Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 352-H.F.No. 2618
An act relating to data practices; regulating the
dissemination of data between schools, law
enforcement, and the juvenile justice system;
requiring public employees and officers to make prompt
reports of certain unlawful actions; authorizing
providing certain data to the state auditor for audit
or law enforcement purposes; imposing criminal
penalties; amending Minnesota Statutes 2000, sections
6.715, subdivision 3, by adding a subdivision; 13.32,
subdivisions 7, 8, by adding a subdivision; 13.43, by
adding a subdivision; 13.82, subdivision 17; 120A.22,
subdivision 7; 121A.75; 260B.171, subdivisions 3, 5;
609.415, subdivision 1; 609.456, subdivision 1;
Minnesota Statutes 2001 Supplement, section 124D.10,
subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 6.715,
subdivision 3, is amended to read:
Subd. 3. [LAW ENFORCEMENT.] Notwithstanding any provision
to the contrary in subdivision 2, chapter 13, or any other
statute related to the classification of government data, the
state auditor may share data relating to an audit with
appropriate local law enforcement agencies, including data
classified as not public.
Sec. 2. Minnesota Statutes 2000, section 6.715, is amended
by adding a subdivision to read:
Subd. 4. [ACCESS TO DATA.] It is not a violation of
chapter 13 or any other statute related to the classification of
government data for a state agency, statewide system, or
political subdivision, as defined in section 13.02, to provide
data or information to the state auditor, including data
classified as not public, for the purpose of an audit or
pursuant to section 609.456, subdivision 1.
Sec. 3. Minnesota Statutes 2000, section 13.32,
subdivision 7, is amended to read:
Subd. 7. [USES OF DATA.] School officials who receive data
on juveniles, as authorized under sections section 260B.171 and
260C.171, may use and share that data within the school district
or educational entity as necessary to protect persons and
property or to address the educational and other needs of
students as provided in section 121A.75. A school district, its
agents, and employees who use and share this data in good faith
are immune from civil or criminal liability that might otherwise
result from their actions.
Sec. 4. Minnesota Statutes 2000, section 13.32,
subdivision 8, is amended to read:
Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon
request, the following education data shall be disclosed under
subdivision 3, clause (i), to the juvenile justice system: a
student's full name, home address, telephone number, date of
birth; a student's school schedule, attendance record, and
photographs, if any; and parents' names, home addresses, and
telephone numbers.
(b) In addition, the existence of the following data on
behavior by about a student who is on probation may be disclosed
under subdivision 3, clause (i) or (1), to the juvenile justice
system:
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2,
clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) participation in gang activity as defined by the
criminal gang oversight council under section 299A.64,
subdivision 2, paragraph (b);
(5) theft; or
(6) (5) vandalism or other damage to property.
Any request for access to data under this paragraph must
contain an explanation of why access to the data is necessary to
serve the student or to protect students or staff.
(c) A superintendent of a school district principal or
chief administrative officer of a school who discloses receives
a request to disclose information about a student to the
juvenile justice system under this paragraph (b) shall, to the
extent permitted by federal law, notify the student's parent or
guardian by certified mail of the disclosure request to disclose
information before disclosing the information. If the student's
parent or guardian notifies the principal or chief
administrative officer within ten days of receiving the
certified notice that the parent or guardian objects to the
disclosure, the principal or chief administrative officer must
not disclose the information. The principal or chief
administrative officer must inform the requesting member of the
juvenile justice system of the objection.
(d) A principal or chief administrative officer is not
required to create data under this subdivision. Information
provided in response to a data request under paragraph (b) shall
indicate only whether the data described in paragraph (b)
exist. The principal or chief administrative officer is not
authorized under paragraph (b) to disclose the actual data or
other information contained in the student's education record.
A principal or chief administrative officer is not required to
provide data that are protected by court order. A principal or
chief administrative officer must respond to a data request
within 14 days if no objection is received from the parent or
guardian.
(e) Nothing in this subdivision shall limit the disclosure
of educational data pursuant to court order.
(f) A school district, its agents, and employees who
provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney
fees in an action under section 13.08, or other law, or for a
penalty under section 13.09.
(g) Section 13.03, subdivision 4, applies to data that are
shared under this subdivision with a government entity. If data
are shared with a member of the juvenile justice system who is
not a government entity, the person receiving the shared data
must treat the data consistent with the requirements of this
chapter applicable to a government entity.
(h) A member of the juvenile justice system who falsely
certifies a request for data under this section is subject to
the penalties under section 13.09.
