SF4345

Purpose

• Establish privacy protections for certain investigative data and evidence, while clarifying when data related to criminal investigations becomes public. It also creates a new framework to protect sensitive evidence in crimes of violence, especially to shield victims and minors from unnecessary public disclosure.

Main Provisions

• Section 1: Changes to how investigative data is classified and released

  • Clarifies categories: “investigative data” (data used to prepare a case) is confidential or protected nonpublic while an investigation is active.
  • Defines “inactive investigative data” as public unless releasing it would jeopardize another ongoing investigation or reveal identities protected by law.
  • Special rule for images and recordings in inactive files: they are considered private or nonpublic even if they were used as evidence, but the existence of those images/recordings must be disclosed to anyone requesting access to the inactive file.
  • When an investigation becomes inactive (examples):
  • The agency or prosecutor decides not to pursue the case.
  • The time to bring charges or file a complaint has expired, or 30 years after the offense (whichever occurs first).
  • All rights of appeal by a person convicted on the basis of the investigative data are exhausted or expired.
  • Any investigative data that was presented as evidence in court remains public.
  • Inactive data can become active again if the agency renews the investigation.
  • During an active investigation, anyone may petition a district court to disclose investigative data. The court can order release in whole or part. The court weighs public benefit against possible harm, and disputes are reviewed in a private in-camera setting.

• Section 2: New protections for clearly offensive evidence in crimes of violence

  • Names and purpose: This section is titled the Jay Boughton Minor Protection Evidence Access Act.
  • Key definitions: “victim” follows the definition in state law (611A.01(b)); “crime of violence” follows the definition in state law (629.725(b)).
  • Protective orders for offensive evidence: In a criminal case involving a crime of violence, if evidence that is clearly offensive to common sensibilities could reasonably cause significant privacy disruption or severe emotional distress to a victim or third party, the prosecuting authority must seek an appropriate protective order to prevent unnecessary public disclosure.
  • Special protection for minors: Special consideration is given to victims or third parties who are minors.
  • Specific protected evidence:
  • Audio recordings of 911 calls made by a minor victim or a minor family member to request service from police, fire, or medical personnel.
  • Video footage showing a minor victim or a minor family member captured by a portable recording system or by a video camera installed in a law enforcement vehicle.
  • Rights and limits: The section does not take away a defendant’s right to access evidence under the Rules of Criminal Procedure; however, a protective order may limit further dissemination of the protected evidence.

Significant Changes to Law

• Creates a formal distinction between active and inactive investigative data, with public access rules for inactive data and a pathway to challenge disclosure in court.
• Establishes a new protective framework specifically for evidence that is clearly offensive to common sensibilities in crimes of violence, prioritizing privacy and emotional well-being of victims (especially minors) while still preserving defendants’ access rights.

Potential Implications (plain-language note)

• Privacy protections could limit public access to certain investigative materials, especially images/recordings, after an investigation ends.
• Courts gain a tool (protective orders) to shield sensitive material like 911 calls and video involving minors from broad public sharing.
• Public scrutiny of investigations may be tempered by the option to seek limited disclosures via in-camera review.

Relevant Terms - inactive investigative data - investigative data - active vs inactive - confidential data - protected nonpublic data - private data - public data - images and recordings - existence of images/recordings disclosure - protective order - court - in camera - district court - offense - statute of limitations - 30 years after the offense - data determined inactive - data that was presented as evidence - crime of violence - victim - 611A.01(b) - minor victim - minor family member - 911 call - portable recording system - law enforcement vehicle video - Jay Boughton Minor Protection Evidence Access Act - Rules of Criminal Procedure - disclosure - public benefit vs harm