office
space and administrative services to the board.
    Subd. 10. Expenses. Section 15.059 applies to the board.
    Subd. 11. Definition. As used in this section, "forensic analysis" means a medical, chemical,
toxicologic, ballistic, or other expert examination or test performed on physical evidence,
including DNA evidence, for the purpose of determining the connection of the evidence to a
criminal action.
History: 2006 c 260 art 3 s 13

INFORMATION GATHERING AND DISSEMINATION

299C.16 INFORMATION BROADCAST TO PEACE OFFICERS.
The bureau shall broadcast, by mail, wire, and wireless, to peace officers such information
as to wrongdoers wanted, property stolen or recovered, and other intelligence as may help
in controlling crime.
History: (9950-16) 1927 c 224 s 12

299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall have power to require the court administrator of any county to file
with the department, at such time as the superintendent may designate, a report, upon such form as
the superintendent may prescribe, furnishing such information as the superintendent may require
with regard to the prosecution and disposition of criminal cases. A copy of the report shall be kept
on file in the office of the court administrator.
History: (9950-18) 1927 c 224 s 14; 1935 c 197 s 6; 1986 c 444; 1Sp1986 c 3 art 1 s 82

299C.18 BUREAU OPERATIONS REPORT.
Biennially, on or before November 15, in each even-numbered year the superintendent shall
submit to the governor and the legislature a detailed report of the operations of the bureau, of
information about crime and the handling of crimes and criminals by state and local officials
collected by the bureau, and the superintendent's interpretations of the information, with
comments and recommendations. The data contained in the report on Part I offenses cleared by
arrest, as defined by the United States Department of Justice, shall be collected and tabulated
geographically at least on a county-by-county basis. In such reports the superintendent shall, from
time to time, include recommendations to the legislature for dealing with crime and criminals and
information as to conditions and methods in other states in reference thereto, and shall furnish a
copy of such report to each member of the legislature.
History: (9950-19) 1927 c 224 s 15; 1935 c 197 s 7; 1955 c 847 s 29; 1969 c 540 s 14;
1986 c 444; 1992 c 511 art 1 s 12

OTHER PROVISIONS

299C.19 EMPLOYEES INCLUDED IN WORKERS' COMPENSATION LAWS.
Every employee of the bureau shall be deemed an employee of the state within the meaning
of the workers' compensation laws of this state and entitled to the benefit of all the provisions
of those laws applicable to state employees.
History: (9950-20) 1927 c 224 s 16; 1975 c 359 s 23; 1981 c 64 s 1

299C.20 STATUTORY CONSTRUCTION.
It is hereby declared that sections 299C.03 to 299C.20 are necessary for the public safety,
peace and welfare, are remedial in nature, shall be construed liberally, and that, in case any part
thereof shall be declared unconstitutional, it shall not in any way affect any other part.
History: (9950-21) 1927 c 224 s 17

299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.
If any public official charged with the duty of furnishing to the bureau fingerprint records,
biological specimens, reports, or other information required by sections 299C.06, 299C.10,
299C.105, 299C.11, 299C.17, shall neglect or refuse to comply with such requirement, the bureau,
in writing, shall notify the state, county, or city officer charged with the issuance of a warrant
for the payment of the salary of such official. Upon the receipt of the notice the state, county,
or city official shall withhold the issuance of a warrant for the payment of the salary or other
compensation accruing to such officer for the period of 30 days thereafter until notified by the
bureau that such suspension has been released by the performance of the required duty.
History: (9950-22) 1935 c 197 s 8; 2005 c 136 art 12 s 7

299C.215 REPORT OF 30-DAY STORAGE OF MOTOR VEHICLE.
Every operator of a structure or place where motor vehicles are stored shall report in writing
to the Bureau of Criminal Apprehension the fact that any motor vehicle has been continuously
stored in such structure or place more than 30 days without having been removed therefrom
when the owner thereof is not personally known to such operator and no contract exists between
such operator and owner for such term storage. Such report shall be in form prescribed by such
bureau, furnishing identification of such vehicle.
Any person violating this section shall be guilty of a misdemeanor.
History: 1957 c 872 s 1

299C.22 SECURITY GUARD; DISCHARGE OF FIREARM; REPORT.
    Subdivision 1. Definitions. (a) For purposes of this section, "security guard" means any
person who is paid a fee, wage or salary to perform one or more of the following functions:
(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism, or trespass
on private property;
(2) prevention or detection of theft, loss, embezzlement, misappropriation, or concealment of
merchandise, money, bonds, stocks, notes, or other valuable documents or papers;
(3) control, regulation, or direction of the flow or movements of the public, whether by
vehicle or otherwise, to assure protection of private property;
(4) protection of individuals from bodily harm; or
(5) enforcement of policies and rules of the security guard's employer related to crime
reduction insofar as such enforcement falls within the scope of the guard's duties.
(b) The provisions of this subdivision are not intended to include within the definition
of "security guard" auditors, accountants, and accounting personnel whether or not they are
employees of a private firm, corporation or independent accounting firm.
    Subd. 2. Report. Each discharge of a firearm by a security guard in the course of
employment, other than for training purposes, shall be reported to the chief of police of an
organized full-time police department of the municipality in which the discharge occurred or to
the county sheriff if there is no local chief of police. Reports required to be made under this
subdivision shall be forwarded to the Bureau of Criminal Apprehension upon forms as may be
prescribed and furnished by the bureau. The superintendent shall cause a summary of the reports
to be compiled and published annually.
History: 1979 c 196 s 1; 1986 c 444

299C.23 CONTINUING EDUCATION FEE; APPROPRIATION.
The commissioner of public safety may charge tuition to cover the cost of continuing
education courses provided by the Bureau of Criminal Apprehension when money available to the
commissioner for this purpose is not adequate to pay these costs. The tuition fees collected are
appropriated to the commissioner.
History: 1989 c 269 s 44

299C.25 SCRAP METAL DEALERS; EDUCATIONAL MATERIALS.
    (a) The superintendent shall develop educational materials relating to the laws governing
scrap metal dealers, including, but not limited to, applicable laws addressing receiving stolen
property and the provisions of section 325E.21. In addition, the materials must address the proper
use of the criminal alert network under section 299A.61, and must include a glossary of the terms
used by law enforcement agencies to describe items of scrap metal that are different from the
terms used in the scrap metal industry to describe those same items.
    (b) In developing the materials under paragraph (a), the superintendent shall seek the advice
of scrap metal trade associations, Minnesota scrap metal dealers, and law enforcement agencies.
    (c) The superintendent shall distribute the materials developed in paragraph (a) to all scrap
metal dealers registered with the criminal alert network.
History: 2007 c 54 art 7 s 7

RADIO BROADCASTING

299C.30 RADIO BROADCASTING STATION MAY BE INSTALLED.
The commissioner of administration is hereby authorized to purchase, secure the necessary
air privilege, lease or otherwise acquire, and install one or more radio broadcasting stations to be
used for police purposes only, under the direction of the Bureau of Criminal Apprehension.
History: (9950-41) 1935 c 195 s 1

299C.31 BUREAU TO MAINTAIN STATION.
The bureau is hereby charged with the maintenance, operation, and conduct of all radio
broadcasting stations established under the provisions of sections 299C.30 to 299C.38.
History: (9950-42) 1935 c 195 s 2

299C.32 POLICE CAR TO HAVE RADIO.
When the broadcasting station or stations authorized by sections 299C.30 to 299C.38 have
been established and are ready for operation, the bureau shall notify immediately the board of
county commissioners in each county of the state that such radio service has been established;
and forthwith the board shall provide for the purchase and installation in the office of the sheriff
and at such other places within each county as it may direct, and in at least one motor vehicle
used by the sheriff in the conduct of the sheriff's office, a locked-in radio receiving set of the
character prescribed by the bureau for use in connection with the broadcasting station or stations
so established.
History: (9950-43) 1935 c 195 s 3; Ex1936 c 104 s 1; 1986 c 444

299C.33 RECEIVING STATION IN CITY.
The council of each city in the state shall, and the council of each statutory city in the state
may, purchase, install, and maintain in such place as the council may determine, at least one such
locked-in radio receiving set, as may be prescribed by the bureau for use in law enforcement and
police work in such city or statutory city in connection with the broadcasting system thereby
established.
History: (9950-44) 1935 c 195 s 4; Ex1936 c 104 s 2; 1973 c 123 art 5 s 7

299C.34 COMMISSIONER TO SUPPLY BROADCASTING SET.
The commissioner of administration shall purchase and supply the Bureau of Criminal
Apprehension with such locked-in radio receiving sets as are deemed necessary by the
superintendent.
History: (9950-45) 1935 c 195 s 5; Ex1936 c 104 s 3

299C.35 BUREAU TO BROADCAST CRIMINAL INFORMATION.
It shall be the duty of the bureau to broadcast all police dispatches and reports submitted
which, in the opinion of the superintendent, shall have a reasonable relation to or connection with
the apprehension of criminals, the prevention of crime, and the maintenance of peace and order
throughout the state. Every sheriff, peace officer, or other person employing a radio receiving set
under the provisions of sections 299C.30 to 299C.38 shall make report to the bureau at such times
and containing such information as the superintendent shall direct.
History: (9950-46) 1935 c 195 s 6

