Text: HF02072 Text: HF02074 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, subsection 5, Code Supplement 1 2 1995, is amended to read as follows: 1 3 5. Peace officers' investigative reports, except where 1 4 disclosure is authorized elsewhere in this Code. However, the 1 5 date, time, specific location, and immediate facts and 1 6 circumstances surrounding a crime or incident shall not be 1 7 kept confidential under this section, except inthose unusual1 8 the following circumstanceswhere disclosure would plainly and1 9seriously jeopardize an investigation or pose a clear and1 10present danger to the safety of an individual.: 1 11 a. The crime or incident involves a violation of sections 1 12 709.2 through 709.4, or section 709.11, and the victim has 1 13 requested that victim-identifying information remain 1 14 confidential, except that for good cause and after reasonable 1 15 notice to the victim or if an indictment or information is 1 16 filed against the alleged perpetrator of the sexual abuse or 1 17 attempted sexual abuse, the victim-identifying information 1 18 shall no longer remain confidential. In cases involving 1 19 sections 709.2 through 709.4, or section 709.11, law 1 20 enforcement officers shall inform the victim that victim- 1 21 identifying information shall remain confidential at the 1 22 request of the victim, except for good cause and after 1 23 reasonable notice to the victim. Law enforcement officers 1 24 shall also inform the victim that if an indictment or 1 25 information is filed against the alleged perpetrator of the 1 26 sexual abuse or attempted sexual abuse, victim-identifying 1 27 information shall no longer remain confidential. 1 28 b. The crime or incident involves unusual circumstances 1 29 where disclosure would plainly and seriously jeopardize an 1 30 investigation or pose a clear and present danger to the safety 1 31 of an individual. 1 32 For the purposes of this subsection, "victim-identifying 1 33 information" means the victim's name and address, and the 1 34 location of the sexual abuse or attempted sexual abuse if that 1 35 information would serve to identify the victim. 2 1 Sec. 2. Section 22.7, subsection 18, paragraph c, Code 2 2 Supplement 1995, is amended to read as follows: 2 3 c. Information contained in the communication is a public 2 4 record to the extent thatitthe information indicates the 2 5 date, time, specific location, and immediate facts and 2 6 circumstances surrounding the occurrence of a crime or other 2 7 illegal act, exceptto the extent that its disclosure would2 8plainly and seriously jeopardize a continuing investigation or2 9pose a clear and present danger to the safety of any person.2 10In any action challenging the failure of the lawful custodian2 11to disclose any particular information of the kind enumerated2 12in this paragraph, the burden of proof is on the lawful2 13custodian to demonstrate that the disclosure of that2 14information would jeopardize such an investigation or would2 15pose such a clear and present danger.in the following 2 16 circumstances: 2 17 (1) The information involves a violation of sections 709.2 2 18 through 709.4, or section 709.11, and the victim has requested 2 19 that victim-identifying information remain confidential, 2 20 except that for good cause and after reasonable notice to the 2 21 victim or if an indictment or information is filed against the 2 22 alleged perpetrator of the sexual abuse or attempted sexual 2 23 abuse, the victim-identifying information shall no longer 2 24 remain confidential. In cases involving sections 709.2 2 25 through 709.4, or section 709.11, law enforcement officers 2 26 shall inform the victim that victim-identifying information 2 27 shall remain confidential at the request of the victim, except 2 28 for good cause and after reasonable notice to the victim. Law 2 29 enforcement officers shall also inform the victim that, if an 2 30 indictment or information is filed against the alleged 2 31 perpetrator of the sexual abuse or attempted sexual abuse, 2 32 victim-identifying information shall no longer remain 2 33 confidential. 2 34 (2) The disclosure of the information would plainly and 2 35 seriously jeopardize a continuing investigation or pose a 3 1 clear and present danger to the safety of an individual. 3 2 For the purposes of this subsection, "victim-identifying 3 3 information" means the victim's name and address, and the 3 4 location of the sexual abuse or attempted sexual abuse if that 3 5 information would serve to identify the victim. 3 6 In any action challenging the failure of the lawful 3 7 custodian under this paragraph to disclose identifying 3 8 information about a victim of sexual abuse or attempted sexual 3 9 abuse or other information of the kind enumerated in this 3 10 lettered paragraph, the burden of proof is on the lawful 3 11 custodian to demonstrate that good cause does not exist for 3 12 the disclosure of the identifying information or that 3 13 disclosure of other information of the kind enumerated in this 3 14 lettered paragraph would jeopardize an investigation or would 3 15 pose a clear and present danger to the safety of an 3 16 individual. 3 17 EXPLANATION 3 18 This bill provides that information that would identify a 3 19 victim of sexual abuse or attempted sexual abuse may remain 3 20 confidential at the request of the victim up to the point 3 21 where charges are brought against the alleged perpetrator of 3 22 the sexual abuse. In addition, law enforcement officers are 3 23 required to inform the victim of these facts and the fact that 3 24 the information may be released for good cause after 3 25 reasonable notice to the victim. The bill also provides that 3 26 the burden of proof is on the custodian of the information 3 27 regarding the identity of victims of sexual abuse or attempted 3 28 sexual abuse to show that good cause does not exist to 3 29 disclose the information. 3 30 LSB 3592YH 76 3 31 mk/sc/14
Text: HF02072 Text: HF02074 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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