Sec. 5. Minnesota Statutes 2000, section 13.32, is amended
by adding a subdivision to read:
Subd. 9. [FORMS.] To make a data request under subdivision
8, paragraph (b), a member of the juvenile justice system must
use the following form:
REQUEST FOR INFORMATION
Family Educational Rights and Privacy Act/
Minnesota Government Data Practices Act
DATE/TIME OF REQUEST ............................
TO: ........................................
(Superintendent of school district
or chief administrative officer of school)
FROM: ........................................
(Requester's name/agency)
STUDENT: .......................................
BASIS FOR REQUEST
... Juvenile delinquency investigation/prosecution
... Child protection assessment/investigation
... Investigation/filing of CHIPS or delinquency
petition
REASON FOR REQUEST (requester must describe why information
regarding existence of the data marked below is necessary to
effectively serve the student)...................................
.................................................................
.................................................................
.................................................................
RESPONSE TO REQUEST
The school must indicate whether it has data on the student
that document any activity or behavior marked by the requester.
INFORMATION REQUESTED (mark all that apply) RESPONSE
Indicate whether you have data
that document the student's: (yes or no)
... use of a controlled substance, alcohol,
or tobacco ....
... assaultive or threatening conduct as defined
in Minnesota Statutes, section 13.32,
subdivision 8 ....
... possession or use of weapons or look-alike
weapons ....
... theft ....
... vandalism and damage to property ....
CERTIFICATION: The undersigned certifies that the undersigned
is a member of the juvenile justice system. The requested data
are needed by the juvenile justice system so it may effectively
serve, prior to adjudication, the student whose records are
released. The undersigned will not disclose the information
received to any other party, except as provided under state law,
without prior written consent as required by Code of Federal
Regulations, title 34, section 99.38(b). The undersigned
further certifies that the undersigned understands that by
signing this request, the undersigned is subject to the
penalties in Minnesota Statutes, section 13.09.
.......................................................
Signature/Title
Sec. 6. Minnesota Statutes 2000, section 13.43, is amended
by adding a subdivision to read:
Subd. 15. [DISSEMINATION OF DATA TO LAW ENFORCEMENT.]
Private personnel data, or data on employees that are
confidential data under section 13.39, may be disseminated to a
law enforcement agency for the purpose of reporting a crime or
alleged crime committed by an employee, or for the purpose of
assisting law enforcement in the investigation of a crime
committed or allegedly committed by an employee.
Sec. 7. Minnesota Statutes 2000, section 13.82,
subdivision 17, is amended to read:
Subd. 17. [PROTECTION OF IDENTITIES.] A law enforcement
agency or a law enforcement dispatching agency working under
direction of a law enforcement agency shall withhold public
access to data on individuals to protect the identity of
individuals in the following circumstances:
(a) when access to the data would reveal the identity of an
undercover law enforcement officer, as provided in section
13.43, subdivision 5;
(b) when access to the data would reveal the identity of a
victim or alleged victim of criminal sexual conduct or of a
violation of section 617.246, subdivision 2;
(c) when access to the data would reveal the identity of a
paid or unpaid informant being used by the agency if the agency
reasonably determines that revealing the identity of the
informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a
victim of or witness to a crime if the victim or witness
specifically requests not to be identified publicly, unless the
agency reasonably determines that revealing the identity of the
victim or witness would not threaten the personal safety or
property of the individual;
(e) when access to the data would reveal the identity of a
deceased person whose body was unlawfully removed from a
cemetery in which it was interred;
(f) when access to the data would reveal the identity of a
person who placed a call to a 911 system or the identity or
telephone number of a service subscriber whose phone is used to
place a call to the 911 system and: (1) the agency determines
that revealing the identity may threaten the personal safety or
property of any person; or (2) the object of the call is to
receive help in a mental health emergency. For the purposes of
this paragraph, a voice recording of a call placed to the 911
system is deemed to reveal the identity of the caller;
(g) when access to the data would reveal the identity of a
juvenile witness and the agency reasonably determines that the
subject matter of the investigation justifies protecting the
identity of the witness; or
(h) when access to the data would reveal the identity of a
mandated reporter under sections section 609.456, 626.556 and,
or 626.557.
Data concerning individuals whose identities are protected
by this subdivision are private data about those individuals.
Law enforcement agencies shall establish procedures to acquire
the data and make the decisions necessary to protect the
identity of individuals described in clauses (c), (d), (f), and
(g).
Sec. 8. Minnesota Statutes 2000, section 120A.22,
subdivision 7, is amended to read:
Subd. 7. [EDUCATION RECORDS.] (a) A district from which a
student is transferring must transmit the student's educational
records, within ten business days of a request, to the district
in which the student is enrolling. Districts must make
reasonable efforts to determine the district in which a
transferring student is next enrolling in order to comply with
this subdivision.
