1.1 	A bill for an act
1.2 	relating to public defense; limiting representation by
1.3 	public defenders to statutorily designated persons;
1.4 	providing for public defender access to certain data;
1.5 	amending Minnesota Statutes 2004, sections 611.14;
1.6 	611.16; 611.25, subdivision 1; 611.272; repealing
1.7 	Minnesota Statutes 2004, section 611.18.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 611.14, is
1.10 	amended to read:
1.11 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
1.12 	The following persons who are financially unable to obtain
1.13 	counsel are entitled to be represented by a public defender:
1.14 	(1) a person charged with a felony, gross misdemeanor, or
1.15 	misdemeanor including a person charged under sections 629.01 to
1.16 	629.29;
1.17 	(2) a person appealing from a conviction of a felony or
1.18 	gross misdemeanor, or a person convicted of a felony or gross
1.19 	misdemeanor, who is pursuing a postconviction proceeding and who
1.20 	has not already had a direct appeal of the conviction, but if
1.21 	the person pled guilty and received a presumptive sentence or a
1.22 	downward departure in sentence, and the state public defender
1.23 	reviewed the person's case and determined that there was no
1.24 	basis for an appeal of the conviction or of the sentence, then
1.25 	the state public defender may decline to represent the person in
1.26 	a postconviction remedy case;
2.1 	(3) a person who is entitled to be represented by counsel
2.2 	under section 609.14, subdivision 2; or
2.3 	(4) a minor ten years of age or older who is entitled to be
2.4 	represented by counsel under section 260B.163, subdivision 4, or
2.5 	260C.163, subdivision 3.
2.6 	The Board of Public Defense must not provide or pay for
2.7 	public defender services to persons other than those entitled to
2.8 	representation under this section.

2.9 	EFFECTIVE DATE. This section is effective July 1, 2005.

2.10 	Sec. 2. Minnesota Statutes 2004, section 611.16, is
2.11 	amended to read:
2.12 	611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
2.13 	Any person described in section 611.14or any other person
2.14 	entitled by law to representation by counsel,may at any time
2.15 	request the court in which the matter is pending, or the court
2.16 	in which the conviction occurred, to appoint a public defender
2.17 	to represent the person.  In a proceeding defined by clause (2)
2.18 	of section 611.14, application for the appointment of a public
2.19 	defender may also be made to a judge of the Supreme Court.

2.20 	EFFECTIVE DATE. This section is effective July 1, 2005,
2.21 	and applies to crimes committed on or after that date.

2.22 	Sec. 3. Minnesota Statutes 2004, section 611.25,
2.23 	subdivision 1, is amended to read:
2.24 		Subdivision 1.Representation.  (a) The state public
2.25 	defender shall represent, without charge:
2.26 	(1) a defendant or other person appealing from a conviction
2.27 	of a felony or gross misdemeanor;
2.28 	(2) a person convicted of a felony or gross misdemeanor who
2.29 	is pursuing a postconviction proceeding and who has not already
2.30 	had a direct appeal of the conviction, but if the person pled
2.31 	guilty and received a presumptive sentence or a downward
2.32 	departure in sentence, and the state public defender reviewed
2.33 	the person's case and determined that there was no basis for an
2.34 	appeal of the conviction or of the sentence, then the state
2.35 	public defender may decline to represent the person in a
2.36 	postconviction remedy case; and
3.1 	(3) a child who is appealing from a delinquency
3.2 	adjudication or from an extended jurisdiction juvenile
3.3 	conviction.
3.4 	(b) The state public defender may represent, without
3.5 	charge, all other persons pursuing a postconviction remedy under
3.6 	section 590.01, who are financially unable to obtain counsel.
3.7 	(c) The state public defender shall represent any other
3.8 	person, who is financially unable to obtain counsel, when
3.9 	directed to do so by the Supreme Court or the Court of Appeals,
3.10 	except that The state public defender shall not represent a
3.11 	person in any action or proceeding in which a party is seeking a
3.12 	monetary judgment, recovery or award.  When requested by a
3.13 	district public defender or appointed counsel, the state public
3.14 	defender may assist the district public defender, appointed
3.15 	counsel, or an organization designated in section 611.216 in the
3.16 	performance of duties, including trial representation in matters
3.17 	involving legal conflicts of interest or other special
3.18 	circumstances, and assistance with legal research and brief
3.19 	preparation. When the state public defender is directed by a
3.20 	court to represent a defendant or other person, the state public
3.21 	defender may assign the representation to any district public
3.22 	defender.
3.23 	
EFFECTIVE DATE. This section is effective July 1, 2005,
3.24 	and applies to crimes committed on or after that date.

3.25 	Sec. 4. Minnesota Statutes 2004, section 611.272, is
3.26 	amended to read:
3.27 	611.272 ACCESS TO GOVERNMENT DATA.
3.28 	The district public defender, the state public defender, or
3.29 	an attorney working for a public defense corporation under
3.30 	section 611.216 has access to the criminal justice data
3.31 	communications network described in section 299C.46, as provided
3.32 	in this section.  Access to data under this section is limited
3.33 	to data regarding the public defender's own client as necessary
3.34 	to prepare criminal cases in which the public defender has been
3.35 	appointed, including as follows:
3.36 	(1) access to data about witnesses in a criminal case shall
4.1 	be limited to records of criminal convictions; and 
4.2 	(2) access to data regarding the public defender's own
4.3 	client which includes, but is not limited to, criminal history
4.4 	data under section 13.87; juvenile offender data under section
4.5 	299C.095; warrant information data under section 299C.115;
4.6 	incarceration data under section 299C.14; conditional release
4.7 	data under section 299C.147; and diversion program data under
4.8 	section 299C.46, subdivision 5.
4.9 	The public defender has access to data under this section,
4.10 	whether accessed via CriMNet or other methods.The public
4.11 	defender does not have access to law enforcement active
4.12 	investigative data under section 13.82, subdivision 7; data
4.13 	protected under section 13.82, subdivision 17; or confidential
4.14 	arrest warrant indices data under section 13.82, subdivision 19;
4.15 	or data systems maintained by a prosecuting attorney.  The
4.16 	public defender has access to the data at no charge, except for
4.17 	the monthly network access charge under section 299C.46,
4.18 	subdivision 3, paragraph (b), and a reasonable installation
4.19 	charge for a terminal.  Notwithstanding section 13.87,
4.20 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
4.21 	or any other law to the contrary, there shall be no charge to
4.22 	public defenders for Internet access to the criminal justice
4.23 	data communications network.

4.24 	EFFECTIVE DATE. This section is effective July 1, 2005.

4.25 	Sec. 5. REPEALER.
 4.26 	Minnesota Statutes 2004, section 611.18, is repealed
4.27 	effective July 1, 2005.