Purpose of the Bill

The purpose of this bill is to establish a legal requirement for prosecuting authorities in criminal proceedings to request protective orders to manage the release of sensitive evidence. It aims to protect the privacy and emotional well-being of victims and third parties.

Main Provisions

• Protective Orders for Evidence: In cases where evidence is considered "clearly offensive to common sensibilities," prosecuting authorities are required to file this evidence under seal with the court and seek protective orders to prevent unnecessary public disclosure.
• Special Consideration for Minors: When deciding on seeking a protective order, special consideration must be given to victims or third parties who are minors.
• Inclusion of 911 Calls: The bill specifically mandates that prosecuting authorities seek protective orders for audio recordings of 911 calls used in criminal proceedings.

Significant Changes to Existing Law

• New Requirement: This bill introduces a new section to Minnesota Statutes chapter 634, mandating the sealing and protection of certain evidence in criminal proceedings. This is to prevent potential disruptions to privacy or emotional distress caused by its public release.
• Defendant’s Rights: The bill clarifies that while defendants maintain the right to access evidence, the court may restrict further dissemination through protective orders.

Relevant Terms

evidence, protective order, privacy, emotional distress, victim, minors, 911 calls, prosecuting authorities, criminal proceedings, sealing records, Jay Boughton Evidence Access Act.