299C.36 PRIORITY FOR STATION CALLS AND MESSAGES.
Every telegraph and telephone company operating in the state shall give priority to all
messages or calls directed to the broadcasting station or stations established under sections
299C.30 to 299C.38.
History: (9950-47) 1935 c 195 s 7

299C.37 POLICE COMMUNICATION EQUIPMENT; USE, SALE.
    Subdivision 1. Use regulated. (a) No person other than peace officers within the state,
the members of the State Patrol, and persons who hold an amateur radio license issued by the
Federal Communications Commission, shall equip any motor vehicle with any radio equipment
or combination of equipment, capable of receiving any radio signal, message, or information
from any police emergency frequency, or install, use, or possess the equipment in a motor
vehicle without permission from the superintendent of the bureau upon a form prescribed by the
superintendent. An amateur radio license holder is not entitled to exercise the privilege granted by
this paragraph if the license holder has been convicted in this state or elsewhere of a crime of
violence, as defined in section 624.712, subdivision 5, unless ten years have elapsed since the
person has been restored to civil rights or the sentence has expired, whichever occurs first, and
during that time the person has not been convicted of any other crime of violence. For purposes
of this section, "crime of violence" includes a crime in another state or jurisdiction that would
have been a crime of violence if it had been committed in this state. Radio equipment installed,
used, or possessed as permitted by this paragraph must be under the direct control of the license
holder whenever it is used. A person who is designated in writing by the chief law enforcement
officer of a political subdivision issued a permit under subdivision 3 may use and possess radio
equipment while in the course and scope of duties or employment without also having to obtain
an individual permit.
(b) Except as provided in paragraph (c), any person who is convicted of a violation of this
subdivision shall, upon conviction for the first offense, be guilty of a misdemeanor, and for the
second and subsequent offenses shall be guilty of a gross misdemeanor.
(c) An amateur radio license holder who exercises the privilege granted by paragraph (a)
shall carry the amateur radio license in the motor vehicle at all times and shall present the license
to a peace officer on request. A violation of this paragraph is a petty misdemeanor. A second or
subsequent violation is a misdemeanor.
    Subd. 2.[Repealed, 1971 c 71 s 2]
    Subd. 3. Permit. The superintendent of the bureau shall, upon written application, issue
a written permit, which shall be nontransferable, to a person, firm, political subdivision, or
corporation showing good cause to use radio equipment capable of receiving a police emergency
frequency, as a necessity, in the lawful pursuit of a business, trade, or occupation.
    Subd. 4.[Repealed, 1983 c 293 s 115]
History: (9950-48) 1935 c 195 s 8; 1961 c 661 s 1; 1965 c 721 s 1; 1981 c 37 s 2; 1983 c
293 s 91; 1986 c 444; 1987 c 191 s 1; 2003 c 121 s 1,2

299C.38 PRIORITY OF POLICE COMMUNICATIONS; MISDEMEANOR.
Any telegraph or telephone operator who shall fail to give priority to police messages or
calls as provided in sections 299C.30 to 299C.38, and any person who willfully makes any
false, misleading, or unfounded report to any broadcasting station established thereunder for the
purpose of interfering with the operation thereof, or with the intention of misleading any officer of
this state, shall be guilty of a misdemeanor.
History: (9950-50) 1935 c 195 s 10; 1965 c 721 s 2

COMPREHENSIVE INCIDENT-BASED REPORTING SYSTEM

299C.40 COMPREHENSIVE INCIDENT-BASED REPORTING SYSTEM.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located in the
Department of Public Safety and managed by the Bureau of Criminal Apprehension, Criminal
Justice Information Systems Section. A reference in this section to "CIBRS" includes the Bureau
of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department, the
Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota Police
Department, the Department of Corrections' Fugitive Apprehension Unit, a Minnesota county
sheriff's department, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.
    Subd. 2. Purpose. CIBRS is a statewide system containing data from law enforcement
agencies. Data in CIBRS must be made available to law enforcement agencies in order to
prepare a case against a person, whether known or unknown, for the commission of a crime or
other offense for which the agency has investigative authority, or for purposes of background
investigations required by section 626.87.
    Subd. 3. Data practices act governs. The provisions of chapter 13 apply to this section.
    Subd. 4. Data classification; general rule; changes in classification; audit trail. (a) The
classification of data in the law enforcement agency does not change after the data is submitted
to CIBRS. If CIBRS is the only source of data made public by section 13.82, subdivisions 2, 3,
6, and 7 , data described in those subdivisions must be downloaded and made available to the
public as required by section 13.03.
(b) Data on individuals created, collected, received, maintained, or disseminated by CIBRS
is classified as confidential data on individuals as defined in section 13.02, subdivision 3, and
becomes private data on individuals as defined in section 13.02, subdivision 12, as provided
by this section.
(c) Data not on individuals created, collected, received, maintained, or disseminated by
CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision 13, and
becomes nonpublic data as defined in section 13.02, subdivision 9, as provided by this section.
(d) Confidential or protected nonpublic data created, collected, received, maintained, or
disseminated by CIBRS must automatically change classification from confidential data to private
data or from protected nonpublic data to nonpublic data on the earlier of the following dates:
(1) upon receipt by CIBRS of notice from a law enforcement agency that an investigation
has become inactive; or
(2) when the data has not been updated by the law enforcement agency that submitted
it for a period of 120 days.
(e) For the purposes of this section, an investigation becomes inactive upon the occurrence
of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).
(f) Ten days before making a data classification change because data has not been updated,
CIBRS must notify the law enforcement agency that submitted the data that a classification
change will be made on the 120th day. The notification must inform the law enforcement agency
that the data will retain its classification as confidential or protected nonpublic data if the law
enforcement agency updates the data or notifies CIBRS that the investigation is still active before
the 120th day. A new 120-day period begins if the data is updated or if a law enforcement agency
notifies CIBRS that an active investigation is continuing.
(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
investigation has become inactive so that the data is classified as private data or nonpublic
data. The law enforcement agency must provide this notice to CIBRS within ten days after an
investigation becomes inactive.
(h) All queries and responses and all actions in which data is submitted to CIBRS, changes
classification, or is disseminated by CIBRS to any law enforcement agency must be recorded in
the CIBRS audit trail.
    Subd. 5. Access to CIBRS data by law enforcement agency personnel. Only law
enforcement agency personnel with certification from the Bureau of Criminal Apprehension may
enter, update, or access CIBRS data. The ability of particular law enforcement agency personnel
to enter, update, or access CIBRS data must be limited through the use of purpose codes that
correspond to the official duties and training level of the personnel.
    Subd. 6. Access to CIBRS data by data subject. (a) Upon request to the Bureau of Criminal
Apprehension or to a law enforcement agency participating in CIBRS an individual shall be
informed whether the individual is the subject of private or confidential data held by CIBRS. An
individual who is the subject of private data held by CIBRS may obtain access to the data by
making a request to the Bureau of Criminal Apprehension or to a participating law enforcement
agency. Private data provided to the subject under this subdivision must also include the name of
the law enforcement agency that submitted the data to CIBRS and the name, telephone number,
and address of the responsible authority for the data.
(b) If an individual who is the subject of private data held by CIBRS requests access to the
data or release of the data to a third party, the individual must appear in person at the Bureau of
Criminal Apprehension or a participating law enforcement agency to give informed consent to
the data access or release.
    Subd. 7. Challenge to completeness and accuracy of data. An individual who is the subject
of public or private data held by CIBRS and who wants to challenge the completeness or accuracy
of the data under section 13.04, subdivision 4, must notify in writing the responsible authority
for the data. A law enforcement agency must notify the Bureau of Criminal Apprehension when
data held by CIBRS is challenged. The notification must identify the data that was challenged
and the subject of the data. CIBRS must include any notification received under this paragraph
whenever disseminating data about which no determination has been made. When the responsible
authority of a law enforcement agency completes, corrects, or destroys successfully challenged
data, the corrected data must be submitted to CIBRS and any future dissemination must be of the
corrected data.
History: 2005 c 163 s 81; 2006 c 253 s 16,17; 2006 c 260 art 3 s 14

299C.405 SUBSCRIPTION SERVICE.
(a) For the purposes of this section "subscription service" means a process by which law
enforcement agency personnel may obtain ongoing, automatic electronic notice of any contacts an
individual has with any criminal justice agency.
(b) The Department of Public Safety must not establish a subscription service without prior
legislative authorization; except that, the Bureau of Criminal Apprehension may employ under
section 299C.40 a secure subscription service designed to promote and enhance officer safety
during tactical operations by and between federal, state, and local law enforcement agencies by
notifying law enforcement agencies of conflicts where multiple law enforcement operations may
be occurring on the same subject or vehicle or on or near the same location. The notification may
include warrant executions, surveillance activities, SWAT activities, undercover operations,
and other investigative operations.
History: 2005 c 163 s 82; 2006 c 253 s 18; 2006 c 260 art 3 s 15

