1.2relating to public safety; modifying the lawful possession of firearms; requiring
1.3timely transmittal of law enforcement, court, and civil commitment data to
1.4certain state and federal searchable databases;amending Minnesota Statutes
1.52012, sections 241.301; 245.041; 253B.24; 299C.10, subdivisions 1, 3; 299C.11,
1.6subdivision 1; 299C.14; 299C.17; 624.712, subdivision 5; 624.713, by adding
1.7subdivisions; proposing coding for new law in Minnesota Statutes, chapter 299C.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
1.10241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
1.11FROM OTHER STATES.
1.12    The commissioner of corrections shall establish procedures so that whenever this
1.13state receives an inmate, parolee, or probationer from another state under sections 241.28
1.14to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
1.15are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
1.16into a Bureau of Criminal Apprehension-managed or federal searchable database within
1.1724 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an
1.18electronic format for entry into the appropriate searchable database within 72 hours of
1.19receipt if the data is not entered by the commissioner.

1.20    Sec. 2. Minnesota Statutes 2012, section 245.041, is amended to read:
1.21245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
1.22CHECK INFORMATION.
1.23Notwithstanding section 253B.23, subdivision 9, the commissioner of human
1.24services shall provide commitment information to local law enforcement agencies on an
2.1individual request basis by means of electronic data transfer from the Department of
2.2Human Services through the Minnesota Crime Information System and the National
2.3Instant Criminal Background Check System for the sole purpose of facilitating a firearms
2.4background check under section 624.7131, 624.7132, or 624.714, or an explosives
2.5background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The
2.6information to be provided is limited to whether the person has been committed under
2.7chapter 253B and, if so, the type of commitment. No later than August 1, 2013, the
2.8commissioner must make available in electronic data format the commitment information
2.9required by this section for commitments occurring since August 1, 1994.
2.10EFFECTIVE DATE.This section is effective the day following final enactment.

2.11    Sec. 3. Minnesota Statutes 2012, section 253B.24, is amended to read:
2.12253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
2.13BACKGROUND CHECK SYSTEM.
2.14When a court:
2.15(1) commits a person under this chapter as being mentally ill, developmentally
2.16disabled, mentally ill and dangerous, or chemically dependent;
2.17(2) determines in a criminal case that a person is incompetent to stand trial or not
2.18guilty by reason of mental illness; or
2.19(3) restores a person's ability to possess a firearm under section 609.165, subdivision
2.201d , or 624.713, subdivision 4,
2.21the court shall ensure that this information is electronically transmitted as soon as
2.22practicable within 24 hours to the National Instant Criminal Background Check System.

2.23    Sec. 4. [299C.089] INFORMATION RECEIVED BY BUREAU.
2.24Within 72 hours of receipt of data, the bureau shall convert into an electronic format
2.25for entry into the appropriate searchable database all data received from a criminal justice
2.26agency that is not electronically entered by that agency into a bureau-managed or federal
2.27searchable database. For the purposes of this section, "criminal justice agency" has the
2.28meaning given under section 299C.46, subdivision 2.

2.29    Sec. 5. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
2.30    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
2.31community corrections agencies operating secure juvenile detention facilities shall take
2.32or cause to be taken immediately finger and thumb prints, photographs, distinctive
3.1physical mark identification data, information on any known aliases or street names, and
3.2other identification data requested or required by the superintendent of the bureau, of
3.3the following:
3.4(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
3.5gross misdemeanor, or targeted misdemeanor;
3.6(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
3.7for, or alleged to have committed felonies or gross misdemeanors as distinguished from
3.8those committed by adult offenders;
3.9(3) adults and juveniles admitted to jails or detention facilities;
3.10(4) persons reasonably believed by the arresting officer to be fugitives from justice;
3.11(5) persons in whose possession, when arrested, are found concealed firearms or
3.12other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
3.13machines, or appliances usable for an unlawful purpose and reasonably believed by the
3.14arresting officer to be intended for such purposes;
3.15(6) juveniles referred by a law enforcement agency to a diversion program for a
3.16felony or gross misdemeanor offense; and
3.17(7) persons currently involved in the criminal justice process, on probation, on
3.18parole, or in custody for any offense whom the superintendent of the bureau identifies as
3.19being the subject of a court disposition record which cannot be linked to an arrest record,
3.20and whose fingerprints are necessary to reduce the number of suspense files, or to comply
3.21with the mandates of section 299C.111, relating to the reduction of the number of suspense
3.22files. This duty to obtain fingerprints for the offenses in suspense at the request of the
3.23bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
3.24while making court appearances, while in custody, or while on any form of probation,
3.25diversion, or supervised release.
3.26(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
3.27of taking the fingerprints and data, the fingerprint records and other identification data
3.28specified under paragraph (a) must be forwarded to the bureau on such forms and in such
3.29 electronically entered into a bureau-managed or federal searchable database in a manner
3.30as may be prescribed by the superintendent.
3.31(c) Prosecutors, courts, and probation officers and their agents, employees, and
3.32subordinates shall attempt to ensure that the required identification data is taken on a
3.33person described in paragraph (a). Law enforcement may take fingerprints of an individual
3.34who is presently on probation.
3.35(d) Finger and thumb prints must be obtained no later than:
3.36(1) release from booking; or
4.1(2) if not booked prior to acceptance of a plea of guilty or not guilty.
4.2Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
4.3prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
4.4and thumb prints have not been successfully received by the bureau, an individual may,
4.5upon order of the court, be taken into custody for no more than eight hours so that the
4.6taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
4.7this time period may be extended upon a showing that additional time in custody is
4.8essential for the successful taking of prints.
4.9(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
4.10of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
4.11609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
4.12privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
4.13or 629.75 (domestic abuse no contact order).

