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House Study Bill 612

Conference Committee Text

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 a peace
  1  7 officer's investigative report shall not be kept confidential
  1  8 under this section after charges are filed regarding the crime
  1  9 or incident which is the subject of the report, except in
  1 10 those unusual circumstances where disclosure would plainly and
  1 11 seriously jeopardize an investigation or pose a clear and
  1 12 present danger to the safety of an individual.
  1 13    Sec. 2.  Section 22.7, Code Supplement 1995, is amended by
  1 14 adding the following new subsection:
  1 15    NEW SUBSECTION.  5A.  Court records concerning a crime or
  1 16 incident prior to charges being filed regarding the crime or
  1 17 incident, except where disclosure is authorized elsewhere in
  1 18 this Code.
  1 19    Sec. 3.  Section 22.7, subsection 18, paragraph c, Code
  1 20 Supplement 1995, is amended to read as follows:
  1 21    c.  Information contained in the communication is a public
  1 22 record to the extent that it indicates the date, time,
  1 23 specific location, and immediate facts and circumstances
  1 24 surrounding the occurrence of a crime or other illegal act
  1 25 after charges are filed regarding a crime or incident, except
  1 26 to the extent that its disclosure would plainly and seriously
  1 27 jeopardize a continuing investigation or pose a clear and
  1 28 present danger to the safety of any person.  In any action
  1 29 challenging the failure of the lawful custodian to disclose
  1 30 any particular information of the kind enumerated in this
  1 31 paragraph, the burden of proof is on the lawful custodian to
  1 32 demonstrate that the disclosure of that information would
  1 33 jeopardize such an investigation or would pose such a clear
  1 34 and present danger.  
  1 35                           EXPLANATION
  2  1    This bill provides that peace officers' investigative
  2  2 reports, court records, and certain communications from
  2  3 private persons to government officials regarding a crime or
  2  4 incident are confidential public records until charges are
  2  5 filed regarding a crime or incident.  The bill also provides
  2  6 that peace officers' investigative reports and communications
  2  7 to government officials regarding a crime or incident may be
  2  8 kept confidential after charges are filed when necessary to
  2  9 safeguard a person or to avoid jeopardizing an investigation.  
  2 10 LSB 3591YC 76
  2 11 mk/jj/8
     
Text: HSB00611                          Text: HSB00613
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