1.1.................... moves to amend H.F. No. 485 as follows:
1.2Page 4, after line 26, insert:

1.3    "Sec. 3. Minnesota Statutes 2012, section 260B.171, subdivision 1, is amended to read:
1.4    Subdivision 1. Records required to be kept. (a) The juvenile court judge shall
1.5keep such minutes and in such manner as the court deems necessary and proper. Except as
1.6provided in paragraph paragraphs (b) and (c), the court shall keep and maintain records
1.7pertaining to delinquent adjudications until the person reaches the age of 28 years and
1.8shall release the records on an individual to another juvenile court that has jurisdiction of
1.9the juvenile, to a requesting adult court for purposes of sentencing, or to an adult court
1.10or juvenile court as required by the right of confrontation of either the United States
1.11Constitution or the Minnesota Constitution. The juvenile court shall provide, upon the
1.12request of any other juvenile court, copies of the records concerning adjudications
1.13involving the particular child. The court also may provide copies of records concerning
1.14delinquency adjudications, on request, to law enforcement agencies, probation officers,
1.15and corrections agents if the court finds that providing these records serves public safety
1.16or is in the best interests of the child. Juvenile court delinquency proceeding records of
1.17adjudications, court transcripts, and delinquency petitions, including any probable cause
1.18attachments that have been filed or police officer reports relating to a petition, must be
1.19released to requesting law enforcement agencies and prosecuting authorities for purposes
1.20of investigating and prosecuting violations of section 609.229, provided that psychological
1.21or mental health reports may not be included with those records. The agency receiving the
1.22records may release the records only as permitted under this section or authorized by law.
1.23The court shall also keep an index in which files pertaining to juvenile matters shall
1.24be indexed under the name of the child. After the name of each file shall be shown the
1.25file number and, if ordered by the court, the book and page of the register in which the
1.26documents pertaining to such file are listed. The court shall also keep a register properly
1.27indexed in which shall be listed under the name of the child all documents filed pertaining
2.1to the child and in the order filed. The list shall show the name of the document and the
2.2date of filing thereof. The juvenile court legal records shall be deposited in files and
2.3shall include the petition, summons, notice, findings, orders, decrees, judgments, and
2.4motions and such other matters as the court deems necessary and proper. Unless otherwise
2.5provided by law, all court records shall be open at all reasonable times to the inspection of
2.6any child to whom the records relate, and to the child's parent and guardian.
2.7(b) The court shall retain records of the court finding that a juvenile committed an
2.8act that would be a felony- or gross misdemeanor level offense until the offender reaches
2.9the age of 28. If the offender commits a felony as an adult, or the court convicts a child as
2.10an extended jurisdiction juvenile, the court shall retain the juvenile records for as long as
2.11the records would have been retained if the offender had been an adult at the time of the
2.12juvenile offense. This paragraph does not apply unless the juvenile was provided counsel
2.13as required by section 260B.163, subdivision 2.
2.14(c) Upon written request by the data subject, the court shall destroy all court records
2.15pertaining to a child alleged or found to have engaged in prostitution, as defined in section
2.16609.321, subdivision 9, while acting as a prostitute.
2.17EFFECTIVE DATE.This section is effective August 1, 2014.

