Bill Text: MN HF1569 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Parental notification required for gang criteria data maintained on a minor by law enforcement agency.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-04-27 - Authors added Slocum and Moran [HF1569 Detail]
Download: Minnesota-2011-HF1569-Introduced.html
1.2relating to public safety; requiring parental notification for gang criteria data
1.3maintained on a minor by a law enforcement agency;amending Minnesota
1.4Statutes 2010, section 299C.091, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.091, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Entry of data into system. (a) A law enforcement agency may submit
1.9data on an individual to the criminal gang investigative data system only if the agency
1.10obtains and maintains the documentation required under this subdivision. Documentation
1.11may include data obtained from other criminal justice agencies, provided that a record of
1.12all of the documentation required under paragraph (b) is maintained by the agency that
1.13submits the data to the bureau. Data maintained by a law enforcement agency to document
1.14an entry in the system are confidential data on individuals as defined in section13.02,
1.15subdivision 3 , but may be released to criminal justice agencies.
1.16(b) A law enforcement agency may submit data on an individual to the bureau for
1.17inclusion in the system if the individual is 14 years of age or older and the agency has
1.18documented that:
1.19(1) the individual has met at least three of the criteria or identifying characteristics of
1.20gang membership developed by the Violent Crime Coordinating Council under section
1.21 299A.642, subdivision 3, clause (8),
as required by the council; and
1.22(2) the individual has been convicted of a gross misdemeanor or felony or has been
1.23adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
1.24misdemeanor or felony if committed by an adult.
2.1(c) A law enforcement agency that maintains data on a minor documenting that
2.2the minor meets any of the criteria or identifying characteristics of gang membership
2.3developed by the Violent Crime Coordinating Council under section 299A.642,
2.4subdivision 3, clause (8), must promptly notify the minor's parent or legal guardian, if
2.5known, that such data is maintained, except when the agency reasonably believes that
2.6notice will endanger an active or ongoing criminal investigation or an individual's personal
2.7safety. The notification must be in writing and include a description of the process that the
2.8parent, legal guardian, or minor may use to inspect or receive a copy of the data, and the
2.9procedure for contesting the accuracy or completeness of the data, to the extent permitted
2.10under chapter 13. If the agency does not send notice as prescribed in this paragraph, the
2.11agency must cause a written report to be made in the database record stating the agency's
2.12belief that an exception exists.
2.13EFFECTIVE DATE.This section is effective July 1, 2011.
1.3maintained on a minor by a law enforcement agency;amending Minnesota
1.4Statutes 2010, section 299C.091, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.091, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Entry of data into system. (a) A law enforcement agency may submit
1.9data on an individual to the criminal gang investigative data system only if the agency
1.10obtains and maintains the documentation required under this subdivision. Documentation
1.11may include data obtained from other criminal justice agencies, provided that a record of
1.12all of the documentation required under paragraph (b) is maintained by the agency that
1.13submits the data to the bureau. Data maintained by a law enforcement agency to document
1.14an entry in the system are confidential data on individuals as defined in section
1.15subdivision 3
1.16(b) A law enforcement agency may submit data on an individual to the bureau for
1.17inclusion in the system if the individual is 14 years of age or older and the agency has
1.18documented that:
1.19(1) the individual has met at least three of the criteria or identifying characteristics of
1.20gang membership developed by the Violent Crime Coordinating Council under section
1.22(2) the individual has been convicted of a gross misdemeanor or felony or has been
1.23adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
1.24misdemeanor or felony if committed by an adult.
2.1(c) A law enforcement agency that maintains data on a minor documenting that
2.2the minor meets any of the criteria or identifying characteristics of gang membership
2.3developed by the Violent Crime Coordinating Council under section
2.4subdivision 3, clause (8),
2.5known, that such data is maintained, except when the agency reasonably believes that
2.6notice will endanger an active or ongoing criminal investigation or an individual's personal
2.7safety. The notification must be in writing and include a description of the process that the
2.8parent, legal guardian, or minor may use to inspect or receive a copy of the data, and the
2.9procedure for contesting the accuracy or completeness of the data, to the extent permitted
2.10under chapter 13. If the agency does not send notice as prescribed in this paragraph, the
2.11agency must cause a written report to be made in the database record stating the agency's
2.12belief that an exception exists.
2.13EFFECTIVE DATE.This section is effective July 1, 2011.
