Bill Text: MN SF1002 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Public defender access to witness data modification and department of corrections data practice audit requirements
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-14 - Second reading [SF1002 Detail]
Download: Minnesota-2013-SF1002-Engrossed.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, sections 241.065, subdivision 4; 611.272.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:
1.7 Subd. 4. Procedures. (a) The Department of Corrections shall adopt procedures
1.8to provide for the orderly collection, entry, retrieval, and deletion of data contained in
1.9the statewide supervision system.
1.10(b) The Department of Corrections shall establish and implement audit requirements
1.11to ensure that authorized users comply with applicable data practices laws governing
1.12access to and use of the data.
1.13 Sec. 2. Minnesota Statutes 2012, section 611.272, is amended to read:
1.14611.272 ACCESS TO GOVERNMENT DATA.
1.15The district public defender, the state public defender, or an attorney working for
1.16a public defense corporation under section611.216 has access to the criminal justice
1.17data communications network described in section299C.46 , as provided in this section.
1.18Access to data under this section is limited to data necessary to prepare criminal cases in
1.19which the public defender has been appointed as follows:
1.20(1) access to data about witnesses in a criminal case shall be limited to records of
1.21criminal convictions, custody status, custody history, aliases and known monikers, race,
1.22probation status, identity of probation officer, and booking photos; and
2.1(2) access to data regarding the public defender's own client which includes, but
2.2is not limited to, criminal history data under section13.87 ; juvenile offender data under
2.3section299C.095 ; warrant information data under section
299C.115 ; incarceration data
2.4under section299C.14 ; conditional release data under section
241.065 ; and diversion
2.5program data under section299C.46, subdivision 5 .
2.6The public defender has access to data under this section, whether accessed via the
2.7integrated search service as defined in section13.873 or other methods. The public
2.8defender does not have access to law enforcement active investigative data under section
2.913.82, subdivision 7
; data protected under section
13.82, subdivision 17 ; confidential
2.10arrest warrant indices data under section13.82, subdivision 19 ; or data systems maintained
2.11by a prosecuting attorney. The public defender has access to the data at no charge, except
2.12for the monthly network access charge under section299C.46, subdivision 3 , paragraph
2.13(b), and a reasonable installation charge for a terminal. Notwithstanding section13.87,
2.14subdivision 3 ;
299C.46, subdivision 3 , paragraph (b);
299C.48 , or any other law to the
2.15contrary, there shall be no charge to public defenders for Internet access to the criminal
2.16justice data communications network.
1.3about witnesses that public defenders have for information about a defendant;
1.4amending Minnesota Statutes 2012, sections 241.065, subdivision 4; 611.272.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:
1.7 Subd. 4. Procedures. (a) The Department of Corrections shall adopt procedures
1.8to provide for the orderly collection, entry, retrieval, and deletion of data contained in
1.9the statewide supervision system.
1.10(b) The Department of Corrections shall establish and implement audit requirements
1.11to ensure that authorized users comply with applicable data practices laws governing
1.12access to and use of the data.
1.13 Sec. 2. Minnesota Statutes 2012, section 611.272, is amended to read:
1.14611.272 ACCESS TO GOVERNMENT DATA.
1.15The district public defender, the state public defender, or an attorney working for
1.16a public defense corporation under section
1.17data communications network described in section
1.18Access to data under this section is limited to data necessary to prepare criminal cases in
1.19which the public defender has been appointed as follows:
1.20(1) access to data about witnesses in a criminal case shall be limited to records of
1.21criminal convictions, custody status, custody history, aliases and known monikers, race,
1.22probation status, identity of probation officer, and booking photos; and
2.1(2) access to data regarding the public defender's own client which includes, but
2.2is not limited to, criminal history data under section
2.3section
2.4under section
2.5program data under section
2.6The public defender has access to data under this section, whether accessed via the
2.7integrated search service as defined in section
2.8defender does not have access to law enforcement active investigative data under section
2.10arrest warrant indices data under section
2.11by a prosecuting attorney. The public defender has access to the data at no charge, except
2.12for the monthly network access charge under section
2.13(b), and a reasonable installation charge for a terminal. Notwithstanding section
2.14subdivision 3
2.15contrary, there shall be no charge to public defenders for Internet access to the criminal
2.16justice data communications network.
