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