Minnesota SF 2825: Local governmental units prohibition or possession restriction of dangerous weapons, ammunition, or explosives in local government-owned or leased buildings and land authorization

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; clarifying that the protections related to interviews of​
1.3 child abuse victims apply to all recordings; proposing changes to terms used in​
1.4 statutes that punish creation, distribution, and possession of sexually explicit​
1.5 materials involving children; making conforming changes; amending Minnesota​
1.6 Statutes 2024, sections 13.03, subdivision 6; 13.821; 144.296; 246B.04, subdivision​
1.7 2; 609.527, subdivision 3; 611A.90; 617.246; 617.247; 634.35.​
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.9 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:​
1.10 Subd. 6.Discoverability of not public data.If a government entity opposes discovery​
1.11 of government data or release of data pursuant to court order on the grounds that the data​
1.12 are classified as not public, the party that seeks access to the data may bring before the​
1.13 appropriate presiding judicial officer, arbitrator, or administrative law judge an action to​
1.14 compel discovery or an action in the nature of an action to compel discovery.​
1.15 The presiding officer shall first decide whether the data are discoverable or releasable​
1.16 pursuant to the rules of evidence and of criminal, civil, or administrative procedure​
1.17 appropriate to the action.​
1.18 If the data are discoverable the presiding officer shall decide whether the benefit to the​
1.19 party seeking access to the data outweighs any harm to the confidentiality interests of the​
1.20 entity maintaining the data, or of any person who has provided the data or who is the subject​
1.21 of the data, or to the privacy interest of an individual identified in the data. In making the​
1.22 decision, the presiding officer shall consider whether notice to the subject of the data is​
1.23 warranted and, if warranted, what type of notice must be given. The presiding officer may​
1.24 fashion and issue any protective orders necessary to assure proper handling of the data by​
1​Section 1.​
25-04656 as introduced​03/05/25 REVISOR KLL/RC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2825​NINETY-FOURTH SESSION​
(SENATE AUTHORS: OUMOU VERBETEN)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​933​03/20/2025​
Referred to Judiciary and Public Safety​
See HF2432​

2.1 the parties. If the data are a videotape recording of a child victim or alleged victim alleging,​
2.2 explaining, denying, or describing an act of physical or sexual abuse, the presiding officer​
2.3 shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data​
2.4 are data subject to the protections under chapter 5B or section 13.045, the presiding officer​
2.5 shall consider the provisions of section 5B.11.​
2.6 Sec. 2. Minnesota Statutes 2024, section 13.821, is amended to read:​
2.7 13.821 VIDEOTAPES RECORDINGS OF CHILD ABUSE VICTIMS.​
2.8 (a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not​
2.9 obtain a copy of a videotape recording in which a child victim or alleged victim is alleging,​
2.10 explaining, denying, or describing an act of physical or sexual abuse without a court order​
2.11 under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual​
2.12 abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a​
2.13 person responsible for the child's care or in a significant relationship with the child or​
2.14 position of authority.​
2.15 (b) This section does not limit other rights of access to data by an individual under section​
2.16 13.04, subdivision 3, other than the right to obtain a copy of the videotape recording, nor​
2.17 prohibit rights of access pursuant to discovery in a court proceeding.​
2.18 Sec. 3. Minnesota Statutes 2024, section 144.296, is amended to read:​
2.19 144.296 COPIES OF VIDEOTAPES RECORDINGS.​
2.20 A provider may not release a copy of a videotape recording of a child victim or alleged​
2.21 victim of physical or sexual abuse without a court order under section 13.03, subdivision​
2.22 6, or as provided in section 611A.90. This section does not limit the right of a patient to​
2.23 view or listen to the videotape recording.​
2.24 Sec. 4. Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:​
2.25 Subd. 2.Ban on obscene material or pornographic work.The executive board shall​
2.26 prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous​
2.27 persons under chapter 253D from having or receiving material that is obscene as defined​
2.28 under section 617.241, subdivision 1, material that depicts sexual conduct as defined under​
2.29 section 617.241, subdivision 1, or pornographic work child sexual abuse material as defined​
2.30 under section 617.246, subdivision 1, while receiving services in any secure treatment​
2.31 facilities operated by the Minnesota Sex Offender Program or any