DATA COMMUNICATIONS NETWORK

299C.45 [Repealed, 1977 c 424 s 5]

299C.46 CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK.
    Subdivision 1. Establishment; interconnection. The commissioner of public safety shall
establish a criminal justice data communications network which will enable the interconnection
of the criminal justice agencies within the state into a unified criminal justice information system.
The commissioner of public safety is authorized to lease or purchase facilities and equipment as
may be necessary to establish and maintain the data communications network.
    Subd. 2. Criminal justice agency defined. For the purposes of sections 299C.46 to 299C.49,
"criminal justice agency" means an agency of the state or an agency of a political subdivision
charged with detection, enforcement, prosecution, adjudication or incarceration in respect to the
criminal or traffic laws of this state. This definition also includes all sites identified and licensed
as a detention facility by the commissioner of corrections under section 241.021.
    Subd. 2a. Noncriminal justice agency defined. For the purposes of sections 299C.46 to
299C.49, "noncriminal justice agency" means an agency of a state or an agency of a political
subdivision of a state charged with the responsibility of performing checks of state databases
connected to the criminal justice data communications network.
    Subd. 3. Authorized use, fee. (a) The criminal justice data communications network shall be
used exclusively by:
(1) criminal justice agencies in connection with the performance of duties required by law;
(2) agencies investigating federal security clearances of individuals for assignment or
retention in federal employment with duties related to national security, as required by Public
Law 99-169;
(3) other agencies to the extent necessary to provide for protection of the public or property
in an emergency or disaster situation;
(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct
checks into state databases prior to disbursing licenses or providing benefits;
(5) the public authority responsible for child support enforcement in connection with the
performance of its duties;
(6) the public defender, as provided in section 611.272; and
(7) a county attorney or the attorney general, as the county attorney's designee, for the
purpose of determining whether a petition for the civil commitment of a proposed patient as a
sexual psychopathic personality or as a sexually dangerous person should be filed, and during
the pendency of the commitment proceedings.
(b) The commissioner of public safety shall establish a monthly network access charge to be
paid by each participating criminal justice agency. The network access charge shall be a standard
fee established for each terminal, computer, or other equipment directly addressable by the data
communications network, as follows: January 1, 1984 to December 31, 1984, $40 connect fee per
month; January 1, 1985 and thereafter, $50 connect fee per month.
(c) The commissioner of public safety is authorized to arrange for the connection of the data
communications network with the criminal justice information system of the federal government,
any adjacent state, or Canada.
    Subd. 4. Commissioner administers and coordinates. The commissioner of public safety
shall administer the data communications network and shall coordinate matters relating to its use
by other state agencies and political subdivisions. The commissioner shall receive the assistance
of the commissioner of administration on matters involving the department of administration
and its information systems division. Other state department or agency heads shall assist the
commissioner where necessary in the performance of the commissioner's duties under this section.
    Subd. 5. Diversion program data. Counties operating diversion programs under section
401.065 shall supply to the bureau of criminal apprehension the names of and other identifying
data specified by the bureau concerning diversion program participants. Notwithstanding section
299C.11, the bureau shall maintain the names and data in the computerized criminal history system
for 20 years from the date of the offense. Data maintained under this subdivision are private data.
    Subd. 6. Orders for protection and no contact orders. The data communications network
must include orders for protection issued under section 518B.01 and no contact orders issued
under section 629.715, subdivision 4. A no contact order must be accompanied by a photograph of
the offender for the purpose of enforcement of the order, if a photograph is available and verified
by the court to be an image of the defendant.
History: 1965 c 903 s 1; 1967 c 334 s 2; 1977 c 424 s 1; 1983 c 293 s 92; 1986 c 444; 1987
c 166 s 1; 1993 c 326 art 10 s 8; 1996 c 440 art 1 s 51; 1997 c 159 art 2 s 44,45; 1997 c 203
art 6 s 31; 2000 c 377 s 4; 2001 c 167 s 1; 2007 c 54 art 4 s 1

299C.47 [Repealed, 1976 c 149 s 63]

299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE, APPROPRIATION.
(a) An agency authorized under section 299C.46, subdivision 3, may connect with
and participate in the criminal justice data communications network upon approval of the
commissioner of public safety; provided, that the agency shall first agree to pay installation
charges as may be necessary for connection and monthly operational charges as may be
established by the commissioner of public safety. Before participation by a criminal justice
agency may be approved, the agency must have executed an agreement with the commissioner
providing for security of network facilities and restrictions on access to data supplied to and
received through the network.
(b) In addition to any fee otherwise authorized, the commissioner of public safety shall
impose a fee for providing secure dial-up or Internet access for criminal justice agencies and
noncriminal justice agencies. The following monthly fees apply:
(1) criminal justice agency accessing via Internet, $15;
(2) criminal justice agency accessing via dial-up, $35;
(3) noncriminal justice agency accessing via Internet, $35; and
(4) noncriminal justice agency accessing via dial-up, $35.
(c) The installation and monthly operational charges collected by the commissioner of public
safety under paragraphs (a) and (b) are annually appropriated to the commissioner to administer
sections 299C.46 to 299C.50.
History: 1965 c 903 s 3; 1967 c 334 s 2; 1973 c 123 art 5 s 7; 1977 c 424 s 2; 1987 c
166 s 2; 1987 c 320 s 2; 1Sp2003 c 2 art 4 s 9

299C.49 GRANT REVIEW.
The commissioner of public safety, after consultation with representatives of criminal
justice agencies, shall review all grant requests for federal and state funds from the Governor's
Commission on Crime Prevention and Control or its successor for criminal justice information
systems and recommend action to the commission.
History: 1977 c 424 s 3

299C.50 TRANSFER OF FUNCTIONS.
The commissioner of public safety shall perform all duties in respect to the state's criminal
justice information system which were transferred from the commissioner of finance and the
Governor's Commission on Crime Prevention and Control by executive order of the governor;
provided, that a transfer shall not occur if the state is informed by a federal agency that the transfer
will result in the loss of federal moneys to which the state would otherwise be entitled pursuant
to the Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, as amended
by the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415, and the
Crime Control Act of 1976, Public Law 94-503.
History: 1977 c 424 s 4

MISSING CHILDREN

299C.51 CITATION.
Sections 299C.51 to 299C.53 may be cited as the "Minnesota Missing Children's Act."
History: 1984 c 510 s 1

299C.52 MINNESOTA MISSING CHILD PROGRAM.
    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56, the following terms
have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or known to
be mentally incompetent.
(b) "CJIS" means Minnesota criminal justice information system.
(c) "Missing" means the status of a child after a law enforcement agency that has received a
report of a missing child has conducted a preliminary investigation and determined that the
child cannot be located.
(d) "NCIC" means National Crime Information Center.
(e) "Endangered" means that a law enforcement official has received sufficient evidence that
the child is with a person who presents a threat of immediate physical injury to the child or
physical or sexual abuse of the child.
    Subd. 2. Establishment. The commissioner of public safety shall maintain a Minnesota
missing child program within the department to enable documented information about missing
Minnesota children to be entered into the NCIC computer.
    Subd. 3. Computer equipment and programs. The commissioner shall provide the
necessary computer hardware and computer programs to enter, modify, and cancel information
on missing children in the NCIC computer through the CJIS. These programs must provide for
search and retrieval of information using the following identifiers: physical description, name and
date of birth, name and Social Security number, name and driver's license number, vehicle license
number, and vehicle identification number. The commissioner shall also provide a system for
regional, statewide, multistate, and nationwide broadcasts of information on missing children.
These broadcasts shall be made by local law enforcement agencies where possible or, in the case
of statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of
the local law enforcement agency.
    Subd. 4. Authority to enter or retrieve information. Only law enforcement agencies may
enter missing child information through the CJIS into the NCIC computer or retrieve information
through the CJIS from the NCIC computer.
    Subd. 5. Statistical data. The commissioner shall annually compile and make available
statistical information on the number of missing children entered into the NCIC computer and, if
available, information on the number located.
    Subd. 6. Rules. The commissioner may adopt rules in conformance with sections 299C.52
to 299C.56 to provide for the orderly collection and entry of missing child information and
requests for retrieval of missing child information.
History: 1984 c 510 s 2; 1991 c 285 s 4-6; 1994 c 636 art 4 s 24