(b) A school district that transmits a student's
educational records to another school district or other
educational entity to which the student is transferring must
include in the transmitted records information about
disciplinary action taken as a result of any incident in which
the student possessed or used a dangerous weapon.
(c) Notwithstanding section 138.17, a principal or chief
administrative officer must remove from a student's educational
record and destroy a probable cause notice received under
section 260B.171, subdivision 5, or paragraph (d), if one year
has elapsed since the date of the notice and the principal or
chief administrative officer has not received a disposition or
court order related to the offense described in the notice.
This paragraph does not apply if the student no longer attends
the school when this one-year period expires.
(d) A principal or chief administrative officer who
receives a probable cause notice under section 260B.171,
subdivision 5, or a disposition or court order, must include a
copy of that data in the student's educational records if they
are transmitted to another school, unless the data are required
to be destroyed under paragraph (c) or section 121A.75.
Sec. 9. Minnesota Statutes 2000, section 121A.75, is
amended to read:
121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section "principal" means a principal or other person having
general administrative control and supervision of a school.
(b) For purposes of this section, "school" means a public
school under section 120A.22, subdivision 4; a nonpublic school
under section 120A.22, subdivision 4, that elects to comply with
this section; and a charter school under section 124D.10, but
does not mean a home school.
Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a
disposition order under section 260B.171, subdivision 3, the
superintendent of the student's school district or chief
administrative officer of the student's school must immediately
transmit the order to the principal of the school where the
student is in attendance. The principal must place the
disposition order in the student's permanent education record.
The principal must also immediately notify any counselor
directly supervising or reporting on the behavior or progress of
the student. In addition, the principal must immediately notify
any teacher or administrator who directly supervises or reports
on the behavior or progress of the student whom the principal
believes needs the data to work with the student in an
appropriate manner, to avoid being needlessly vulnerable, or to
protect other persons from needless vulnerability. The
principal may also notify other district employees, substitutes,
and volunteers who are in direct contact with the student, if
they determine these individuals need the data to work with the
student in an appropriate manner, to avoid being needlessly
vulnerable, or to protect other persons from needless
vulnerability. When provided in the disposition order, the
notice given under this paragraph by the principal must identify
the student, outline the offense, and describe any conditions of
probation about which the school must provide information.
(c) (b) Information received under this subdivision is
private data on individuals as defined in section 13.32 and is
received for the limited purpose of serving the educational
needs of the student and protecting students or staff. The data
may not be further disseminated by the teacher, counselor, staff
member, administrator, substitute, or volunteer;, except as
necessary to serve the student, to protect students or staff, or
as otherwise required by law, and only to the following persons:
(1) the student; or
(2) the student's parent or guardian;
(3) law enforcement officers; or
(4) the student's probation officer.
(d) (c) If a student is removed from school as part of the
disposition order, the superintendent of the student's school
district or chief administrative officer of the student's school
must maintain the copy of the order in a secure file and shall
notify the principal when the student is returned to school. If
the student is returned to a different school district or
school, the student's probation officer must send a copy of the
disposition order to the superintendent of the new school
district or the chief administrative officer of the new school.
(e) (d) The disposition order must be included if the
student's permanent education record is released to another
school district or educational entity to which the student is
transferring under section 120A.22, subdivision 7.
(f) (e) Notwithstanding section 138.17, a disposition order
received under section 260B.171, subdivision 3, paragraph (a),
must be destroyed when the student graduates from school or at
the end of the school year in which the student reaches age 23,
whichever is earlier. A disposition order received under
section 260B.171, subdivision 3, paragraph (b), must be
destroyed when the student is discharged from probation.
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) A law
enforcement agency must transmit the notice required by section
260B.171, subdivision 5, to the superintendent of the student's
school district who must immediately transmit the notice to the
principal of the school the student attends, or to the principal
of the school the student attends if there is no
superintendent. The principal must place the notice in the
student's educational record. The principal must immediately
notify any teacher, counselor, or administrator directly
supervising the student who the principal believes needs the
data to work with the student in an appropriate manner, to avoid
being needlessly vulnerable, or to protect other persons from
needless vulnerability. The principal may also notify other
district employees, substitutes, or volunteers who are in direct
contact with the student if the principal determines these
individuals need the data to work with the juvenile in an
appropriate manner, to avoid being needlessly vulnerable, or to
protect other persons from needless vulnerability. When
provided in the peace officer notice, the notice from the
principal must identify the student and describe the alleged
offense.
