AB 489

Currently, local governmental records are available for public inspection and

copying except as specifically authorized or required by law, and except that if the

custodian of a record demonstrates that the public interest in withholding access to

information contained in a record outweighs the public interest in providing access

to that information, access may be denied. Applying this test, the courts have

permitted access to some law enforcement investigative records to be denied. In

addition, under current law, law enforcement investigative records are exempted

from the right of access whenever federal law or regulations so require or as a

condition to receipt of aids by this state so require.

This bill provides that if a local governmental unit whose primary function is

information storage, information technology processing, or other information

technology usage (information technology unit) receives a request for access to

information in a law enforcement record, the information technology unit must deny

any portion of the request that relates to information in a law enforcement record.

Under the bill, for purposes of access to public records, the information technology

unit is not considered to be the custodian of the law enforcement record. For purposes

of such access, the custodian is the local governmental unit for which the record is

stored, processed, or otherwise used. The bill defines a law enforcement record as

any record that is created or received by a law enforcement agency relating to an

investigation conducted by a law enforcement agency or a request for a law

enforcement agency to provide law enforcement services. No similar provisions exist

currently.