Bill Text: MN HF1237 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public defender authorized the same access to information about witnesses that public defenders have for information about a defendant.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-04 - Introduction and first reading, referred to Judiciary Finance and Policy [HF1237 Detail]
Download: Minnesota-2013-HF1237-Introduced.html
1.2relating to judiciary; authorizing a public defender the same access to information
1.3about witnesses that public defenders have for information about a defendant;
1.4amending Minnesota Statutes 2012, section 611.272.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 611.272, is amended to read:
1.7611.272 ACCESS TO GOVERNMENT DATA.
1.8The district public defender, the state public defender, or an attorney working for
1.9a public defense corporation under section611.216 has access to the criminal justice
1.10data communications network described in section299C.46 , as provided in this section.
1.11Access to data under this section is limited to data necessary to prepare criminal cases in
1.12which the public defender has been appointed as follows:
1.13(1) access to data about witnesses in a criminal case shall be limited to records of
1.14criminal convictions, custody status, custody history, aliases and known monikers, race,
1.15probation status, identity of probation officer, and booking photos; and
1.16(2) access to data regarding the public defender's own client which includes, but
1.17is not limited to, criminal history data under section13.87 ; juvenile offender data under
1.18section299C.095 ; warrant information data under section
299C.115 ; incarceration data
1.19under section299C.14 ; conditional release data under section
241.065 ; and diversion
1.20program data under section299C.46, subdivision 5 .
1.21The public defender has access to data under this section, whether accessed via the
1.22integrated search service as defined in section13.873 or other methods. The public
1.23defender does not have access to law enforcement active investigative data under section
1.2413.82, subdivision 7
; data protected under section
13.82, subdivision 17 ; confidential
2.1arrest warrant indices data under section13.82, subdivision 19 ; or data systems maintained
2.2by a prosecuting attorney. The public defender has access to the data at no charge, except
2.3for the monthly network access charge under section299C.46, subdivision 3 , paragraph
2.4(b), and a reasonable installation charge for a terminal. Notwithstanding section13.87,
2.5subdivision 3 ;
299C.46, subdivision 3 , paragraph (b);
299C.48 , or any other law to the
2.6contrary, there shall be no charge to public defenders for Internet access to the criminal
2.7justice data communications network.
1.3about witnesses that public defenders have for information about a defendant;
1.4amending Minnesota Statutes 2012, section 611.272.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 611.272, is amended to read:
1.7611.272 ACCESS TO GOVERNMENT DATA.
1.8The district public defender, the state public defender, or an attorney working for
1.9a public defense corporation under section
1.10data communications network described in section
1.11Access to data under this section is limited to data necessary to prepare criminal cases in
1.12which the public defender has been appointed as follows:
1.13(1) access to data about witnesses in a criminal case shall be limited to records of
1.14criminal convictions, custody status, custody history, aliases and known monikers, race,
1.15probation status, identity of probation officer, and booking photos; and
1.16(2) access to data regarding the public defender's own client which includes, but
1.17is not limited to, criminal history data under section
1.18section
1.19under section
1.20program data under section
1.21The public defender has access to data under this section, whether accessed via the
1.22integrated search service as defined in section
1.23defender does not have access to law enforcement active investigative data under section
2.1arrest warrant indices data under section
2.2by a prosecuting attorney. The public defender has access to the data at no charge, except
2.3for the monthly network access charge under section
2.4(b), and a reasonable installation charge for a terminal. Notwithstanding section
2.5subdivision 3
2.6contrary, there shall be no charge to public defenders for Internet access to the criminal
2.7justice data communications network.
