| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to crime; modifying period of time that criminal investigation is active |
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| 3 | 3 | | 1.3 regarding investigative data; amending Minnesota Statutes 2024, section 13.82, |
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| 4 | 4 | | 1.4 subdivision 7. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 13.82, subdivision 7, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 7.Criminal investigative data.Except for the data defined in subdivisions 2, 3, |
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| 8 | 8 | | 1.8and 6, investigative data collected or created by a law enforcement agency in order to prepare |
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| 9 | 9 | | 1.9a case against a person, whether known or unknown, for the commission of a crime or other |
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| 10 | 10 | | 1.10offense for which the agency has primary investigative responsibility are confidential or |
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| 11 | 11 | | 1.11protected nonpublic while the investigation is active. Inactive investigative data are public |
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| 12 | 12 | | 1.12unless the release of the data would jeopardize another ongoing investigation or would |
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| 13 | 13 | | 1.13reveal the identity of individuals protected under subdivision 17. Images and recordings, |
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| 14 | 14 | | 1.14including photographs, video, and audio records, which are part of inactive investigative |
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| 15 | 15 | | 1.15files and which are clearly offensive to common sensibilities are classified as private or |
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| 16 | 16 | | 1.16nonpublic data, provided that the existence of the images and recordings shall be disclosed |
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| 17 | 17 | | 1.17to any person requesting access to the inactive investigative file. An investigation becomes |
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| 18 | 18 | | 1.18inactive upon the occurrence of any of the following events: |
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| 19 | 19 | | 1.19 (a) a decision by the agency or appropriate prosecutorial authority not to pursue the case; |
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| 20 | 20 | | 1.20 (b) expiration of the time to bring a charge or file a complaint under the applicable statute |
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| 21 | 21 | | 1.21of limitations, or 30 20 years after the commission of the offense, whichever comes earliest; |
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| 22 | 22 | | 1.22or |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | 25-01776 as introduced12/30/24 REVISOR KLL/CH |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 631NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: ANDERSON, Lieske, Howe and Carlson) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading01/27/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1 (c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis |
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| 32 | 32 | | 2.2of the investigative data. |
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| 33 | 33 | | 2.3 Any investigative data presented as evidence in court shall be public. Data determined |
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| 34 | 34 | | 2.4to be inactive under clause (a) may become active if the agency or appropriate prosecutorial |
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| 35 | 35 | | 2.5authority decides to renew the investigation. |
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| 36 | 36 | | 2.6 During the time when an investigation is active, any person may bring an action in the |
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| 37 | 37 | | 2.7district court located in the county where the data are being maintained to authorize disclosure |
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| 38 | 38 | | 2.8of investigative data. The court may order that all or part of the data relating to a particular |
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| 39 | 39 | | 2.9investigation be released to the public or to the person bringing the action. In making the |
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| 40 | 40 | | 2.10determination as to whether investigative data shall be disclosed, the court shall consider |
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| 41 | 41 | | 2.11whether the benefit to the person bringing the action or to the public outweighs any harm |
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| 42 | 42 | | 2.12to the public, to the agency or to any person identified in the data. The data in dispute shall |
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| 43 | 43 | | 2.13be examined by the court in camera. |
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| 44 | 44 | | 2Section 1. |
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| 45 | 45 | | 25-01776 as introduced12/30/24 REVISOR KLL/CH |
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