Subd. 6.

Discoverability of not public data.

new text begin (a) new text end If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.

The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.

If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining,
denying, or describing an act of physical or sexual abuse, the presiding officer shall consider
the provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject
to the protections under chapter 5B or section 13.045, the presiding officer shall consider
the provisions of section 5B.11.

new text begin (b) This subdivision does not apply to requests by a prosecuting authority to review
government data for the purposes of complying with the prosecuting authority's constitutional
obligation to disclose evidence to a criminal defendant.
new text end

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
Council in accomplishing the council's duties; and

(3) allow for the board, the Ensuring Police Excellence and Improving Community
Relations Advisory Council, and the board's complaint investigation committee to identify
patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

new text begin (f) The board shall make all individual peace officer data submitted under paragraph (b)
accessible to a prosecuting authority for purposes of complying with the constitutional
obligation to disclose evidence to a criminal defendant. If the prosecuting authority
determines that personnel data that is not public data, as defined by section 13.02, subdivision
8a, must be disclosed to the defendant, the classification of the data does not change, and
the prosecuting authority must secure a protective order prior to disclosure to the defendant.
new text end

Subd. 5.

Immunity from liability.

A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board new text begin or a prosecuting authority new text end under subdivisions 3 and 4, unless
the chief law enforcement officer, city, county, or public official or employees of the law
enforcement agency presented false information to the board new text begin or a prosecuting authority new text end with
the intention of causing reputational harm to the peace officer.