(b) Data received under this subdivision are private data
on individuals under section 13.32 and are received for the
limited purpose of serving the student's educational needs and
protecting students or staff. The teacher, counselor, staff
member, administrator, substitute, or volunteer must not further
disseminate the data, except to communicate with the student or
the student's parent or guardian as needed to serve the student,
protect students or staff, or as otherwise required by law.
(c) The principal must include the notice in the student's
educational record as required by section 120A.22, subdivision 7.
(d) If the county attorney determines not to proceed with a
petition alleging any offense in section 260B.171, subdivision
3, paragraph (a), clauses (1) to (3), or directs the student
into a diversion or mediation program, the county attorney must
notify the superintendent of the student's school district who
must immediately transmit the notice to the principal of the
school the student attends, or to the principal of the school
that the student attends if there is no superintendent. The
notice must contain the name of the student and a summary of the
resolution of the case. Notwithstanding section 138.17, the
principal must delete the peace officer's report and notice from
the student's educational record and destroy the data and make
reasonable efforts to notify any teacher, counselor, staff
member, administrator, substitute, or volunteer who received
data from the peace officer notice.
(e) If the juvenile court makes a decision on a petition
that alleges any offense in section 260B.171, subdivision 3,
paragraph (a), clauses (1) to (3), and the decision affects a
student and is not a disposition order, the court must notify
the superintendent of the student's school district who must
immediately transmit the notice to the principal of the school
the student attends, or to the principal of the school that the
student attends if there is no superintendent, of the decision.
Notwithstanding section 138.17, the principal must delete the
peace officer's report and notice from the student's educational
record and destroy the data and make reasonable efforts to
notify any teacher, counselor, staff member, administrator,
substitute, or volunteer who received data from the peace
officer notice.
(f) In addition to the data destruction requirements of
this subdivision, a principal must comply with the requirements
of section 120A.22, subdivision 7.
Sec. 10. Minnesota Statutes 2001 Supplement, section
124D.10, subdivision 8, is amended to read:
Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter
school shall meet all applicable state and local health and
safety requirements.
(b) A school sponsored by a school board may be located in
any district, unless the school board of the district of the
proposed location disapproves by written resolution.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other
operations. A sponsor may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or
a religious institution.
(d) Charter schools must not be used as a method of
providing education or generating revenue for students who are
being home-schooled.
(e) The primary focus of a charter school must be to
provide a comprehensive program of instruction for at least one
grade or age group from five through 18 years of age.
Instruction may be provided to people younger than five years
and older than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with
chapter 363 and section 121A.04.
(h) A charter school is subject to and must comply with the
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
Minnesota Public School Fee Law, sections 123B.34 to 123B.39.
(i) A charter school is subject to the same financial
audits, audit procedures, and audit requirements as a district.
Audits must be conducted in compliance with generally accepted
governmental auditing standards, the Federal Single Audit Act,
if applicable, and section 6.65. A charter school is subject to
and must comply with sections 15.054; 118A.01; 118A.02; 118A.03;
118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38;
471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3,
4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must
comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the
program at the school. Deviations must be approved by the
commissioner. The department of children, families, and
learning, state auditor, or legislative auditor may conduct
financial, program, or compliance audits. A charter school
determined to be in statutory operating debt under sections
123B.81 to 123B.83 must submit a plan under section 123B.81,
subdivision 4.
(j) A charter school is a district for the purposes of tort
liability under chapter 466.
(k) A charter school must comply with sections 13.32;
120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3
and 5.
Sec. 11. Minnesota Statutes 2000, section 260B.171,
subdivision 3, is amended to read:
Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
juvenile is enrolled in school, the juvenile's probation officer
shall transmit a copy of the court's disposition order to the
superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile
has been adjudicated delinquent for committing an act on the
school's property or an act:
(1) that would be a violation of section 609.185
(first-degree murder); 609.19 (second-degree murder); 609.195
(third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
(false imprisonment); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3451 (fifth-degree
criminal sexual conduct); 609.498 (tampering with a witness);
609.561 (first-degree arson); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or 609.749
(harassment and stalking), if committed by an adult;
(2) that would be a violation of section 152.021
(first-degree controlled substance crime); 152.022
(second-degree controlled substance crime); 152.023
(third-degree controlled substance crime); 152.024
(fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a
controlled substance); or 152.027 (other controlled substance
offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous
weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this
subdivision, the probation officer shall notify the juvenile's
parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) In addition, the juvenile's probation officer may
transmit a copy of the court's disposition order to the
superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile
has been adjudicated delinquent for offenses not listed in
paragraph (a) and placed on probation. The probation officer
shall notify the superintendent or chief administrative officer
when the juvenile is discharged from probation.
