Bill Text: MN HF1913 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Criminal investigative data agencies clarified.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Civil Law [HF1913 Detail]
Download: Minnesota-2013-HF1913-Introduced.html
1.2relating to data practices; clarifying agencies maintaining criminal investigative
1.3data;amending Minnesota Statutes 2012, section 13.82, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 13.82, subdivision 7, is amended to read:
1.6 Subd. 7. Criminal investigative data. Except for the data defined in subdivisions
1.72, 3, and 6, investigative data collected or created by a law enforcement agency or a
1.8prosecutorial authority in order to prepare a case against a person, whether known or
1.9unknown, for the commission of a crime or other offense for which the agency has
1.10primary investigative responsibility are confidential or protected nonpublic while the
1.11investigation is active. Inactive investigative data are public unless the release of the data
1.12would jeopardize another ongoing investigation or would reveal the identity of individuals
1.13protected under subdivision 17. Photographs which are part of inactive investigative
1.14files and which are clearly offensive to common sensibilities are classified as private or
1.15nonpublic data, provided that the existence of the photographs shall be disclosed to any
1.16person requesting access to the inactive investigative file. An investigation becomes
1.17inactive upon the occurrence of any of the following events:
1.18(a) a decision by the agency or appropriate prosecutorial authority not to pursue
1.19the case;
1.20(b) expiration of the time to bring a charge or file a complaint under the applicable
1.21statute of limitations, or 30 years after the commission of the offense, whichever comes
1.22earliest; or
1.23(c) exhaustion of or expiration of all rights of appeal by a person convicted on
1.24the basis of the investigative data.
2.1Any investigative data presented as evidence in court shall be public. Data
2.2determined to be inactive under clause (a) may become active if the agency or appropriate
2.3prosecutorial authority decides to renew the investigation.
2.4During the time when an investigation is active, any person may bring an action in
2.5the district court located in the county where the data are being maintained to authorize
2.6disclosure of investigative data. The court may order that all or part of the data relating to
2.7a particular investigation be released to the public or to the person bringing the action. In
2.8making the determination as to whether investigative data shall be disclosed, the court
2.9shall consider whether the benefit to the person bringing the action or to the public
2.10outweighs any harm to the public, to the agency or to any person identified in the data.
2.11The data in dispute shall be examined by the court in camera.
1.3data;amending Minnesota Statutes 2012, section 13.82, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 13.82, subdivision 7, is amended to read:
1.6 Subd. 7. Criminal investigative data. Except for the data defined in subdivisions
1.72, 3, and 6, investigative data collected or created by a law enforcement agency or a
1.8prosecutorial authority in order to prepare a case against a person, whether known or
1.9unknown, for the commission of a crime or other offense for which the agency has
1.10primary investigative responsibility are confidential or protected nonpublic while the
1.11investigation is active. Inactive investigative data are public unless the release of the data
1.12would jeopardize another ongoing investigation or would reveal the identity of individuals
1.13protected under subdivision 17. Photographs which are part of inactive investigative
1.14files and which are clearly offensive to common sensibilities are classified as private or
1.15nonpublic data, provided that the existence of the photographs shall be disclosed to any
1.16person requesting access to the inactive investigative file. An investigation becomes
1.17inactive upon the occurrence of any of the following events:
1.18(a) a decision by the agency or appropriate prosecutorial authority not to pursue
1.19the case;
1.20(b) expiration of the time to bring a charge or file a complaint under the applicable
1.21statute of limitations, or 30 years after the commission of the offense, whichever comes
1.22earliest; or
1.23(c) exhaustion of or expiration of all rights of appeal by a person convicted on
1.24the basis of the investigative data.
2.1Any investigative data presented as evidence in court shall be public. Data
2.2determined to be inactive under clause (a) may become active if the agency or appropriate
2.3prosecutorial authority decides to renew the investigation.
2.4During the time when an investigation is active, any person may bring an action in
2.5the district court located in the county where the data are being maintained to authorize
2.6disclosure of investigative data. The court may order that all or part of the data relating to
2.7a particular investigation be released to the public or to the person bringing the action. In
2.8making the determination as to whether investigative data shall be disclosed, the court
2.9shall consider whether the benefit to the person bringing the action or to the public
2.10outweighs any harm to the public, to the agency or to any person identified in the data.
2.11The data in dispute shall be examined by the court in camera.
