SB 573

Currently, state and 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.

The bill also provides that if the state Office of Justice Assistance (OJA) receives

law enforcement investigative information from a law enforcement agency, OJA and

any other law enforcement agency with which OJA shares the information are not

considered to be the custodians of any record or portion of a record containing that

information. For purposes of requests for access to the shared information, the bill

provides that the law enforcement agency that provided the information to OJA is

considered to be the custodian of all records or portions of records containing that

information and the bill directs OJA and any other law enforcement agency with

which OJA shares the information to deny access to any record or portion of a record

containing that information.

No similar provisions exist currently.