(c) The disposition order must be accompanied by a notice
to the school that the school may obtain additional information
from the juvenile's probation officer with the consent of the
juvenile or the juvenile's parents, as applicable. The
disposition order must be maintained, shared, or released only
as provided in section 121A.07 121A.75.
(d) The juvenile's probation officer shall maintain a
record of disposition orders released under this subdivision and
the basis for the release.
(e) No later than September 1, 2002, the criminal and
juvenile justice information policy group, in consultation with
representatives of probation officers and educators, shall
prepare standard forms for use by juvenile probation officers in
forwarding information to schools under this subdivision and in
maintaining a record of the information that is released. The
group shall provide a copy of any forms or procedures developed
under this paragraph to the legislature by January 15, 2003.
(f) As used in this subdivision, "school" means a charter
school or a school as defined in section 120A.22, subdivision 4,
except a home school.
Sec. 12. Minnesota Statutes 2000, section 260B.171,
subdivision 5, is amended to read:
Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260B.163, subdivision 1, peace officers' records
of children who are or may be delinquent or who may be engaged
in criminal acts shall be kept separate from records of persons
18 years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 121A.28, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, (5) to the Minnesota crime victims
reparations board as required by section 611A.56, subdivision 2,
clause (f), for the purpose of processing claims for crime
victims reparations, or (6) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169A.20. Peace officers' records
containing data about children who are victims of crimes or
witnesses to crimes must be administered consistent with section
13.82, subdivisions 2, 3, 4, and 10. Any person violating any
of the provisions of this subdivision shall be guilty of a
misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary for law enforcement
purposes.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260B.175, subdivision 1, clause (b),
provided that the photograph must be destroyed when the child
reaches the age of 19 years. The commissioner of corrections
may photograph juveniles whose legal custody is transferred to
the commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not an adult court traffic offense
under section 260B.225.
(e) The head of a law enforcement agency or a person
specifically given the duty by the head of the law enforcement
agency shall notify the principal superintendent or chief
administrative officer of a juvenile's school of an incident
occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 3,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary, or charter
school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social services agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
(h) Upon written request, the prosecuting authority shall
release investigative data collected by a law enforcement agency
to the victim of a criminal act or alleged criminal act or to
the victim's legal representative, except as otherwise provided
by this paragraph. Data shall not be released if:
(1) the release to the individual subject of the data would
be prohibited under section 13.821; or
(2) the prosecuting authority reasonably believes:
(i) that the release of that data will interfere with the
investigation; or
(ii) that the request is prompted by a desire on the part
of the requester to engage in unlawful activities.
Sec. 13. Minnesota Statutes 2000, section 609.415,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in sections 609.415
to 609.465, and 609.515,
(1) "Public officer" means:
(a) an executive or administrative officer of the state or
of a county, municipality or other subdivision or agency of the
state;
(b) a member of the legislature or of a governing board of
a county, municipality, or other subdivision of the state, or
other governmental instrumentality within the state;
(c) a judicial officer;
(d) a hearing officer;
(e) a law enforcement officer; or
(f) any other person exercising the functions of a public
officer.
(2) "Public employee" means a person employed by or acting
for the state or a county, municipality, or other subdivision or
governmental instrumentality of the state for the purpose of
exercising their respective powers and performing their
respective duties, and who is not a public officer. Public
employee includes a member of a charter commission.
(3) "Judicial officer" means a judge, court commissioner,
referee, or any other person appointed by a judge or court to
hear or determine a cause or controversy.
(4) "Hearing officer" means any person authorized by law or
private agreement to hear or determine a cause or controversy
who is not a judicial officer.
(5) "Political subdivision" means a county, town, statutory
or home rule charter city, school district, special service
district, or other municipal corporation of the state of
Minnesota.
Sec. 14. Minnesota Statutes 2000, section 609.456,
subdivision 1, is amended to read:
Subdivision 1. [STATE AUDITOR.] Whenever a public employee
or public officer of a political subdivision or charter
commission discovers evidence of theft, embezzlement, or
unlawful use of public funds or property, or misuse of public
funds by a charter commission or any person authorized to expend
public funds, the employee or elected official officer shall,
except when to do so would knowingly impede or otherwise
interfere with an ongoing criminal investigation, promptly
report to law enforcement and shall promptly report in writing
to the state auditor a detailed description of the alleged
incident or incidents. Notwithstanding chapter 13 or any other
statute related to the classification of government data, the
public employee or public officer shall provide data or
information related to the alleged incident or incidents to the
state auditor and law enforcement, including data classified as
not public.
Presented to the governor April 30, 2002
Signed by the governor May 1, 2002, 2:36 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes