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13.82.17(g)

Statute ID: 18431

Statute Function ID: 37713

Government Data Practices Violation - Protection of Identities - Juvenile Witness Identity

In Effect

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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:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

13.82.17(g)

Enactment Date:

Jun 30, 2021

Effective Date:

Sep 15, 2021

Expiration Date:

Repealed?:

Summary Text:

Government Data Practices Violation - Protection of Identities - Juvenile Witness Identity

Statute ID:

18431

Created:

Sep 10, 2021 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 10, 2021 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2021 SS1 C11 Art4 Sect131; Revisors Instructions

Summary Text:

Government Data Practices Violation - Protection of Identities - Juvenile Witness Identity

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/13/82.html

Legislative Session:

2021 - Special 1

Session Law Text?:

Statute text last updated on:

Sep 10, 2021

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 sex trafficking under section 609.322, 609.341 to 609.3451, 609.3458 or 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 section 60A.952, subdivision 2, 609.456, or 626.557 or chapter 260E.

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).