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S.F. No. 235 - Expanding Ineligibility to Possess Firearms; Reporting of Information, First Engrossment
 
Author: Senator Ron Latz
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: March 15, 2013



 

Section 1 directs the commissioner of Corrections to transfer fingerprint records of offenders transferred to the custody of the commissioner from another state to the Bureau of Criminal Apprehension (BCA) or National Instant Criminal Background Check System (NICS) by electronic entry within 24 hours of receiving the fingerprints. If the BCA receives data under this section in nonelectronic format, the commissioner must convert that record into electronic format for entry into the appropriate searchable databases within 72 hours of receiving the record.

Section 2 amends the law requiring the reporting of firearms and explosives background check information. Current law, since 1994, has directed the commissioner of Human Services (DHS) to electronically provide mental health commitment information on individuals to the Minnesota Crime Information  System (MnCIS) maintained by the Minnesota BCA for use by local law enforcement agencies in performing background checks on applicants for a permit-to-purchase a pistol or semi-automatic military style assault weapon (i.e., a SAMSAW) or a permit-to-carry a pistol in Minnesota. This provision broadens that requirement by directing that the commissioner of DHS must also provide such information to NICS being maintained by the FBI for the purpose of background checks on all firearms purchasers nationally. Under this section, the commissioner must, by August 1, 2013, transfer to both of these agencies all mental health commitment information in its possession dating to August 1, 1994 (the original effective date of the statute).

Section 3 directs a court to submit a mental health adjudication to NICS within 24 hours of issuing the ruling if it affects a mentally ill person’s right to possess firearms.

Section 4 requires the BCA to convert any “hard copy” data it receives from criminal justice agencies into electronic format for entry into the appropriate searchable databases within 72 hours of receiving the records.

Section 5 compels local law enforcement agencies to submit electronic fingerprint records to state and/or federal searchable databases within 24 hours of taking the fingerprints.

Section 6 directs the BCA to convert paper records of fingerprints, thumbprints, and other identification data into electronic format within 72 hours of receiving the data.

Section 7 directs the BCA to enter alias data for persons listed in the BCA’s offender database within 72 hours of the BCA becoming aware of the new identifying data.

Section 8 directs sheriffs and the commissioner of Corrections to enter specified data about soon-to-be-released offenders into either a bureau-managed offender database or a federal searchable database. This transfer must occur within 24 hours of the offender’s release.

Section 9 authorizes the superintendent of the BCA to require the court administrator to provide the BCA with the sentence for each felony and gross misdemeanor case within 24 hours of disposition of the case.

Section 10 amends the definition of "crime of violence" in the firearms chapter of law (M.S., chapter 624) by adding felony level 5th degree assaults and domestic assaults, and domestic assaults by strangulation. It is a 15 year felony for a person who has been convicted or adjudicated delinquent for a crime of violence to possess a firearm. In addition, such a person is ineligible to possess a firearm for the remainder of the person’s life (unless eligibility has been restored by court order).

Section 11 requires a court that civilly commits a person or adjudicates a mentally ill person in a manner that disqualifies the person from possessing firearms to notify the Department of Public Safety (DPS). DPS is required to report the information to the FBI for inclusion in NICS. Requires the court to provide notice to the person of their firearms disqualification.

Section 12 adds a new subdivision to section 624.713 directing the courts to notify NICS whenever the court places a person (adult or juvenile), who is charged with committing a crime of violence, into a pretrial diversion program before disposition. The court must notify NICS of both the person’s placement and the ordered expiration date of the program, and when the person completes the program the prosecuting attorney must notify NICS of that fact in a timely manner. Section 624.713 prohibits such a person from possessing firearms until successfully completing the pretrial diversion program.

Section 13 establishes a September 1, 2013, deadline for courts and criminal justice agencies to enter data on civil commitments and felony convictions from 2008 to 2012, if those records have not already been submitted to the appropriate searchable databases.

Section 14 directs the criminal and juvenile justice information policy group to submit a report to the legislature recommending how to improve the search capabilities of BCA managed databases. The group shall also report on the progress of reducing the number of files in suspense. The group shall also consult with the Revisor on other statutory changes needed to implement this bill and the group’s legislative recommendations.

KPB/tg

 
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