Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1893 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to crime; modifying period of time that criminal investigation is active
3	3	1.3 regarding investigative data; amending Minnesota Statutes 2024, section 13.82,
4	4	1.4 subdivision 7.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 13.82, subdivision 7, is amended to read:
7	7	1.7 Subd. 7.Criminal investigative data.Except for the data defined in subdivisions 2, 3,
8	8	1.8and 6, investigative data collected or created by a law enforcement agency in order to prepare
9	9	1.9a case against a person, whether known or unknown, for the commission of a crime or other
10	10	1.10offense for which the agency has primary investigative responsibility are confidential or
11	11	1.11protected nonpublic while the investigation is active. Inactive investigative data are public
12	12	1.12unless the release of the data would jeopardize another ongoing investigation or would
13	13	1.13reveal the identity of individuals protected under subdivision 17. Images and recordings,
14	14	1.14including photographs, video, and audio records, which are part of inactive investigative
15	15	1.15files and which are clearly offensive to common sensibilities are classified as private or
16	16	1.16nonpublic data, provided that the existence of the images and recordings shall be disclosed
17	17	1.17to any person requesting access to the inactive investigative file. An investigation becomes
18	18	1.18inactive upon the occurrence of any of the following events:
19	19	1.19 (a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;
20	20	1.20 (b) expiration of the time to bring a charge or file a complaint under the applicable statute
21	21	1.21of limitations, or 30 20 years after the commission of the offense, whichever comes earliest;
22	22	1.22or
23	23	1Section 1.
24	24	REVISOR KLL/CH 25-0177612/30/24
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1893
30	30	NINETY-FOURTH SESSION
31	31	Authored by McDonald and Novotny03/05/2025
32	32	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis
33	33	2.2of the investigative data.
34	34	2.3 Any investigative data presented as evidence in court shall be public. Data determined
35	35	2.4to be inactive under clause (a) may become active if the agency or appropriate prosecutorial
36	36	2.5authority decides to renew the investigation.
37	37	2.6 During the time when an investigation is active, any person may bring an action in the
38	38	2.7district court located in the county where the data are being maintained to authorize disclosure
39	39	2.8of investigative data. The court may order that all or part of the data relating to a particular
40	40	2.9investigation be released to the public or to the person bringing the action. In making the
41	41	2.10determination as to whether investigative data shall be disclosed, the court shall consider
42	42	2.11whether the benefit to the person bringing the action or to the public outweighs any harm
43	43	2.12to the public, to the agency or to any person identified in the data. The data in dispute shall
44	44	2.13be examined by the court in camera.
45	45	2Section 1.
46	46	REVISOR KLL/CH 25-0177612/30/24