1.1 	A bill for an act
1.2 	relating to public safety; authorizing the Bureau of
1.3 	Criminal Apprehension to add certain identifying
1.4 	information of an individual who is the subject of a
1.5 	background check to the criminal history under certain
1.6 	circumstances; amending Minnesota Statutes 2004,
1.7 	section 299C.11.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 299C.11, is
1.10 	amended to read:
1.11 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
1.12 	(a) Each sheriff and chief of police shall furnish the
1.13 	bureau, upon such form as the superintendent shall prescribe,
1.14 	with such finger and thumb prints, photographs, distinctive
1.15 	physical mark identification data, information on known aliases
1.16 	and street names, and other identification data as may be
1.17 	requested or required by the superintendent of the bureau, which
1.18 	must be taken under the provisions of section 299C.10.  In
1.19 	addition, sheriffs and chiefs of police shall furnish this
1.20 	identification data to the bureau for individuals found to have
1.21 	been convicted of a felony, gross misdemeanor, or targeted
1.22 	misdemeanor, within the ten years immediately preceding their
1.23 	arrest. When the bureau learns that an individual who is the
1.24 	subject of a background check has used, or is using, identifying
1.25 	information, including, but not limited to, name and date of
1.26 	birth, other than those listed on the criminal history, the
2.1 	bureau may add the new identifying information to the criminal
2.2 	history when supported by fingerprints.
2.3 	(b) No petition under chapter 609A is required if the
2.4 	person has not been convicted of any felony or gross
2.5 	misdemeanor, either within or without the state, within the
2.6 	period of ten years immediately preceding the determination of
2.7 	all pending criminal actions or proceedings in favor of the
2.8 	arrested person, and either of the following occurred:
2.9 	(1) all charges were dismissed prior to a determination of
2.10 	probable cause; or
2.11 	(2) the prosecuting authority declined to file any charges
2.12 	and a grand jury did not return an indictment.
2.13 	Where these conditions are met, the bureau or agency shall, upon
2.14 	demand, return to the arrested person finger and thumb prints,
2.15 	photographs, distinctive physical mark identification data,
2.16 	information on known aliases and street names, and other
2.17 	identification data, and all copies and duplicates of them.
2.18 	(c) Except as otherwise provided in paragraph (b), upon the
2.19 	determination of all pending criminal actions or proceedings in
2.20 	favor of the arrested person, and the granting of the petition
2.21 	of the arrested person under chapter 609A, the bureau shall seal
2.22 	finger and thumb prints, photographs, distinctive physical mark
2.23 	identification data, information on known aliases and street
2.24 	names, and other identification data, and all copies and
2.25 	duplicates of them if the arrested person has not been convicted
2.26 	of any felony or gross misdemeanor, either within or without the
2.27 	state, within the period of ten years immediately preceding such
2.28 	determination.
2.29 	(d) DNA samples and DNA records of the arrested person
2.30 	shall not be returned, sealed, or destroyed as to a charge
2.31 	supported by probable cause.
2.32 	(e) For purposes of this section:
2.33 	(1) "determination of all pending criminal actions or
2.34 	proceedings in favor of the arrested person" does not include:
2.35 	(i) the sealing of a criminal record pursuant to section
2.36 	152.18, subdivision 1, 242.31, or chapter 609A;
3.1 	(ii) the arrested person's successful completion of a
3.2 	diversion program;
3.3 	(iii) an order of discharge under section 609.165; or
3.4 	(iv) a pardon granted under section 638.02; and
3.5 	(2) "targeted misdemeanor" has the meaning given in section
3.6 	299C.10, subdivision 1.