4.14    Sec. 6. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
4.15    Subd. 3. Bureau duty. The bureau must enter convert into an electronic format for
4.16entry in the criminal records system finger and thumb prints fingerprints, thumbprints,
4.17and other identification data within five working days 72 hours after they are received
4.18under this section if the fingerprints, thumbprints, and other identification data were not
4.19electronically entered by a criminal justice agency.

4.20    Sec. 7. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
4.21    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
4.22police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
4.23such finger and thumb prints, photographs, distinctive physical mark identification data,
4.24information on known aliases and street names, and other identification data as may be
4.25requested or required by the superintendent of the bureau, which must be taken under the
4.26provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
4.27identification data to the bureau for individuals found to have been convicted of a felony,
4.28gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
4.29their arrest. When the bureau learns that an individual who is the subject of a background
4.30check has used, or is using, identifying information, including, but not limited to, name
4.31and date of birth, other than those listed on the criminal history, the bureau may add
4.32 shall convert into an electronic format, if necessary, and enter into a bureau-managed or
4.33federal searchable database the new identifying information to the criminal history when
5.1supported by fingerprints within 72 hours of learning the information if the information is
5.2not entered by a law enforcement agency.
5.3(b) No petition under chapter 609A is required if the person has not been convicted
5.4of any felony or gross misdemeanor, either within or without the state, within the period
5.5of ten years immediately preceding the determination of all pending criminal actions or
5.6proceedings in favor of the arrested person, and either of the following occurred:
5.7(1) all charges were dismissed prior to a determination of probable cause; or
5.8(2) the prosecuting authority declined to file any charges and a grand jury did not
5.9return an indictment.
5.10Where these conditions are met, the bureau or agency shall, upon demand, return to
5.11the arrested person finger and thumb prints, photographs, distinctive physical mark
5.12identification data, information on known aliases and street names, and other identification
5.13data, and all copies and duplicates of them.
5.14(c) Except as otherwise provided in paragraph (b), upon the determination of all
5.15pending criminal actions or proceedings in favor of the arrested person, and the granting
5.16of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
5.17thumb prints, photographs, distinctive physical mark identification data, information on
5.18known aliases and street names, and other identification data, and all copies and duplicates
5.19of them if the arrested person has not been convicted of any felony or gross misdemeanor,
5.20either within or without the state, within the period of ten years immediately preceding
5.21such determination.

5.22    Sec. 8. Minnesota Statutes 2012, section 299C.14, is amended to read:
5.23299C.14 INFORMATION ON RELEASED PRISONER.
5.24It shall be the duty of the officials having charge of the penal institutions of the state
5.25or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
5.26require, finger and thumb prints, photographs, distinctive physical mark identification
5.27data, other identification data, modus operandi reports, and criminal records of prisoners
5.28heretofore, now, or hereafter confined in such penal institutions, together with the period
5.29of their service and the time, terms, and conditions of their discharge. This duty to furnish
5.30information includes, but is not limited to, requests for fingerprints as the superintendent of
5.31the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
5.32history files, to reduce the number of suspense files, or to comply with the mandates
5.33of section 299C.111 relating to the reduction of the number of suspense files where a
5.34disposition record is received that cannot be linked to an arrest record. The officials shall
5.35electronically enter the information in a bureau-managed or federal searchable database
6.1within 24 hours of a prisoner's date of release or discharge. The bureau shall convert the
6.2information into an electronic format and enter it into the appropriate searchable database
6.3within 72 hours of the date of receipt, if the information is not entered by the officials.

6.4    Sec. 9. Minnesota Statutes 2012, section 299C.17, is amended to read:
6.5299C.17 REPORT BY COURT ADMINISTRATOR.
6.6The superintendent shall have power to require the court administrator of any county
6.7 of every court which sentences a defendant for a felony or gross misdemeanor to file with
6.8the department, at such time as the superintendent may designate, electronically transmit
6.9within 24 hours of the disposition of the case a report, upon such in a form as prescribed by
6.10 the superintendent may prescribe, furnishing such providing information as the required by
6.11the superintendent may require with regard to the prosecution and disposition of criminal
6.12cases. A copy of the report shall be kept on file in the office of the court administrator.

