1.1Senator Lucero moved to amend
H.F. No. 5216, as amended pursuant to Rule 45,
1.2adopted by the Senate May 13, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 5337.)
1.4Page 12, after line 26, insert:
1.5 "Section 1. Minnesota Statutes 2022, section 13.825, subdivision 1, is amended to read:
1.6 Subdivision 1.
Application; definition. (a) This section applies to law enforcement
1.7agencies that maintain a portable recording system for use in investigations, or in
response
1.8to emergencies, incidents, and requests for service.
1.9(b) As used in this section:
1.10(1) "portable recording system" means a device worn by a peace officer that is capable
1.11of both video and audio recording of the officer's activities and interactions with
others or
1.12collecting digital multimedia evidence as part of an investigation;
1.13(2) "portable recording system data" means audio or video data collected by a portable
1.14recording system;
and
1.15(3) "redact" means to blur video or distort audio so that the identity of the subject
in a
1.16recording is obscured sufficiently to render the subject unidentifiable
; and
1.17(4) "public official" means a member of the state legislature, the governor, lieutenant
1.18governor, secretary of state, state auditor, attorney general, or a commissioner of
a state
1.19agency.
1.20 Sec. 2. Minnesota Statutes 2023 Supplement, section 13.825, subdivision 2, is amended
1.21to read:
1.22 Subd. 2.
Data classification; court-authorized disclosure. (a) Data collected by a
1.23portable recording system are private data on individuals or nonpublic data, subject
to the
1.24following:
1.25(1) data that record, describe, or otherwise document actions and circumstances
1.26surrounding either the discharge of a firearm by a peace officer in the course of
duty, if a
1.27notice is required under section
626.553, subdivision 2, or the use of force by a peace officer
1.28that results in substantial bodily harm, as defined in section
609.02, subdivision 7a, are
1.29public;
1.30(2) data are public if a subject of the data requests it be made accessible to the
public,
1.31except that, if practicable, (i) data on a subject who is not a peace officer and
who does not
2.1consent to the release must be redacted, and (ii) data on a peace officer whose identity
is
2.2protected under section
13.82, subdivision 17, clause (a), must be redacted;
2.3(3) subject to paragraphs (b) to (d), portable recording system data that are active
criminal
2.4investigative data are governed by section
13.82, subdivision 7, and portable recording
2.5system data that are inactive criminal investigative data are governed by this section;
2.6(4) portable recording system data that are public personnel data under section
13.43,
2.7subdivision 2, clause (5), are public;
and
2.8(5) data that are not public data under other provisions of this chapter retain that
2.9classification
; and
2.10(6) data are public if the subject of the data is a public official, except that,
if practicable:
2.11(i) data on a subject who is not a peace officer or public official and who does
not consent
2.12to the release must be redacted; and
2.13(ii) data on a peace officer whose identity is protected under section 13.82, subdivision
2.1417, paragraph (a), must be redacted.
2.15(b) Notwithstanding section
13.82, subdivision 7, when an individual dies as a result of
2.16a use of force by a peace officer, an involved officer's law enforcement agency must
allow
2.17the following individuals, upon their request, to inspect all portable recording system
data,
2.18redacted no more than what is required by law, documenting the incident within five
days
2.19of the request, subject to paragraphs (c) and (d):
2.20(1) the deceased individual's next of kin;
2.21(2) the legal representative of the deceased individual's next of kin; and
2.22(3) the other parent of the deceased individual's child.
2.23(c) A law enforcement agency may deny a request to inspect portable recording system
2.24data under paragraph (b) if the agency determines that there is a compelling reason
that
2.25inspection would interfere with an active investigation. If the agency denies access
under
2.26this paragraph, the chief law enforcement officer must provide a prompt, written denial
to
2.27the individual in paragraph (b) who requested the data with a short description of
the
2.28compelling reason access was denied and must provide notice that relief may be sought
2.29from the district court pursuant to section
13.82, subdivision 7.
2.30(d) When an individual dies as a result of a use of force by a peace officer, an involved
2.31officer's law enforcement agency shall release all portable recording system data,
redacted
2.32no more than what is required by law, documenting the incident no later than 14 days
after
3.1the incident, unless the chief law enforcement officer asserts in writing that the
public
3.2classification would interfere with an ongoing investigation, in which case the data
remain
3.3classified by section
13.82, subdivision 7.
3.4 (e) A law enforcement agency may redact or withhold access to portions of data that
are
3.5public under this subdivision if those portions of data are clearly offensive to common
3.6sensibilities.
3.7 (f) Section
13.04, subdivision 2, does not apply to collection of data classified by this
3.8subdivision.
3.9(g) Any person may bring an action in the district court located in the county where
3.10portable recording system data are being maintained to authorize disclosure of data
that are
3.11private or nonpublic under this section or to challenge a determination under paragraph
(e)
3.12to redact or withhold access to portions of data because the data are clearly offensive
to
3.13common sensibilities. The person bringing the action must give notice of the action
to the
3.14law enforcement agency and subjects of the data, if known. The law enforcement agency
3.15must give notice to other subjects of the data, if known, who did not receive the
notice from
3.16the person bringing the action. The court may order that all or part of the data be
released
3.17to the public or to the person bringing the action. In making this determination,
the court
3.18shall consider whether the benefit to the person bringing the action or to the public
outweighs
3.19any harm to the public, to the law enforcement agency, or to a subject of the data
and, if
3.20the action is challenging a determination under paragraph (e), whether the data are
clearly
3.21offensive to common sensibilities. The data in dispute must be examined by the court
in
3.22camera. This paragraph does not affect the right of a defendant in a criminal proceeding
to
3.23obtain access to portable recording system data under the Rules of Criminal Procedure."
3.24Renumber the sections in sequence and correct the internal references
3.25Amend the title accordingly
3.26The motion prevailed. #did not prevail. So the amendment was #not adopted.