299C.53 MISSING CHILD REPORT; DUTIES OF COMMISSIONER AND LAW
ENFORCEMENT AGENCIES.
    Subdivision 1. Investigation and entry of information. Upon receiving a report of a child
believed to be missing, a law enforcement agency shall conduct a preliminary investigation to
determine whether the child is missing. If the child is initially determined to be missing and
endangered, the agency shall immediately consult the Bureau of Criminal Apprehension during
the preliminary investigation, in recognition of the fact that the first two hours are critical. If the
child is determined to be missing, the agency shall immediately enter identifying and descriptive
information about the child through the CJIS into the NCIC computer. Law enforcement agencies
having direct access to the CJIS and the NCIC computer shall enter and retrieve the data directly
and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies
which do not have direct access to the systems.
    Subd. 2. Location of missing child. Immediately after a missing child is located, the law
enforcement agency which located or returned the missing child shall notify the law enforcement
agency having jurisdiction over the investigation, and that agency shall cancel the entry from
the NCIC computer.
    Subd. 3. Missing and endangered children. If the Bureau of Criminal Apprehension
receives a report from a law enforcement agency indicating that a child is missing and endangered,
the superintendent may assist the law enforcement agency in conducting the preliminary
investigation, offer resources, and assist the agency in helping implement the investigation policy
with particular attention to the need for immediate action.
History: 1984 c 510 s 3; 1994 c 636 art 4 s 25,26

299C.54 MISSING CHILDREN BULLETIN.
    Subdivision 1. Distribution. The commissioner shall distribute a missing children bulletin
on a quarterly basis to local law enforcement agencies, county attorneys, and public and nonpublic
schools. The commissioner shall also make this information accessible to other parties involved in
efforts to locate missing children and to other persons as the commissioner considers appropriate.
    Subd. 2. Photograph. The commissioner shall provide appropriate local law enforcement
agencies with a list of missing children, with an appropriate waiver form to assist the agency
in obtaining a photograph of each missing child. Local agencies shall obtain the most recent
photograph available for missing children and forward those photographs to the commissioner.
The commissioner shall include these photographs, as they become available, in the quarterly
bulletins.
    Subd. 3. Included with mailing. State and local elected officials and agencies may enclose
in their mailings information regarding missing children obtained from law enforcement agencies
or from any organization that is recognized as a nonprofit, tax-exempt organization under state or
federal law and has an ongoing missing children program. Elected officials and commissioners of
state agencies are urged to develop policies to enclose missing children information in mailings
when it will not increase postage costs and is otherwise considered appropriate.
    Subd. 3a. Collection of data. Identifying information on missing children entered into the
NCIC computer regarding cases that are still active at the time the missing children bulletin is
compiled each quarter may be included in the bulletin.
    Subd. 4. Data classification. The information included in the missing children bulletin is
public data as defined in section 13.01, subdivision 15.
History: 1991 c 285 s 7; 1993 c 326 art 10 s 9

299C.55 TRAINING.
The commissioner shall adopt standards for training appropriate personnel concerning
the investigation of missing children cases.
History: 1991 c 285 s 8

299C.56 RELEASE OF MEDICAL DATA.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Health care facility" means the office of a dentist or physician, or another medical
facility, that is in possession of identifying data.
(c) "Identifying data" means dental or skeletal X-rays, or both, and related information,
previously created in the course of providing dental or medical care to a child who has now
been reported as missing.
    Subd. 2. Written declaration. If a child is reported missing, a law enforcement agency
may execute a written declaration, stating that an active investigation seeking the location
of the missing child is being conducted, and that the identifying data are necessary for the
exclusive purpose of furthering the investigation. Notwithstanding chapter 13 or section 144.651,
subdivision 16 , when a written declaration executed under this subdivision, signed by a peace
officer, is presented to a health care facility, the facility shall provide access to the missing child's
identifying data to the law enforcement agency.
History: 1991 c 285 s 9

MISSING PERSON REPORT

299C.565 MISSING PERSON REPORT.
The local law enforcement agency having jurisdiction over the location where a person has
been missing or was last seen has the responsibility to take a missing person report from an
interested party. If this location cannot be clearly and easily established, the local law enforcement
agency having jurisdiction over the last verified location where the missing person last resided has
the responsibility to take the report.
History: 2006 c 260 art 3 s 16

NATIONAL CRIME PREVENTION

AND PRIVACY COMPACT

299C.57 CITATION.
Sections 299C.58 and 299C.582 may be cited as the National Crime Prevention and Privacy
Compact.
History: 2002 c 269 s 1

299C.58 COMPACT.
The National Crime Prevention and Privacy Compact is hereby ratified, enacted into law,
and entered into by this state with any other states legally joining therein in the form substantially
as follows:

ARTICLE I

DEFINITIONS
In this compact:
(1) Attorney general. The term "attorney general" means: the attorney general of the
United States.
(2) Compact officer. The term "compact officer" means
(A) with respect to the federal government, an official so designated by the director of the
FBI; and
(B) with respect to a party state, the chief administrator of the state's criminal history
record repository or a designee of the chief administrator who is a regular full-time employee of
the repository.
(3) Council. The term "council" means the Compact Council established under article VI.
(4) Criminal history records. The term "criminal history records"
(A) means information collected by criminal justice agencies on individuals consisting of
identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal
charges, and any disposition arising therefrom, including acquittal, sentencing, correctional
supervision, or release; and
(B) does not include identification information such as fingerprint records if such information
does not indicate involvement of the individual with the criminal justice system.
(5) Criminal history record repository. The term "criminal history record repository"
means the state agency designated by the governor or other appropriate executive official or the
legislature of a state to perform centralized record-keeping functions for criminal history records
and services in the state.
(6) Criminal justice. The term "criminal justice" includes activities relating to the detection,
apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional
supervision, or rehabilitation of accused persons or criminal offenders. The administration
of criminal justice includes criminal identification activities and the collection, storage, and
dissemination of criminal history records.
(7) Criminal justice agency. The term "criminal justice agency"
(A) means:
(i) courts; and
(ii) a governmental agency or any subunit thereof that:
(I) performs the administration of criminal justice pursuant to a statute or executive order; and
(II) allocates a substantial part of its annual budget to the administration of criminal justice;
and
(B) includes federal and state inspectors general offices.
(8) Criminal justice services. The term "criminal justice services" means services provided
by the FBI to criminal justice agencies in response to a request for information about a particular
individual or as an update to information previously provided for criminal justice purposes.
(9) Criterion offense. The term "criterion offense" means any felony or misdemeanor
offense not included on the list of nonserious offenses published periodically by the FBI.
(10) Direct access. The term "direct access" means access to the National Identification
Index by computer terminal or other automated means not requiring the assistance of or
intervention by any other party or agency.
(11) Executive order. The term "executive order" means an order of the president of
the United States or the chief executive officer of a state that has the force of law and that is
promulgated in accordance with applicable law.
(12) FBI. The term "FBI" means the Federal Bureau of Investigation.
(13) Interstate Identification Index System. The term "Interstate Identification Index
System" or "III System"
(A) means the cooperative federal-state system for the exchange of criminal history records;
and
(B) includes the National Identification Index, the National Fingerprint File, and, to the
extent of their participation in such system, the criminal history record repositories of the states
and the FBI.
(14) National Fingerprint File. The term "National Fingerprint File" means a database
of fingerprints, or other uniquely personal identifying information, relating to an arrested or
charged individual maintained by the FBI to provide positive identification of record subjects
indexed in the III System.
(15) National Identification Index. The term "National Identification Index" means an index
maintained by the FBI consisting of names, identifying numbers, and other descriptive information
relating to record subjects about whom there are criminal history records in the III System.
(16) National indexes. The term "national indexes" means the National Identification Index
and the National Fingerprint File.
(17) Nonparty state. The term "nonparty state" means a state that has not ratified this
compact.
(18) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses
of criminal history records for purposes authorized by federal or state law other than purposes
relating to criminal justice activities, including employment suitability, licensing determinations,
immigration and naturalization matters, and national security clearances.
(19) Party state. The term "party state" means a state that has ratified this compact.
(20) Positive identification. The term "positive identification" means a determination, based
upon a comparison of fingerprints or other equally reliable biometric identification techniques,
that the subject of a record search is the same person as the subject of a criminal history record or
records indexed in the III System. Identifications based solely upon a comparison of subjects'
names or other nonunique identification characteristics or numbers, or combinations thereof, shall
not constitute positive identification.
(21) Sealed record information. The term "sealed record information" means:
(A) with respect to adults, that portion of a record that is:
(i) not available for criminal justice uses;
(ii) not supported by fingerprints or other accepted means of positive identification; or
(iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to
a court order related to a particular subject or pursuant to a federal or state statute that requires
action on a sealing petition filed by a particular record subject; and
(B) with respect to juveniles, whatever each state determines is a sealed record under its own
law and procedure.
(22) State. The term "state" means any state, territory, or possession of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE II

PURPOSES
The purposes of this compact are to:
(1) provide a legal framework for the establishment of a cooperative federal-state system for
the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
(2) require the FBI to permit use of the National Identification Index and the National
Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal
history records to requesting states, in accordance with the terms of this compact and with rules,
procedures, and standards established by the council under article VI;
(3) require party states to provide information and records for the National Identification
Index and the National Fingerprint File and to provide criminal history records, in a timely
fashion, to criminal history record repositories of other states and the federal government for
noncriminal justice purposes, in accordance with the terms of this compact and with rules,
procedures, and standards established by the council under article VI;
(4) provide for the establishment of a council to monitor III System operations and to
prescribe system rules and procedures for the effective and proper operation of the III System for
noncriminal justice purposes; and
(5) require the FBI and each party state to adhere to III System standards concerning record
dissemination and use, response times, system security, data quality, and other duly established
standards, including those that enhance the accuracy and privacy of such records.