2.18    Sec. 4. Minnesota Statutes 2012, section 260B.171, subdivision 5, is amended to read:
2.19    Subd. 5. Peace officer records of children. (a) Except for records relating to
2.20an offense where proceedings are public under section 260B.163, subdivision 1, peace
2.21officers' records of children who are or may be delinquent or who may be engaged in
2.22criminal acts shall be kept separate from records of persons 18 years of age or older
2.23and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as
2.24required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to
2.25the child or the child's parent or guardian unless disclosure of a record would interfere
2.26with an ongoing investigation, (5) to the Minnesota crime victims reparations board as
2.27required by section 611A.56, subdivision 2, clause (6), for the purpose of processing
2.28claims for crime victims reparations, or (6) as otherwise provided in this subdivision.
2.29Except as provided in paragraph (c), no photographs of a child taken into custody may be
2.30taken without the consent of the juvenile court unless the child is alleged to have violated
2.31section 169A.20. Peace officers' records containing data about children who are victims
2.32of crimes or witnesses to crimes must be administered consistent with section 13.82,
2.33subdivisions 2, 3, 6, and 17 . Any person violating any of the provisions of this subdivision
2.34shall be guilty of a misdemeanor.
3.1    In the case of computerized records maintained about juveniles by peace officers,
3.2the requirement of this subdivision that records about juveniles must be kept separate
3.3from adult records does not mean that a law enforcement agency must keep its records
3.4concerning juveniles on a separate computer system. Law enforcement agencies may keep
3.5juvenile records on the same computer as adult records and may use a common index to
3.6access both juvenile and adult records so long as the agency has in place procedures that
3.7keep juvenile records in a separate place in computer storage and that comply with the
3.8special data retention and other requirements associated with protecting data on juveniles.
3.9    (b) Nothing in this subdivision prohibits the exchange of information by law
3.10enforcement agencies if the exchanged information is pertinent and necessary for law
3.11enforcement purposes.
3.12    (c) A photograph may be taken of a child taken into custody pursuant to section
3.13260B.175, subdivision 1 , clause (b), provided that the photograph must be destroyed when
3.14the child reaches the age of 19 years. The commissioner of corrections may photograph
3.15juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles
3.16authorized by this paragraph may be used only for institution management purposes,
3.17case supervision by parole agents, and to assist law enforcement agencies to apprehend
3.18juvenile offenders. The commissioner shall maintain photographs of juveniles in the same
3.19manner as juvenile court records and names under this section.
3.20    (d) Traffic investigation reports are open to inspection by a person who has sustained
3.21physical harm or economic loss as a result of the traffic accident. Identifying information
3.22on juveniles who are parties to traffic accidents may be disclosed as authorized under
3.23section 13.82, subdivision 6, and accident reports required under section 169.09 may be
3.24released under section 169.09, subdivision 13, unless the information would identify a
3.25juvenile who was taken into custody or who is suspected of committing an offense that
3.26would be a crime if committed by an adult, or would associate a juvenile with the offense,
3.27and the offense is not an adult court traffic offense under section 260B.225.
3.28    (e) The head of a law enforcement agency or a person specifically given the duty
3.29by the head of the law enforcement agency shall notify the superintendent or chief
3.30administrative officer of a juvenile's school of an incident occurring within the agency's
3.31jurisdiction if:
3.32    (1) the agency has probable cause to believe that the juvenile has committed an
3.33offense that would be a crime if committed as an adult, that the victim of the offense is a
3.34student or staff member of the school, and that notice to the school is reasonably necessary
3.35for the protection of the victim; or
4.1    (2) the agency has probable cause to believe that the juvenile has committed an
4.2offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime
4.3if committed by an adult, regardless of whether the victim is a student or staff member
4.4of the school.
4.5    A law enforcement agency is not required to notify the school under this paragraph
4.6if the agency determines that notice would jeopardize an ongoing investigation. For
4.7purposes of this paragraph, "school" means a public or private elementary, middle,
4.8secondary, or charter school.
4.9    (f) In any county in which the county attorney operates or authorizes the operation
4.10of a juvenile prepetition or pretrial diversion program, a law enforcement agency or
4.11county attorney's office may provide the juvenile diversion program with data concerning
4.12a juvenile who is a participant in or is being considered for participation in the program.
4.13    (g) Upon request of a local social services agency, peace officer records of
4.14children who are or may be delinquent or who may be engaged in criminal acts may be
4.15disseminated to the agency to promote the best interests of the subject of the data.
4.16    (h) Upon written request, the prosecuting authority shall release investigative data
4.17collected by a law enforcement agency to the victim of a criminal act or alleged criminal
4.18act or to the victim's legal representative, except as otherwise provided by this paragraph.
4.19Data shall not be released if:
4.20    (1) the release to the individual subject of the data would be prohibited under
4.21section 13.821; or
4.22    (2) the prosecuting authority reasonably believes:
4.23    (i) that the release of that data will interfere with the investigation; or
4.24    (ii) that the request is prompted by a desire on the part of the requester to engage in
4.25unlawful activities.
4.26    (i) Upon written request by the data subject, a law enforcement agency shall destroy
4.27all records in its possession pertaining to a juvenile alleged or found to have engaged in
4.28prostitution, as defined in section 609.321, subdivision 9, while acting as a prostitute.
4.29EFFECTIVE DATE.This section is effective August 1, 2014."
4.30Page 6, after line 29, insert:

4.31    "Sec. 7. Minnesota Statutes 2012, section 299C.095, subdivision 2, is amended to read:
4.32    Subd. 2. Retention. (a) Notwithstanding section 138.17, the bureau shall retain
4.33juvenile history records for the time periods provided in this subdivision. Notwithstanding
4.34contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must
4.35be retained for the longest time period applicable to any item in the individual juvenile
5.1history record. If, before data are destroyed under this subdivision, the subject of the
5.2data is convicted of a felony as an adult, the individual's juvenile history record must be
5.3retained for the same time period as an adult criminal history record.
5.4(b) Juvenile history data on a child who was arrested must be destroyed six months
5.5after the arrest if the child has not been referred to a diversion program and no petition has
5.6been filed against the child by that time.
5.7(c) Juvenile history data on a child against whom a delinquency petition was filed
5.8and subsequently dismissed must be destroyed upon receiving notice from the court that
5.9the petition was dismissed.
5.10(d) Juvenile history data on a child who was referred to a diversion program or
5.11against whom a delinquency petition has been filed and continued for dismissal must be
5.12destroyed when the child reaches age 21.
5.13(e) Juvenile history data on a child against whom a delinquency petition was filed
5.14and continued without adjudication, or a child who was found to have committed a felony
5.15or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If
5.16the offender commits a felony violation as an adult, the bureau shall retain the data for as
5.17long as the data would have been retained if the offender had been an adult at the time
5.18of the juvenile offense.
5.19(f) The bureau shall retain extended jurisdiction juvenile data on an individual
5.20received under section 260B.171, subdivision 2, paragraph (c), for as long as the data
5.21would have been retained if the offender had been an adult at the time of the offense.
5.22(g) Data retained on individuals under this subdivision are private data under section
5.2313.02 , except that extended jurisdiction juvenile data become public data under section
5.2413.87, subdivision 2 , when the juvenile court notifies the bureau that the individual's adult
5.25sentence has been executed under section 260B.130, subdivision 5.
5.26(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the
5.27bureau shall destroy the data according to the schedule in this subdivision, unless the
5.28person has access to the data under other law. The bureau shall include a notice of the
5.29destruction schedule with all data it disseminates on juveniles.
5.30(i) Notwithstanding paragraph (a), juvenile history data on a child pertaining to an
5.31allegation or finding that the child, while acting as a prostitute, engaged in prostitution
5.32as defined in section 609.321, subdivision 9, must be destroyed upon written request
5.33of the data subject.
5.34EFFECTIVE DATE.This section is effective August 1, 2014."
5.35Renumber the sections in sequence and correct the internal references
5.36Amend the title accordingly