1.1                          A bill for an act
  1.2             relating to government data practices; medical 
  1.3             examiner data; allowing sharing of such data with a 
  1.4             state or federal agency charged with investigating a 
  1.5             death; amending Minnesota Statutes 1994, section 
  1.6             13.83, subdivisions 4 and 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 13.83, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [INVESTIGATIVE DATA.] Data created or collected 
  1.11  by a county coroner or medical examiner which is part of an 
  1.12  active investigation mandated by chapter 390, or any other 
  1.13  general or local law relating to coroners or medical examiners 
  1.14  is confidential data or protected nonpublic data, until the 
  1.15  completion of the coroner's or medical examiner's final summary 
  1.16  of findings at which point but may be disclosed to a state or 
  1.17  federal agency charged by law with investigating the death of 
  1.18  the deceased individual about whom the medical examiner or 
  1.19  coroner has medical examiner data.  Upon completion of the 
  1.20  coroner's or medical examiner's final summary of findings, the 
  1.21  data collected in the investigation and the final 
  1.22  summary thereof shall become of it are private or nonpublic 
  1.23  data, unless.  However, if the final summary and the death 
  1.24  certificate indicate the manner of death is homicide, 
  1.25  undetermined, or pending investigation and there is an active 
  1.26  law enforcement investigation, within the meaning of section 
  2.1   13.82, subdivision 5, relating to the death of the deceased 
  2.2   individual.  If there is an active law enforcement investigation 
  2.3   of a possible homicide, the data remain confidential or 
  2.4   protected nonpublic.  However, Upon review by the county 
  2.5   attorney of the jurisdiction in which the law enforcement 
  2.6   investigation is active, the data may be released to persons 
  2.7   described in subdivision 8 if the county attorney determines 
  2.8   release would not impede the ongoing investigation.  When the 
  2.9   law enforcement investigation becomes inactive, the data shall 
  2.10  become are private or nonpublic data.  Nothing in this 
  2.11  subdivision shall be construed to make not public the data 
  2.12  elements identified in subdivision 2 at any point in the 
  2.13  investigation or thereafter.  
  2.14     Sec. 2.  Minnesota Statutes 1994, section 13.83, 
  2.15  subdivision 5, is amended to read: 
  2.16     Subd. 5.  [OTHER DATA.] All other medical examiner data on 
  2.17  deceased individuals are nonpublic and shall not be disclosed 
  2.18  except: 
  2.19     (1)  pursuant to the provisions of chapter 390, or any 
  2.20  other general or local law on county coroners or medical 
  2.21  examiners,; 
  2.22     (2) to a state or federal agency charged by law with 
  2.23  investigating the death of the deceased individual about whom 
  2.24  the medical examiner or coroner has medical examiner data; or 
  2.25     (3) pursuant to a valid court order. 
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Sections 1 and 2 are effective the day following final 
  2.28  enactment.