ARTICLE III

RESPONSIBILITIES OF COMPACT PARTIES
(a) FBI responsibilities. The director of the FBI shall:
(1) appoint an FBI compact officer who shall:
(A) administer this compact within the Department of Justice and among federal agencies and
other agencies and organizations that submit search requests to the FBI pursuant to article V(c);
(B) ensure that compact provisions and rules, procedures, and standards prescribed by the
council under article VI are complied with by the Department of Justice and the federal agencies
and other agencies and organizations referred to in article III(1)(A); and
(C) regulate the use of records received by means of the III System from party states when
such records are supplied by the FBI directly to other federal agencies;
(2) provide to federal agencies and to state criminal history record repositories, criminal
history records maintained in its database for the noncriminal justice purposes described in
article IV, including:
(A) information from nonparty states; and
(B) information from party states that is available from the FBI through the III System, but is
not available from the party state through the III System;
(3) provide a telecommunications network and maintain centralized facilities for the
exchange of criminal history records for both criminal justice purposes and the noncriminal
justice purposes described in article IV, and ensure that the exchange of such records for criminal
justice purposes has priority over exchange for noncriminal justice purposes; and
(4) modify or enter into user agreements with nonparty state criminal history record
repositories to require them to establish record request procedures conforming to those prescribed
in article V.
(b) State responsibilities. Each party state shall:
(1) appoint a compact officer who shall:
(A) administer this compact within that state;
(B) ensure that compact provisions and rules, procedures, and standards established by the
council under article VI are complied with in the state; and
(C) regulate the in-state use of records received by means of the III System from the FBI
or from other party states;
(2) establish and maintain a criminal history record repository, which shall provide:
(A) information and records for the National Identification Index and the National
Fingerprint File; and
(B) the state's III System-indexed criminal history records for noncriminal justice purposes
described in article IV;
(3) participate in the National Fingerprint File; and
(4) provide and maintain telecommunications links and related equipment necessary to
support the services set forth in this compact.
(c) Compliance with III System standards. In carrying out their responsibilities under
this compact, the FBI and each party state shall comply with III System rules, procedures, and
standards duly established by the council concerning record dissemination and use, response
times, data quality, system security, accuracy, privacy protection, and other aspects of III System
operation.
(d) Maintenance of record services.
(1) Use of the III System for noncriminal justice purposes authorized in this compact shall
be managed so as not to diminish the level of services provided in support of criminal justice
purposes.
(2) Administration of compact provisions shall not reduce the level of service available to
authorized noncriminal justice users on the effective date of this compact.

ARTICLE IV

AUTHORIZED RECORD DISCLOSURES
(a) State criminal history record repositories. To the extent authorized by United States
Code, title 5, section 552a, commonly known as the "Privacy Act of 1974," the FBI shall provide
on request criminal history records (excluding sealed records) to state criminal history record
repositories for noncriminal justice purposes allowed by federal statute, federal executive order,
or a state statute that has been approved by the attorney general and that authorizes national
indexes checks.
(b) Criminal justice agencies and other governmental or nongovernmental agencies.
The FBI, to the extent authorized by United States Code, title 5, section 552a, commonly known
as the "Privacy Act of 1974," and state criminal history record repositories shall provide criminal
history records (excluding sealed records) to criminal justice agencies and other governmental or
nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal
executive order, or a state statute that has been approved by the attorney general, that authorizes
national indexes checks.
(c) Procedures. Any record obtained under this compact may be used only for the official
purposes for which the record was requested. Each compact officer shall establish procedures,
consistent with this compact, and with rules, procedures, and standards established by the council
under article VI, which procedures shall protect the accuracy and privacy of the records, and shall:
(1) ensure that records obtained under this compact are used only by authorized officials for
authorized purposes;
(2) require that subsequent record checks are requested to obtain current information
whenever a new need arises; and
(3) ensure that record entries that may not legally be used for a particular noncriminal justice
purpose are deleted from the response and, if no information authorized for release remains, an
appropriate "no record" response is communicated to the requesting official.

ARTICLE V

RECORD REQUEST PROCEDURES
(a) Positive identification. Subject fingerprints or other approved forms of positive
identification shall be submitted with all requests for criminal history record checks for
noncriminal justice purposes.
(b) Submission of state requests. Each request for a criminal history record check utilizing
the national indexes made under any approved state statute shall be submitted through that state's
criminal history record repository. A state criminal history record repository shall process an
interstate request for noncriminal justice purposes through the national indexes only if such
request is transmitted through another state criminal history record repository or the FBI.
(c) Submission of federal requests. Each request for criminal history record checks utilizing
the national indexes made under federal authority shall be submitted through the FBI or, if the
state criminal history record repository consents to process fingerprint submissions, through the
criminal history record repository in the state in which such request originated. Direct access to
the National Identification Index by entities other than the FBI and state criminal history records
repositories shall not be permitted for noncriminal justice purposes.
(d) Fees. A state criminal history record repository or the FBI:
(1) may charge a fee, in accordance with applicable law, for handling a request involving
fingerprint processing for noncriminal justice purposes; and
(2) may not charge a fee for providing criminal history records in response to an electronic
request for a record that does not involve a request to process fingerprints.
(e) Additional search.
(1) If a state criminal history record repository cannot positively identify the subject of a
record request made for noncriminal justice purposes, the request, together with fingerprints
or other approved identifying information, shall be forwarded to the FBI for a search of the
national indexes.
(2) If, with respect to a request forwarded by a state criminal history record repository
under paragraph (1), the FBI positively identifies the subject as having a III System-indexed
record or records:
(A) the FBI shall so advise the state criminal history record repository; and
(B) the state criminal history record repository shall be entitled to obtain the additional
criminal history record information from the FBI or other state criminal history record repositories.

ARTICLE VI

ESTABLISHMENT OF COMPACT COUNCIL
(a) Establishment.
(1) In general. There is established a council to be known as the "Compact Council," which
shall have the authority to promulgate rules and procedures governing the use of the III System
for noncriminal justice purposes, not to conflict with FBI administration of the III System for
criminal justice purposes.
(2) Organization. The council shall:
(A) continue in existence as long as this compact remains in effect;
(B) be located, for administrative purposes, within the FBI; and
(C) be organized and hold its first meeting as soon as practicable after the effective date
of this compact.
(b) Membership. The council shall be composed of 15 members, each of whom shall be
appointed by the attorney general, as follows.
(1) Nine members, each of whom shall serve a two-year term, who shall be selected from
among the compact officers of party states based on the recommendation of the compact officers
of all party states, except that, in the absence of the requisite number of compact officers available
to serve, the chief administrators of the criminal history record repositories of nonparty states
shall be eligible to serve on an interim basis.
(2) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a
three-year term, of whom:
(A) one shall be a representative of the criminal justice agencies of the federal government
and may not be an employee of the FBI; and
(B) one shall be a representative of the noncriminal justice agencies of the federal
government.
(3) Two at-large members, nominated by the chairman of the council, once the chair is
elected pursuant to article VI(c), each of whom shall serve a three-year term, of whom:
(A) one shall be a representative of state or local criminal justice agencies; and
(B) one shall be a representative of state or local noncriminal justice agencies.
(4) One member, who shall serve a three-year term, and who shall simultaneously be a
member of the FBI's advisory policy board on criminal justice information services, nominated by
the membership of that policy board.
(5) One member, nominated by the Director of the FBI, who shall serve a three-year term,
and who shall be an employee of the FBI.
(c) Chair and vice-chair.
(1) In general. From its membership, the council shall elect a chair and a vice-chair of the
council, respectively. Both the chair and vice-chair of the council:
(A) shall be a compact officer, unless there is no compact officer on the council who is
willing to serve, in which case the chair may be an at-large member; and
(B) shall serve a two-year term and may be reelected to only one additional two-year term.
(2) Duties of vice-chair. The vice-chair of the council shall serve as the chair of the council
in the absence of the chair.
(d) Meetings.
(1) In general. The council shall meet at least once each year at the call of the chair. Each
meeting of the council shall be open to the public. The council shall provide prior public notice
in the Federal Register of each meeting of the council, including the matters to be addressed
at such meeting.
(2) Quorum. A majority of the council or any committee of the council shall constitute a
quorum of the council or of such committee, respectively, for the conduct of business. A lesser
number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(e) Rules, procedures, and standards. The council shall make available for public
inspection and copying at the council office within the FBI, and shall publish in the Federal
Register, any rules, procedures, or standards established by the council.
(f) Assistance from FBI. The council may request from the FBI such reports, studies,
statistics, or other information or materials as the council determines to be necessary to enable the
council to perform its duties under this compact. The FBI, to the extent authorized by law, may
provide such assistance or information upon such a request.
(g) Committees. The chair may establish committees as necessary to carry out this compact
and may prescribe their membership, responsibilities, and duration.

