Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1822 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 data practices; making portable recording system data on certain elected
3	3	1.3 officials public; amending Minnesota Statutes 2024, section 13.825, subdivision
4	4	1.4 2.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 13.825, subdivision 2, is amended to read:
7	7	1.7 Subd. 2.Data classification; court-authorized disclosure.(a) Data collected by a
8	8	1.8portable recording system are private data on individuals or nonpublic data, subject to the
9	9	1.9following:
10	10	1.10 (1) data that record, describe, or otherwise document actions and circumstances
11	11	1.11surrounding either the discharge of a firearm by a peace officer in the course of duty, if a
12	12	1.12notice is required under section 626.553, subdivision 2, or the use of force by a peace officer
13	13	1.13that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are
14	14	1.14public;
15	15	1.15 (2) data are public if a subject of the data requests it be made accessible to the public,
16	16	1.16except that, if practicable, (i) data on a subject who is not a peace officer and who does not
17	17	1.17consent to the release must be redacted, and (ii) data on a peace officer whose identity is
18	18	1.18protected under section 13.82, subdivision 17, clause (a), must be redacted;
19	19	1.19 (3) subject to paragraphs (b) to (d) (e), portable recording system data that are active
20	20	1.20criminal investigative data are governed by section 13.82, subdivision 7, and portable
21	21	1.21recording system data that are inactive criminal investigative data are governed by this
22	22	1.22section;
23	23	1Section 1.
24	24	25-02420 as introduced02/17/25 REVISOR VH/MI
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 1822NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: DRAHEIM)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/24/2025
31	31	Referred to Judiciary and Public Safety 2.1 (4) portable recording system data that are public personnel data under section 13.43,
32	32	2.2subdivision 2, clause (5), are public; and
33	33	2.3 (5) data that are not public data under other provisions of this chapter retain that
34	34	2.4classification.
35	35	2.5 (b) Notwithstanding section 13.82, subdivision 7, when an individual dies as a result of
36	36	2.6a use of force by a peace officer, an involved officer's law enforcement agency must allow
37	37	2.7the following individuals, upon their request, to inspect all portable recording system data,
38	38	2.8redacted no more than what is required by law, documenting the incident within five days
39	39	2.9of the request, subject to paragraphs (c) and (d):
40	40	2.10 (1) the deceased individual's next of kin;
41	41	2.11 (2) the legal representative of the deceased individual's next of kin; and
42	42	2.12 (3) the other parent of the deceased individual's child.
43	43	2.13 (c) A law enforcement agency may deny a request to inspect portable recording system
44	44	2.14data under paragraph (b) if the agency determines that there is a compelling reason that
45	45	2.15inspection would interfere with an active investigation. If the agency denies access under
46	46	2.16this paragraph, the chief law enforcement officer must provide a prompt, written denial to
47	47	2.17the individual in paragraph (b) who requested the data with a short description of the
48	48	2.18compelling reason access was denied and must provide notice that relief may be sought
49	49	2.19from the district court pursuant to section 13.82, subdivision 7.
50	50	2.20 (d) When an individual dies as a result of a use of force by a peace officer, an involved
51	51	2.21officer's law enforcement agency shall release all portable recording system data, redacted
52	52	2.22no more than what is required by law, documenting the incident no later than 14 days after
53	53	2.23the incident, unless the chief law enforcement officer asserts in writing that the public
54	54	2.24classification would interfere with an ongoing investigation, in which case the data remain
55	55	2.25classified by section 13.82, subdivision 7.
56	56	2.26 (e) Notwithstanding section 13.82, subdivision 7, portable recording system data on a
57	57	2.27data subject who is an elected official and charged with a felony is public data 14 days after
58	58	2.28a criminal complaint is filed.
59	59	2.29 (e) (f) A law enforcement agency may redact or withhold access to portions of data that
60	60	2.30are public under this subdivision if those portions of data are clearly offensive to common
61	61	2.31sensibilities.
62	62	2.32 (f) (g) Section 13.04, subdivision 2, does not apply to collection of data classified by
63	63	2.33this subdivision.
64	64	2Section 1.
65	65	25-02420 as introduced02/17/25 REVISOR VH/MI 3.1 (g) (h) Any person may bring an action in the district court located in the county where
66	66	3.2portable recording system data are being maintained to authorize disclosure of data that are
67	67	3.3private or nonpublic under this section or to challenge a determination under paragraph (e)
68	68	3.4(f) to redact or withhold access to portions of data because the data are clearly offensive to
69	69	3.5common sensibilities. The person bringing the action must give notice of the action to the
70	70	3.6law enforcement agency and subjects of the data, if known. The law enforcement agency
71	71	3.7must give notice to other subjects of the data, if known, who did not receive the notice from
72	72	3.8the person bringing the action. The court may order that all or part of the data be released
73	73	3.9to the public or to the person bringing the action. In making this determination, the court
74	74	3.10shall consider whether the benefit to the person bringing the action or to the public outweighs
75	75	3.11any harm to the public, to the law enforcement agency, or to a subject of the data and, if
76	76	3.12the action is challenging a determination under paragraph (e) (f), whether the data are clearly
77	77	3.13offensive to common sensibilities. The data in dispute must be examined by the court in
78	78	3.14camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
79	79	3.15obtain access to portable recording system data under the Rules of Criminal Procedure.
80	80	3.16 EFFECTIVE DATE.This section is effective the day following final enactment.
81	81	3Section 1.
82	82	25-02420 as introduced02/17/25 REVISOR VH/MI