Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given:
(1) "certifying entity" means a state or local law enforcement agency;
(2) "criminal activity" means qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the Immigration and Nationality Act, as amended through June 1, 2021, and includes the attempt, conspiracy, or solicitation to commit such crimes; and
(3) "certification" means any certification or statement required by federal immigration law, as amended through June 1, 2021, including but not limited to the information required by United States Code, title 8, section 1184(p), and United States Code, title 8, section 1184(o), including current United States Citizenship and Immigration Services Form I-918, Supplement B, and United States Citizenship and Immigration Services Form I-914, Supplement B, and any substantively similar successor forms.
Subd. 2. Certification process. (a) A certifying entity shall process a certification requested by a victim of criminal activity or a representative of the victim, including the victim's attorney, family member, or domestic violence or sexual assault violence advocate, within the time period prescribed in paragraph (b).
(b) A certifying entity shall process the certification within 90 days of request, unless the victim is in removal proceedings, in which case the certification shall be processed within 14 days of request. Requests for expedited certification must be affirmatively raised at the time of the request.
(c) An active investigation, the filing of charges, or a prosecution or conviction are not required for the victim of criminal activity to request and obtain the certification, provided that the certifying entity initiated an investigation and the victim cooperated in it.
Subd. 3. Certifying entity; designate agent. (a) The head of a certifying entity shall designate an agent to perform the following responsibilities:
(1) timely process requests for certification;
(2) provide outreach to victims of criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record of all certification requests and responses.
(b) All certifying entities shall implement a language access protocol for non-English-speaking victims of criminal activity.
Subd. 4. Disclosure prohibited; data classification. (a) A certifying entity is prohibited from disclosing the immigration status of a victim of criminal activity, except to comply with federal law or legal process, or if authorized by the victim of criminal activity or representative requesting the certification.
(b) Data provided to a certifying entity under this section is classified as private data pursuant to section 13.02, subdivision 12.
1Sp2021 c 11 art 3 s 34
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 611A — Crime Victims: Rights, Programs, Agencies
Section 611A.01 — Definitions.
Section 611A.015 — Scope Of Victims' Rights.
Section 611A.02 — Notification Of Victim Services And Victims' Rights.
Section 611A.021 — Notice Of Right To Request Withholding Of Certain Public Data.
Section 611A.03 — Plea Agreements; Notification.
Section 611A.0301 — Right To Submit Statement At Plea Presentation Hearing.
Section 611A.031 — Victim Input Regarding Pretrial Diversion.
Section 611A.0311 — Domestic Abuse Prosecutions Plan And Procedures.
Section 611A.033 — Speedy Trial; Notice Of Schedule Change.
Section 611A.034 — Separate Waiting Areas In Courthouse.
Section 611A.035 — Confidentiality Of Victim's Address.
Section 611A.036 — Prohibition Against Employer Retaliation.
Section 611A.037 — Presentence Investigation; Victim Impact; Notice.
Section 611A.038 — Right To Submit Statement At Sentencing.
Section 611A.039 — Right To Notice Of Final Disposition Of Criminal Case.
Section 611A.0392 — Notice To Community Crime Prevention Group.
Section 611A.0393 — Crime Alerts; Violent Crimes; Disabled Access.
Section 611A.0395 — Right To Information Regarding Defendant's Appeal.
Section 611A.04 — Order Of Restitution.
Section 611A.045 — Procedure For Issuing Order Of Restitution.
Section 611A.046 — Victim's Right To Request Probation Review Hearing.
Section 611A.05 — Penalties No Bar To Civil Remedies.
Section 611A.06 — Right To Notice Of Release.
Section 611A.07 — Electronic Monitoring To Protect Domestic Abuse Victims; Standards.
Section 611A.19 — Testing Sex Offender For Human Immunodeficiency Virus.
Section 611A.20 — Notice Of Risk Of Sexually Transmitted Disease.
Section 611A.201 — Director Of Prevention Of Domestic Violence And Sexual Assault.
Section 611A.203 — Domestic Fatality Review Teams.
Section 611A.211 — Programs For Victims Of Sexual Assault.
Section 611A.212 — Programs For Sexual Assault Primary Prevention.
Section 611A.26 — Polygraph Examinations; Criminal Sexual Conduct Complaints; Limitations.
Section 611A.27 — Victim Rights To Sexual Assault Evidence Information.
Section 611A.31 — Definitions.
Section 611A.32 — Battered Women Programs.
Section 611A.33 — Duties Of Commissioner.
Section 611A.345 — Director Recommendations.
Section 611A.35 — Domestic Abuse Program Director.
Section 611A.37 — Definitions.
Section 611A.371 — Program Operation.
Section 611A.372 — Duties Of Director.
Section 611A.45 — Programs For Victims Of Crime.
Section 611A.46 — Classification Of Data.
Section 611A.52 — Definitions.
Section 611A.53 — Reparations Awards Prohibited.
Section 611A.54 — Amount Of Reparations.
Section 611A.55 — Crime Victims Reparations Board.
Section 611A.56 — Powers And Duties Of Board.
Section 611A.57 — Determination Of Claims.
Section 611A.58 — Attorney Fees; Limitation For Representation Before Board.
Section 611A.60 — Reparations; How Paid.
Section 611A.61 — Subrogation.
Section 611A.612 — Crime Victims Account.
Section 611A.62 — Medical Privilege.
Section 611A.63 — Enforcement Of Board's Orders.
Section 611A.64 — Department Of Corrections; Restitution.
Section 611A.65 — Use Of Record Of Claim; Evidence.
Section 611A.66 — Law Enforcement Agencies; Duty To Inform Victims Of Right To File Claim.
Section 611A.67 — Fraudulent Claims; Penalty.
Section 611A.675 — Fund For Emergency Needs Of Crime Victims.
Section 611A.68 — Limiting Commercial Exploitation Of Crimes; Payment Of Victims.
Section 611A.73 — Definitions.
Section 611A.74 — Crime Victims; Rights; Complaints.
Section 611A.76 — Crime Victim Services Telephone Line.
Section 611A.77 — Mediation Programs For Crime Victims And Offenders.
Section 611A.775 — Restorative Justice Programs.
Section 611A.79 — Civil Damages For Bias Offenses.
Section 611A.80 — Definitions.
Section 611A.81 — Cause Of Action For Coercion For Use In Prostitution.
Section 611A.82 — Acts Not Defenses.
Section 611A.84 — Statute Of Limitations.
Section 611A.85 — Other Remedies Preserved.
Section 611A.86 — Double Recovery Prohibited.
Section 611A.87 — Award Of Costs.
Section 611A.88 — No Avoidance Of Liability.
Section 611A.90 — Release Of Videotapes Of Child Abuse Victims.