ARTICLE VII

RATIFICATION OF COMPACT
This compact shall take effect upon being entered into by two or more states as between
those states and the federal government. Upon subsequent entering into this compact by additional
states, it shall become effective among those states and the federal government and each party
state that has previously ratified it. When ratified, this compact shall have the full force and
effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance
with the laws of the executing state.

ARTICLE VIII

MISCELLANEOUS PROVISIONS
(a) Relation of compact to certain FBI activities. Administration of this compact shall not
interfere with the management and control of the Director of the FBI over the FBI's collection
and dissemination of criminal history records and the advisory function of the FBI's advisory
policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all
purposes other than noncriminal justice.
(b) No authority for nonappropriated expenditures. Nothing in this compact shall require
the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the
obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state,
or of any criminal history record repository or other subdivision or component thereof, under the
Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation
Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including
the rules and procedures promulgated by the council under article VI(a), regarding the use and
dissemination of criminal history records and information.

ARTICLE IX

RENUNCIATION
(a) In general. This compact shall bind each party state until renounced by the party state.
(b) Effect. Any renunciation of this compact by a party state shall:
(1) be effected in the same manner by which the party state ratified this compact; and
(2) become effective 180 days after written notice of renunciation is provided by the party
state to each other party state and to the federal government.

ARTICLE X

SEVERABILITY
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the constitution of any participating state,
or to the Constitution of the United States, or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or circumstance shall not be affected
thereby. If a portion of this compact is held contrary to the constitution of any party state, all other
portions of this compact shall remain in full force and effect as to the remaining party states and
in full force and effect as to the party state affected, as to all other provisions.

ARTICLE XI

ADJUDICATION OF DISPUTES
(a) In general. The council shall:
(1) have initial authority to make determinations with respect to any dispute regarding:
(A) interpretation of this compact;
(B) any rule or standard established by the council pursuant to article V; and
(C) any dispute or controversy between any parties to this compact; and
(2) hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled
meeting of the council and only render a decision based upon a majority vote of the members of
the council. Such decision shall be published pursuant to the requirements of article VI(e).
(b) Duties of the FBI. The FBI shall exercise immediate and necessary action to preserve
the integrity of the III System, maintain system policy and standards, protect the accuracy and
privacy of records, and to prevent abuses, until the council holds a hearing on such matters.
(c) Right of appeal. The FBI or a party state may appeal any decision of the council to the
attorney general, and thereafter may file suit in the appropriate district court of the United States,
which shall have original jurisdiction of all cases or controversies arising under this compact. Any
suit arising under this compact and initiated in a state court shall be removed to the appropriate
district court of the United States in the manner provided by United States Code, title 28, section
1446, or other statutory authority.
History: 2002 c 269 s 2

299C.582 POWERS WITH RELATION TO COMPACT.
The commissioner of public safety or a designee is hereby authorized and directed to do all
things necessary or incidental to the carrying out of the compact.
History: 2002 c 269 s 3

CHILD PROTECTION BACKGROUND CHECK

299C.60 CITATION.
Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child Protection Background
Check Act."
History: 1992 c 569 s 18

299C.61 DEFINITIONS.
    Subdivision 1. Terms. The definitions in this section apply to sections 299C.60 to 299C.64.
    Subd. 2. Background check crime. "Background check crime" includes child abuse crimes,
murder, manslaughter, felony level assault or any assault crime committed against a minor,
kidnapping, arson, criminal sexual conduct, and prostitution-related crimes.
    Subd. 3. Child. "Child" means an individual under the age of 18.
    Subd. 4. Child abuse crime. "Child abuse crime" means:
(1) an act committed against a minor victim that constitutes a violation of section 609.185,
clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324; 609.342; 609.343;
609.344; 609.345; 609.352; 609.377; or 609.378; or
(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1, clause
(5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause (4) or (6); or
152.024, subdivision 1, clause (2), (3), or (4).
    Subd. 5. Children's service provider. "Children's service provider" means a business or
organization, whether public, private, for profit, nonprofit, or voluntary, that provides children's
services, including a business or organization that licenses or certifies others to provide children's
services. "Children's service provider" includes an international student exchange visitor
placement organization under chapter 5A.
    Subd. 6. Children's service worker. "Children's service worker" means a person who has,
may have, or seeks to have access to a child to whom the children's service provider provides
children's services, and who:
(1) is employed by, volunteers with, or seeks to be employed by or volunteer with a
children's service provider; or
(2) owns, operates, or seeks to own or operate a children's service provider.
    Subd. 7. Children's services. "Children's services" means the provision of care, treatment,
education, training, instruction, or recreation to children.
    Subd. 8. CJIS. "CJIS" means the Minnesota criminal justice information system.
    Subd. 8a. Conviction. "Conviction" means a criminal conviction or an adjudication of
delinquency for an offense that would be a crime if committed by an adult.
    Subd. 9. Superintendent. "Superintendent" means the superintendent of the Bureau of
Criminal Apprehension.
History: 1992 c 569 s 19; 1993 c 238 s 8; 1994 c 465 art 1 s 36; 1995 c 259 art 3 s 5; 1998
c 367 art 2 s 32; 2001 c 202 s 15

299C.62 BACKGROUND CHECK.
    Subdivision 1. Generally. The superintendent shall develop procedures to enable a children's
service provider to request a background check to determine whether a children's service worker
is the subject of any reported conviction for a background check crime. The superintendent shall
perform the background check by retrieving and reviewing data on background check crimes
maintained in the CJIS computers. The superintendent is authorized to exchange fingerprints with
the Federal Bureau of Investigation for purposes of a criminal history check. The superintendent
shall recover the cost of a background check through a fee charged the children's service provider.
    Subd. 2. Background check; requirements. (a) The superintendent may not perform a
background check under this section unless the children's service provider submits a written
document, signed by the children's service worker on whom the background check is to be
performed, containing the following:
(1) a question asking whether the children's service worker has ever been convicted of a
background check crime and if so, requiring a description of the crime and the particulars of
the conviction;
(2) a notification to the children's service worker that the children's service provider will
request the superintendent to perform a background check under this section; and
(3) a notification to the children's service worker of the children's service worker's rights
under subdivision 3.
(b) Background checks performed under this section may only be requested by and provided
to authorized representatives of a children's service provider who have a need to know the
information and may be used only for the purposes of sections 299C.60 to 299C.64. Background
checks may be performed pursuant to this section not later than one year after the document is
submitted under this section.
    Subd. 3. Children's service worker rights. (a) The children's service provider shall notify
the children's service worker of the children's service worker's rights under paragraph (b).
(b) A children's service worker who is the subject of a background check request has the
following rights:
(1) the right to be informed that a children's service provider will request a background
check on the children's service worker:
(i) for purposes of the children's service worker's application to be employed by, volunteer
with, or be an owner of a children's service provider or for purposes of continuing as an employee,
volunteer, or owner; and
(ii) to determine whether the children's service worker has been convicted of any crime
specified in section 299C.61, subdivision 2 or 4;
(2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy of the
background check report;
(3) the right to obtain from the superintendent any record that forms the basis for the report;
(4) the right to challenge the accuracy and completeness of any information contained in
the report or record pursuant to section 13.04, subdivision 4;
(5) the right to be informed by the children's service provider if the children's service
worker's application to be employed with, volunteer with, or be an owner of a children's service
provider, or to continue as an employee, volunteer, or owner, has been denied because of the
superintendent's response; and
(6) the right not to be required directly or indirectly to pay the cost of the background check.
    Subd. 4. Response of bureau. The superintendent shall respond to a background check
request within a reasonable time after receiving the signed, written document described in
subdivision 2. The superintendent shall provide the children's service provider with a copy of the
applicant's criminal record or a statement that the applicant is not the subject of a criminal history
record at the bureau. It is the responsibility of the service provider to determine if the applicant
qualifies as an employee or volunteer under this section.
    Subd. 5. No duty to check. Sections 299C.60 to 299C.64 do not create a duty to perform
a background check.
    Subd. 6. Admissibility of evidence. Evidence or proof that a background check of a
volunteer was not requested under sections 299C.60 to 299C.64 by a children's service provider is
not admissible in evidence in any litigation against a nonprofit or charitable organization.
History: 1992 c 569 s 20; 1995 c 226 art 4 s 12

299C.63 EXCEPTION; OTHER LAWS.
The superintendent is not required to respond to a background check request concerning a
children's service worker who, as a condition of occupational licensure or employment, is subject
to the background study requirements imposed by any statute or rule other than sections 299C.60
to 299C.64. A background check performed on a licensee, license applicant, or employment
applicant under this section does not satisfy the requirements of any statute or rule other than
sections 299C.60 to 299C.64, that provides for background study of members of an individual's
particular occupation.
History: 1992 c 569 s 21

