Prosecuting authorities required to seek protective order for certain evidence clearly offensive to common sensibilities, and classification of certain inactive criminal investigative data clarified.

A bill for an act

relating to court records; requiring prosecuting authorities to seek protective order

for certain evidence clearly offensive to common sensibilities; clarifying the

classification of certain inactive criminal investigative data; amending Minnesota

Statutes 2024, section 13.82, subdivision 7; proposing coding for new law in

Minnesota Statutes, chapter 634.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.82, subdivision 7, is amended to read:

Subd. 7.

Criminal investigative data.

Except for the data defined in subdivisions 2, 3,

and 6, investigative data collected or created by a law enforcement agency in order to prepare

a case against a person, whether known or unknown, for the commission of a crime or other

offense for which the agency has primary investigative responsibility are confidential or

protected nonpublic while the investigation is active. Inactive investigative data are public

unless the release of the data would jeopardize another ongoing investigation or would

reveal the identity of individuals protected under subdivision 17. Images and recordings,

including photographs, video, and audio records, which are part of inactive investigative

files and which are clearly offensive to common sensibilities are classified as private or

nonpublic data
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regardless of whether they were presented as evidence in court
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, provided

that the existence of the images and recordings shall be disclosed to any person requesting

access to the inactive investigative file. An investigation becomes inactive upon the

occurrence of any of the following events:

(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;

(b) expiration of the time to bring a charge or file a complaint under the applicable statute

of limitations, or 30 years after the commission of the offense, whichever comes earliest;

or

(c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis

of the investigative data.

Any investigative data presented as evidence in court shall be public. Data determined

to be inactive under clause (a) may become active if the agency or appropriate prosecutorial

authority decides to renew the investigation.

During the time when an investigation is active, any person may bring an action in the

district court located in the county where the data are being maintained to authorize disclosure

of investigative data. The court may order that all or part of the data relating to a particular

investigation be released to the public or to the person bringing the action. In making the

determination as to whether investigative data shall be disclosed, the court shall consider

whether the benefit to the person bringing the action or to the public outweighs any harm

to the public, to the agency or to any person identified in the data. The data in dispute shall

be examined by the court in camera.

Sec. 2.

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[634.355] EVIDENCE CLEARLY OFFENSIVE TO COMMON

SENSIBILITIES.

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(a) This section may be cited as the "Jay Boughton Minor Protection Evidence Access

Act."

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(b) For the purposes of this section, the following terms have the meanings given:

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(1) "victim" has the meaning given in section 611A.01, paragraph (b); and

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(2) "crime of violence" has the meaning given in section 629.725, paragraph (b).

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(c) In a criminal proceeding for a crime of violence, when a party introduces or plans

to introduce evidence that is clearly offensive to common sensibilities, the public release

of which could reasonably be foreseen to cause either a significant disruption to the privacy

of or severe emotional distress to a victim or a third party, the prosecuting authority in the

proceeding must seek an appropriate protective order from the court to protect the evidence

from unnecessary public disclosure. In determining whether evidence warrants seeking a

protective order under this paragraph, a prosecuting authority must give special consideration

to a victim or third party who is a minor.

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(d) In a criminal proceeding for a crime of violence, a prosecuting authority must seek

an appropriate protective order from the court to protect the following evidence from

unnecessary public disclosure:

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(1) the audio recording of a 911 system call placed by a minor victim or the minor family

member of a victim for the purpose of requesting service from a law enforcement, fire, or

medical agency; or

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(2) video footage that (i) shows a minor victim or the minor family member of a victim,

and (ii) was captured by either a portable recording system, as defined by section 13.825,

or a video camera installed in a law enforcement vehicle.

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(e) This section does not affect the right of a defendant in a criminal proceeding to obtain

access to evidence under the Rules of Criminal Procedure, provided that a protective order

from the court may prohibit further dissemination of the evidence by the defendant.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to proceedings

commenced on or after that date.

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