Loading...
Minnesota Criminal Justice Statute Service
Search
Subscribe to Updates
Reports
Statute Change Report
About
Glossary
Quick Search
13.82.7
Statute ID:
10137
Statute Function ID:
24501
Government Data Practices Violation - Criminal Investigation Data - Active Investigation
In Effect
New Search
Refine Search
Back to Results
Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Interference with Privacy (933)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
13.82.7
Enactment Date:
Jan 1, 1859
Effective Date:
May 26, 1999
Expiration Date:
Repealed?:
No
Summary Text:
Government Data Practices Violation - Criminal Investigation Data - Active Investigation
Statute ID:
10137
Created:
Apr 12, 2007 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 23, 2013 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Legal Analyst Comment:
Summary Text:
Government Data Practices Violation - Criminal Investigation Data - Active Investigation
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/13/82.html
Legislative Session:
0 - NA
Session Law Text?:
No
Statute text last updated on:
Apr 12, 2007
Except for the data defined in subdivisions 2, 3, and 6, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility is confidential or protected nonpublic while the investigation is active. Inactive investigative data is public unless the release of the data would jeopardize another ongoing investigation or would reveal the identity of individuals protected under subdivision 17. Photographs which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the photographs shall be disclosed to any person requesting access to the inactive investigative file. An investigation becomes inactive upon the occurrence of any of the following events: (a) a decision by the agency or appropriate prosecutorial authority not to pursue the case; (b) expiration of the time to bring a charge or file a complaint under the applicable statute of limitations, or 30 years after the commission of the offense, whichever comes earliest; or (c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis of the investigative data. Any investigative data presented as evidence in court shall be public. Data determined to be inactive under clause (a) may become active if the agency or appropriate prosecutorial authority decides to renew the investigation. During the time when an investigation is active, any person may bring an action in the district court located in the county where the data is being maintained to authorize disclosure of investigative data. The court may order that all or part of the data relating to a particular investigation be released to the public or to the person bringing the action. In making the determination as to whether investigative data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the agency or to any person identified in the data. The data in dispute shall be examined by the court in camera.