299C.64 BUREAU IMMUNITY.
The Bureau of Criminal Apprehension is immune from any civil or criminal liability that
might otherwise arise under sections 299C.60 to 299C.63, based on the accuracy or completeness
of any records it receives from the Federal Bureau of Investigation, if the bureau acts in good faith.
History: 1992 c 569 s 22

INFORMATION POLICY GROUP

299C.65 CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY GROUP.
    Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice Information
Policy Group consists of the commissioner of corrections, the commissioner of public safety, the
state chief information officer, the commissioner of finance, four members of the judicial branch
appointed by the chief justice of the Supreme Court, and the chair and first vice-chair of the
Criminal and Juvenile Justice Information Task Force. The policy group may appoint additional,
nonvoting members as necessary from time to time.
(b) The commissioner of public safety is designated as the chair of the policy group. The
commissioner and the policy group have overall responsibility for the successful completion of
statewide criminal justice information system integration (CriMNet). The policy group may hire
an executive director to manage the CriMNet projects and to be responsible for the day-to-day
operations of CriMNet. The executive director shall serve at the pleasure of the policy group in
unclassified service. The policy group must ensure that generally accepted project management
techniques are utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management;
(8) proven methodology; and
(9) education and training.
(c) Products and services for CriMNet project management, system design, implementation,
and application hosting must be acquired using an appropriate procurement process, which
includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of potential sources;
(3) competitive bid solicitation, evaluation, and selection; and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to the governor, the Supreme
Court, and the legislature on:
(1) a framework for integrated criminal justice information systems, including the
development and maintenance of a community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal and juvenile justice systems
concerning the collection, maintenance, dissemination, and sharing of criminal justice information
with one another;
(3) actions necessary to ensure that information maintained in the criminal justice
information systems is accurate and up-to-date;
(4) the development of an information system containing criminal justice information on
gross misdemeanor-level and felony-level juvenile offenders that is part of the integrated criminal
justice information system framework;
(5) the development of an information system containing criminal justice information on
misdemeanor arrests, prosecutions, and convictions that is part of the integrated criminal justice
information system framework;
(6) comprehensive training programs and requirements for all individuals in criminal justice
agencies to ensure the quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in criminal justice agencies who are
responsible for the collection, maintenance, dissemination, and sharing of criminal justice data;
(8) a periodic audit process to ensure the quality and accuracy of information contained
in the criminal justice information systems;
(9) the equipment, training, and funding needs of the state and local agencies that participate
in the criminal justice information systems;
(10) the impact of integrated criminal justice information systems on individual privacy
rights;
(11) the impact of proposed legislation on the criminal justice system, including any fiscal
impact, need for training, changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in criminal justice information systems;
(13) the development of a tracking system for domestic abuse orders for protection;
(14) processes for expungement, correction of inaccurate records, destruction of records, and
other matters relating to the privacy interests of individuals; and
(15) the development of a database for extended jurisdiction juvenile records and whether
the records should be public or private and how long they should be retained.
    Subd. 2. Task force. A task force shall assist the policy group in its duties. The task force
shall monitor, review, and report to the policy group on CriMNet-related projects and provide
oversight to ongoing operations as directed by the policy group. The task force shall consist
of the following members:
    (1) two members appointed by the Minnesota Sheriffs Association, at least one of whom
must be a sheriff;
    (2) two members appointed by the Minnesota Chiefs of Police Association, at least one
of whom must be a chief of police;
    (3) two members appointed by the Minnesota County Attorneys Association, at least one of
whom must be a county attorney;
    (4) two members appointed by the Minnesota League of Cities representing the interests of
city attorneys, at least one of whom must be a city attorney;
    (5) two members appointed by the Board of Public Defense, at least one of whom must
be a public defender;
    (6) two district judges appointed by the Judicial Council, at least one of whom has experience
dealing with juvenile court matters;
    (7) two corrections administrators appointed by the Minnesota Association of Counties
representing the interests of local corrections, at least one of whom represents a community
corrections act county;
    (8) two probation officers appointed by the commissioner of corrections in consultation with
the president of the Minnesota Association of Community Corrections Act Counties and the
president of the Minnesota Association of County Probation Officers;
    (9) four public members appointed by the governor for a term of six years, one of whom
represents the interests of victims, and two of whom are representatives of the private business
community who have expertise in integrated information systems and who for the purpose of
meetings of the full task force may be compensated pursuant to section 15.059;
    (10) two members appointed by the Minnesota Association for Court Management, at least
one of whom must be a court administrator;
    (11) one member of the house of representatives appointed by the speaker of the house, or an
alternate who is also a member of the house, appointed by the speaker of the house;
    (12) one member of the senate appointed by the majority leader, or an alternate who is also a
member of the senate, appointed by the majority leader of the senate;
    (13) one member appointed by the attorney general;
    (14) two elected officials appointed by the Minnesota League of Cities, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area;
    (15) two elected officials appointed by the Minnesota Association of Counties, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area;
    (16) the director of the Sentencing Guidelines Commission or a designee;
    (17) one member appointed by the state chief information officer;
    (18) one member appointed by the commissioner of public safety;
    (19) one member appointed by the commissioner of corrections;
    (20) one member appointed by the commissioner of administration; and
    (21) one member appointed by the chief justice of the Supreme Court.
    Subd. 3.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 3a. Report. The policy group, with the assistance of the task force, shall file an annual
report with the governor, Supreme Court, and chairs and ranking minority members of the senate
and house committees and divisions with jurisdiction over criminal justice funding and policy by
January 15 of each year. The report must provide the following:
(1) status and review of current integration efforts and projects;
(2) recommendations concerning any legislative changes or appropriations that are needed to
ensure that the criminal justice information systems operate accurately and efficiently; and
(3) summary of the activities of the policy group and task force.
    Subd. 4.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 5. Review of funding and grant requests. (a) The Criminal and Juvenile Justice
Information Policy Group shall review the funding requests for criminal justice information
systems from state, county, and municipal government agencies. The policy group shall review
the requests for compatibility to statewide criminal justice information system standards. The
review shall be forwarded to the chairs and ranking minority members of the house and senate
committees and divisions with jurisdiction over criminal justice funding and policy.
    (b) The CriMNet program office, in consultation with the Criminal and Juvenile Justice
Information Task Force and with the approval of the policy group, shall create the requirements
for any grant request and determine the integration priorities for the grant period. The CriMNet
program office shall also review the requests submitted for compatibility to statewide criminal
justice information systems standards.
    (c) The task force shall review funding requests for criminal justice information systems
grants and make recommendations to the policy group. The policy group shall review the
recommendations of the task force and shall make a final recommendation for criminal justice
information systems grants to be made by the commissioner of public safety. Within the limits of
available state appropriations and federal grants, the commissioner of public safety shall make
grants for projects that have been recommended by the policy group.
    (d) The policy group may approve grants only if the applicant provides an appropriate share
of matching funds as determined by the policy group to help pay up to one-half of the costs of the
grant request. The matching requirement must be constant for all applicants within each grant
offering. The policy group shall adopt policies concerning the use of in-kind resources to satisfy
the match requirement and the sources from which matching funds may be obtained. Local
operational or technology staffing costs may be considered as meeting this match requirement.
Each grant recipient shall certify to the policy group that it has not reduced funds from local,
county, federal, or other sources which, in the absence of the grant, would have been made
available to the grant recipient to improve or integrate criminal justice technology.
    (e) All grant recipients shall submit to the CriMNet program office all requested
documentation including grant status, financial reports, and a final report evaluating how the grant
funds improved the agency's criminal justice integration priorities. The CriMNet program office
shall establish the recipient's reporting dates at the time funds are awarded.
    Subd. 6.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 7.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 8.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 8a.[Repealed, 2005 c 136 art 11 s 18]
    Subd. 9.[Repealed, 2005 c 136 art 11 s 18]
History: 1993 c 266 s 33; 1994 c 576 s 41; 1997 c 239 art 8 s 17; 1999 c 216 art 2 s 14-19;
2000 c 311 art 5 s 1-4; 1Sp2001 c 8 art 6 s 5,6; 2005 c 136 art 11 s 12-15; 2005 c 156 art 5 s
19,20; 2006 c 212 art 1 s 26 subd 6; 2006 c 260 art 3 s 17; 2007 c 54 art 7 s 8,9

PROPERTY MANAGER BACKGROUND CHECK

299C.66 CITATION.
Sections 299C.66 to 299C.71 may be cited as the "Kari Koskinen Manager Background
Check Act."
History: 1995 c 226 art 4 s 13