6.13    Sec. 10. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
6.14    Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of
6.15the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
6.16in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
6.17the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
6.18and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
6.19in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
6.20fourth degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
6.21subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
6.22 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
6.23or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
6.24(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
6.25promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
6.26degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
6.27conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
6.28609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
6.29609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
6.30609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
6.31motor vehicle without the consent of the owner or authorized agent of the owner, theft
6.32involving the taking of property from a burning, abandoned, or vacant building, or from
6.33an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
6.34and theft involving the theft of a controlled substance, an explosive, or an incendiary
7.1device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
7.2subdivision 1 , 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
7.3(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
7.4short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
7.5609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
7.6(drugs, controlled substances); and an attempt to commit any of these offenses.
7.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
7.8committed on or after that date.

7.9    Sec. 11. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
7.10to read:
7.11    Subd. 3a. Prompt reporting of disqualifying mental health data. When a court
7.12orders a commitment under chapter 253B or makes a finding or adjudication by which a
7.13person becomes subject to the provisions of section 624.713, subdivision 1, clause (3), or
7.14United States Code, title 18, sections 922(d)(4) and 922(g)(4), the court administrator shall
7.15electronically enter the nature of the court's action and only the information necessary to
7.16identify the person into the National Instant Criminal Background Check System database.
7.17The court shall also notify the person of the prohibitions of section 624.713, subdivision 1,
7.18clause (3), and United States Code, title 18, sections 922(d)(4) and 922(g)(4).
7.19EFFECTIVE DATE.This section is effective August 1, 2013.

7.20    Sec. 12. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
7.21to read:
7.22    Subd. 5. Provision of firearms background check information. (a) When a
7.23court places a person, including a person under the jurisdiction of the juvenile court, who
7.24is charged with committing a crime of violence into a pretrial diversion program before
7.25disposition, the court must ensure that information regarding the person's placement in
7.26that program and the ordered expiration date of that placement is transmitted as soon as
7.27practicable to the National Instant Criminal Background Check System. When a person
7.28successfully completes or discontinues the program, the prosecuting attorney must also
7.29report that fact within 24 hours of receipt to the National Instant Criminal Background
7.30Check System.
7.31(b) The court must report the conviction and duration of the firearms disqualification
7.32imposed as soon as practicable to the National Instant Criminal Background Check
8.1System when a person is convicted of a gross misdemeanor that disqualifies the person
8.2from possessing firearms under the following sections:
8.3(1) 518B.01, subdivision 14;
8.4(2) 609.224, subdivision 3;
8.5(3) 609.2242, subdivision 3;
8.6(4) 609.749, subdivision 8;
8.7(5) 624.713, subdivision 1, clause (11); or
8.8(6) 629.715, subdivision 2.
8.9(c) If the court reports a firearms disqualification based on a charge of violating an
8.10offense listed in paragraph (b), the court must provide notice of the disposition of the
8.11charge to the National Instant Criminal Background Check System as soon as practicable.
8.12EFFECTIVE DATE.This section is effective August 1, 2013.

8.13    Sec. 13. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
8.14(a) By September 1, 2013, a civil commitment court shall electronically enter into
8.15the National Instant Criminal Background Check System information on all persons civilly
8.16committed during the years 2008 to 2012 that has not already been entered in the system.
8.17(b) By September 1, 2013, a criminal justice agency shall electronically enter into a
8.18Bureau of Criminal Apprehension-managed or federal database information on all persons
8.19convicted of a felony during the years 2008 to 2012 that has not already been entered in a
8.20searchable database. The bureau shall convert into an electronic format and enter into the
8.21appropriate searchable database, within 72 hours of receipt of the data, all data received
8.22from the criminal justice agency that is not entered by that agency into a bureau-managed
8.23or federal searchable database. For the purposes of this paragraph, "criminal justice
8.24agency" has the meaning given under Minnesota Statutes, section 299C.46, subdivision 2.
8.25(c) The governor or commissioner of public safety may extend the time for entering
8.26information of prior civil commitments and felony convictions under paragraphs (a) and
8.27(b) for a period not to exceed 60 days for good cause shown.

8.28    Sec. 14. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
8.29GROUP.
8.30The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
8.31and ranking minority members of the house of representatives and senate committees
8.32having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
8.33search capabilities of the Bureau of Criminal Apprehension-managed databases and
8.34recommend how the search capabilities of the databases may be improved with, among
9.1other proposals, an increase in the number of identification data for each person included
9.2in the databases. The group shall also report on the progress made on reducing the number
9.3of bureau suspense files and recommendations to facilitate the reduction of these files. The
9.4group, in consultation with the revisor of statutes, shall review existing law relating to the
9.5timely transmittal and entry of data and propose legislation for the 2014 legislative session
9.6that clarifies, conforms, implements, and resolves any conflicts with this act.