HF3827

Purpose

• Modernize and clarify public safety funding and data practices.
• Establish new funding streams and grant reimbursement processes for local law enforcement.
• Update how crime data is collected and recorded, including alignment with national standards.
• Create a process to determine when certain criminal records may be ineligible for sealing.
• Improve access to and enforcement of protective orders by law enforcement.

Main Provisions

• Crime data collection and standards (Sec.1)

  • The Bureau of Criminal Apprehension (BCA) must collect and preserve crime data, covering the full lifecycle from complaint to final discharge.
  • Data must be provided in a form prescribed by the superintendent and can include information requested by the U.S. Department of Justice.
  • The data collection should use nationally recognized standards (FBI-approved) where possible.

• Grants and funding for investigations and witness protection (Sec.2)

  • Under the Undercover Buy Fund, the Commissioner of Public Safety can grant reimbursements to local officials for:
  • Cross-jurisdictional investigations into drugs, stolen goods, gambling, and other specified offenses.
  • Uncovering or addressing juvenile involvement in prostitution-related activities.
  • Partial reimbursement for intensive, long-term multi-jurisdictional investigations when local resources are exhausted (with a cap on missing-child cases unless certain policies are followed).
  • Investigations into violent criminal gangs and gang activity.
  • Subdivision 1a creates a Witness and Victim Protection Fund to relocate or otherwise protect victims or witnesses involved in prosecutions who are targeted by violent crime or related offenses.
  • Subdivision 1a also lists eligible protections, including helping establish new identities, housing, transportation, basic living expenses, employment assistance, and other services to help individuals become self-sustaining.
  • Subdivision 2 provides an application process for counties or municipalities to request reimbursements, including required details about the investigation and estimated costs.
  • Subdivision 3 requires an investigation report after a grant is used, including arrests, charges, contraband values, informant payments, and a breakdown of expenses; a biannual or even-numbered-year report to legislative committee chairs is required.
  • Subdivision 3a requires agencies to report how grant funds were spent and allows the commissioner to summarize witness assistance services for legislative committees on even-numbered years.
  • Subdivision 4 sets data classifications: grant applications are confidential; investigative data identifying witnesses or undercover personnel are confidential; final investigation reports are public except for witness identity or location, which are private.

• Protection orders and enforcement data (Sec.3 and Sec.4)

  • Amends orders for protection and related no-contact/harassment restraining orders to be accessible within a data network, including data on orders issued under related statutes.
  • If available, a photo of the offender must accompany a no-contact order to aid enforcement; offender data can be shared with the victim to help enforcement.
  • Data about orders and enforcement-related data are treated with privacy considerations; some information remains private while other information may be public.
  • Court administrators must, within 24 hours of issuing or continuing an order for protection, forward the order to the local law enforcement agency where the vulnerable adult resides and to the lead investigative agency; law enforcement can verify the existence and status of orders via a verification system.
  • Provisions reference the data network for orders issued under this section and apply related parts of the criminal code.

• Repeals and cross-references (Sec.1, Sec.4)

  • Repeals Minnesota Statutes 2024 section 299C.12.1.10 as part of these changes.

Significant Changes to Existing Law

• Establishment of new funding streams (Undercover Buy Fund and Witness and Victim Protection Fund) with defined reimbursement processes and reporting requirements.
• Expanded and standardized crime data collection with federal alignment, improving data quality and comparability.
• Expanded use and funding for cross-jurisdictional investigations, including protections for witnesses and victims.
• Strengthened enforcement and access to protective orders by requiring rapid notification to law enforcement and integration into a data network.
• Privacy and data classification changes to protect identities of witnesses and informants while maintaining transparency where appropriate.
• Repeal of an existing statute (299C.12.1.10) to align with the new framework.

Administrative and Reporting Requirements

• Local agencies (sheriffs or municipal police chiefs) may apply for reimbursements with details about the investigation and costs.
• Investigations supported by reimbursements must be followed by a formal report outlining key outcomes and expenses.
• The Commissioner of Public Safety must produce periodic summary reports on witness assistance services for legislative committees on even-numbered years.
• Data handling rules distinguish confidential, private, and public data, with specific protections for witness identities.

Implementation Considerations

• Agencies must coordinate with the Commissioner of Public Safety, the court system, and local law enforcement.
• The changes require new data infrastructure to support the orders-for-protection data network and verification system.
• Local agencies must adhere to existing policies (e.g., 299C.53) to qualify for certain reimbursements, especially in missing-child cases.

Practical Impacts

• Local law enforcement may receive more financial support for complex investigations and for protecting witnesses and victims.
• Victims and witnesses may benefit from relocation and support services funded by the new program.
• Protective orders will be more effectively enforced thanks to rapid sharing of orders with responsible law enforcement agencies and a centralized verification mechanism.
• The public will have greater access to final investigation information while sensitive witness data remains protected.

Relevant Terms - Bureau of Criminal Apprehension (BCA) - Crime data collection - FBI national standards / national crime data system - Cross-jurisdictional investigations - Controlled substances - Receiving or selling stolen goods - Juvenile prostitution - Missing and endangered child - Undercover Buy Fund - Witness and Victim Protection Fund - Grants reimbursements - Local law enforcement - Court administrator - Orders for protection - Harassment restraining orders - No contact orders - Data network for protective orders - Verification system - Private data / confidential data / public data - Identity or location of assisted witnesses - 299C.05 / 299C.065 / 299C.46(6) / 609A.015 / 609.2334 - Repeal of 299C.12.1.10 - 299C.53 (investigative policy requirements for missing children) - Verification and disclosure to victims