299C.67 DEFINITIONS.
    Subdivision 1. Terms. The definitions in this section apply to sections 299C.66 to 299C.71.
    Subd. 2. Background check crime. "Background check crime" means:
(a)(1) a felony violation of section 609.185 (first degree murder); 609.19 (second degree
murder); 609.20 (first degree manslaughter); 609.221 (first degree assault); 609.222 (second
degree assault); 609.223 (third degree assault); 609.25 (kidnapping); 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); 609.561 (first degree
arson); or 609.749 (harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause (1)
or an attempt under clause (2) in this state; or
(b)(1) a felony violation of section 609.195 (third degree murder); 609.205 (second degree
manslaughter); 609.21 (criminal vehicular homicide and injury); 609.2231 (fourth degree assault);
609.224 (fifth degree assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.255
(false imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic
threats); or a nonfelony violation of section 609.749 (harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause (1)
or an attempt under clause (2) in this state.
    Subd. 3. CJIS. "CJIS" means the Minnesota criminal justice information system.
    Subd. 4. Manager. "Manager" means an individual who is hired or is applying to be hired
by an owner and who has or would have the means, within the scope of the individual's duties,
to enter tenants' dwelling units. "Manager" does not include a person who is hired on a casual
basis and not in the ongoing course of the business of the owner.
    Subd. 5. Owner. "Owner" has the meaning given to "landlord" in section 504B.001,
subdivision 7 . However, "owner" does not include a person who owns, operates, or is in control of
a health care facility or a home health agency licensed by the commissioner of health or human
services under chapter 144, 144A, 144B, or 245A, or a board and lodging establishment with
special services registered under section 157.17.
    Subd. 6. Superintendent. "Superintendent" means the superintendent of the Bureau of
Criminal Apprehension.
    Subd. 7. Tenant. "Tenant" has the meaning given to "residential tenant" in section 504B.001,
subdivision 12 .
History: 1995 c 226 art 4 s 14; 1996 c 408 art 10 s 7; 1999 c 199 art 2 s 7,8; 2001 c 7 s 62

299C.68 BACKGROUND CHECK ON RESIDENTIAL BUILDING MANAGER.
    Subdivision 1. When required. Before hiring a manager, an owner shall request the
superintendent to conduct a background check under this section. An owner may employ a
manager after requesting a background check under this section before receipt of the background
check report, provided that the owner complies with section 299C.69. An owner may request
a background check for a currently employed manager under this section. By July 1, 1996, an
owner shall request the superintendent to conduct a background check under this section for
managers hired before July 1, 1995, who are currently employed.
    Subd. 2. Procedures. The superintendent shall develop procedures to enable an owner
to request a background check to determine whether a manager is the subject of a reported
conviction for a background check crime. The superintendent shall perform the background check
by retrieving and reviewing data on background check crimes maintained in the CJIS computers.
The superintendent shall notify the owner in writing of the results of the background check. If
the manager has resided in Minnesota for less than ten years or upon request of the owner, the
superintendent shall also either: (1) conduct a search of the national criminal records repository,
including the criminal justice data communications network; or (2) conduct a search of the
criminal justice data communications network records in the state or states where the manager has
resided for the preceding ten years. The superintendent is authorized to exchange fingerprints with
the Federal Bureau of Investigation for purposes of the criminal history check. The superintendent
shall recover the cost of a background check through a fee charged to the owner.
    Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used for
requesting a background check, which must include:
(1) a notification to the manager that the owner will request the superintendent to perform a
background check under this section;
(2) a notification to the manager of the manager's rights under subdivision 4; and
(3) a signed consent by the manager to conduct the background check.
(b) If the manager has resided in Minnesota for less than ten years, or if the owner is
requesting a search of the national criminal records repository, the form must be accompanied by
the fingerprints of the manager on whom the background check is to be performed.
    Subd. 4. Manager's rights. (a) The owner shall notify the manager of the manager's rights
under paragraph (b).
(b) A manager who is the subject of a background check request has the following rights:
(1) the right to be informed that the owner will request a background check on the manager
to determine whether the manager has been convicted of a crime specified in section 299C.67,
subdivision 2 ;
(2) the right to be informed by the owner of the superintendent's response to the background
check and to obtain from the owner a copy of the background check report;
(3) the right to obtain from the superintendent any record that forms the basis for the report;
(4) the right to challenge the accuracy and completeness of information contained in the
report or record under section 13.04, subdivision 4; and
(5) the right to be informed by the owner if the manager's application to be employed by the
owner or to continue as an employee has been denied because of the result of the background
check.
    Subd. 5. Response of bureau. The superintendent shall respond in writing to a background
check request within a reasonable time not to exceed ten working days after receiving the signed
form under subdivision 3. The superintendent's response from the search of the Minnesota
computerized criminal history system must clearly indicate whether the manager has ever been
convicted of a background check crime and, if so, a description of the crime, date and jurisdiction
of the conviction, and date of discharge of sentence. If a search is being done of the national
criminal records repository, the superintendent shall determine eligibility based upon national
records received. The superintendent shall reply to the owner in writing indicating whether the
manager is or is not eligible for employment.
    Subd. 6. Equivalent background check. (a) An owner may satisfy the requirements of
this section: (1) by obtaining a copy of a completed background check that was required to be
performed by the Department of Human Services as provided for under section 144.057 and
chapter 245C, and then placing the copy on file with the owner; (2) in the case of a background
check performed on a manager for one residential setting when multiple residential settings
are operated by one owner, by placing the results in a central location; or (3) by obtaining a
background check from a private business or a local law enforcement agency rather than the
superintendent if the scope of the background check provided by the private business or local
law enforcement agency is at least as broad as that of a background check performed by the
superintendent and the response to the background check request occurs within a reasonable
time not to exceed ten working days after receiving the signed form described in subdivision
3. Local law enforcement agencies may access the criminal justice data network to perform
the background check.
(b) A private business or local law enforcement agency providing a background check
under this section must use a notification form similar to the form described in subdivision 3,
except that the notification form must indicate that the background check will be performed
by the private business or local law enforcement agency using records of the superintendent
and other data sources.
History: 1995 c 226 art 4 s 15; 1996 c 408 art 10 s 8-10; 1Sp2001 c 7 s 1,2; 2002 c 321 s 3;
2003 c 15 art 1 s 33; 2003 c 89 s 1

299C.69 OWNER DUTIES IF MANAGER CONVICTED OF CRIME.
(a) If the superintendent's response indicates that the manager has been convicted of a
background check crime defined in section 299C.67, subdivision 2, paragraph (a), the owner
may not hire the manager or, if the manager was hired pending completion of the background
check, shall terminate the manager's employment. Except as provided in paragraph (c), if an
owner otherwise knows that a manager has been convicted of a background check crime defined
in section 299C.67, subdivision 2, paragraph (a), the owner shall terminate the manager's
employment.
(b) If the superintendent's response indicates that the manager has been convicted of a
background check crime defined in section 299C.67, subdivision 2, paragraph (b), the owner may
not hire the manager unless more than ten years have elapsed since the date of discharge of the
sentence. If the manager was hired pending completion of the background check, the owner shall
terminate the manager's employment unless more than ten years have elapsed since the date of
discharge of the sentence. Except as provided in paragraph (c), if an owner otherwise knows that a
manager has been convicted of a background check crime defined in section 299C.67, subdivision
2 , paragraph (b), the owner shall terminate the manager's employment unless more than ten years
have elapsed since the date of discharge of the sentence.
(c) If an owner knows that a manager hired before July 1, 1995, was convicted of a
background check crime for an offense committed before July 1, 1995, the owner may continue to
employ the manager. However, the owner shall notify all tenants and prospective tenants whose
dwelling units would be accessible to the manager of the crime for which the manager has been
convicted and of the right of a current tenant to terminate the tenancy under this paragraph, if the
manager was convicted of a background check crime defined in:
(1) section 299C.67, subdivision 2, paragraph (a); or
(2) section 299C.67, subdivision 2, paragraph (b), unless more than ten years have elapsed
since the sentence was discharged.
Notwithstanding a lease provision to the contrary, a current tenant who receives a notice under
this paragraph may terminate the tenancy within 60 days of receipt of the notice by giving the
owner at least 14 days' advance notice of the termination date.
(d) The owner shall notify the manager of any action taken under this subdivision.
(e) If an owner is required to terminate a manager's employment under paragraph (a) or
(b), or terminates a manager's employment in lieu of notifying tenants under paragraph (c), the
owner is not liable under any law, contract, or agreement, including liability for unemployment
insurance claims, for terminating the manager's employment in accordance with this section.
Notwithstanding a lease or agreement governing termination of the tenancy, if the manager whose
employment is terminated is also a tenant, the owner may terminate the tenancy immediately upon
giving notice to the manager. An eviction action to enforce the termination of the tenancy must be
treated as a priority writ under sections 504B.321; 504B.335; 504B.345, subdivision 1; 504B.361,
subdivision 2 ; and 504B.365, subdivision 2.
History: 1995 c 226 art 4 s 16; 1999 c 199 art 2 s 9; 2004 c 206 s 52

299C.70 PENALTY.
An owner who knowingly fails to comply with the requirements of section 299C.68 or
299C.69 is guilty of a petty misdemeanor.
History: 1995 c 226 art 4 s 17

299C.71 BUREAU IMMUNITY.
The Bureau of Criminal Apprehension is immune from any civil or criminal liability that
might otherwise arise under section 299C.68, based on the accuracy or completeness of records it
receives from the Federal Bureau of Investigation, if the bureau acts in good faith.
History: 1995 c 226 art 4 s 18