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H0152................................by JUDICIARY, RULES AND ADMINISTRATION RECORDS - PROSECUTING ATTORNEY - Amends existing law to exempt the files of prosecuting attorneys from public disclosure. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 152 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, TO EXEMPT THE 3 FILES OF PROSECUTING ATTORNEYS FROM PUBLIC DISCLOSURE. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 8 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 9 exempt from disclosure: 10 (1) Investigatory records of a law enforcement agency, as defined in sec- 11 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335, 12 Idaho Code. 13 (2) Juvenile records of a person maintained pursuant to chapter 5, title 14 20, Idaho Code, except that facts contained in such records shall be furnished 15 upon request in a manner determined by the court to persons and governmental 16 and private agencies and institutions conducting pertinent research studies or 17 having a legitimate interest in the protection, welfare and treatment of the 18 juvenile who is thirteen (13) years of age or younger. If the juvenile is 19 petitioned or charged with an offense which would be a criminal offense if 20 committed by an adult, the name, offense of which the juvenile was petitioned 21 or charged and disposition of the court shall be subject to disclosure as pro- 22 vided in section 20-525, Idaho Code. Additionally, facts contained in any 23 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 24 be furnished upon request to any school district where the juvenile is 25 enrolled or is seeking enrollment. 26 (3) (a) Until July 1, 2001, records of the department of correction to 27 the extent that disclosure thereof would interfere with the secure and 28 orderly conduct of their operations, or the rehabilitation of any person 29 in the custody of the department of correction, or would substantially 30 prejudice or prevent the carrying out of the functions of the department 31 of correction if the public interest in confidentiality clearly outweighs 32 the public interest in disclosure. Records exempt from disclosure shall 33 include, but not be limited to, those containing the names and addresses 34 of witnesses or victims or those containing information identifying vic- 35 tims or witnesses. 36 (b) Operation and security manuals, plans or codes of county jails and 37 buildings owned or leased by Idaho state government, a county or a city. 38 "Operation manuals" are those internal documents of any state government 39 agency, county or city building or jail that define the procedures uti- 40 lized to maintain security within the building or jail. "Plans or codes" 41 relate only to those documents, the release of which could jeopardize the 42 safety of workers in those buildings, or adversely affect the public 43 safety. 2 1 (c) Records of the commission of pardons and parole shall be exempt from 2 public disclosure pursuant to section 20-213A, Idaho Code, and section 3 20-223, Idaho Code. Records exempt from disclosure shall also include 4 those containing the names, addresses and written statements of victims. 5 (4) Voting records of the sexual offender classification board. In accor- 6 dance with section 18-8315, Idaho Code, the written record of the vote to 7 classify an offender as a violent sexual predator by each board member in each 8 case reviewed by that board member shall be exempt from disclosure to the 9 public and shall be made available upon request only to the governor, the 10 chairman of the senate judiciary and rules committee, and the chairman of the 11 house of representatives judiciary, rules and administration committee, for 12 all lawful purposes. 13 (5) Records of the sheriff or Idaho state police received or maintained 14 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 15 (6) Records of investigations prepared by the department of health and 16 welfare pursuant to its statutory responsibilities dealing with the protection 17 of children, the rehabilitation of youth, adoptions and the commitment of men- 18 tally ill persons. 19 (7) Records including, but not limited to, investigative reports, result- 20 ing from investigations conducted into complaints of discrimination made to 21 the Idaho human rights commission unless the public interest in allowing 22 inspection and copying of such records outweighs the legitimate public or pri- 23 vate interest in maintaining confidentiality of such records. A person may 24 inspect and copy documents from an investigative file to which he or she is a 25 named party if such documents are not otherwise prohibited from disclosure by 26 federal law or regulation or state law. The confidentiality of this subsection 27 will no longer apply to any record used in any judicial proceeding brought by 28 a named party to the complaint or investigation, or by the Idaho human rights 29 commission, relating to the complaint of discrimination. 30 (8) Records containing information obtained by the manager of the Idaho 31 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 32 behalf of employers or employees contained in underwriting and claims for ben- 33 efits files. 34 (9) The worker's compensation records of the Idaho industrial commission 35 provided that the industrial commission shall make such records available: 36 (a) To the parties in any worker's compensation claim and to the indus- 37 trial special indemnity fund of the state of Idaho; or 38 (b) To employers and prospective employers subject to the provisions of 39 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 40 limitations, who certify that the information is being requested with 41 respect to a worker to whom the employer has extended an offer of employ- 42 ment and will be used in accordance with the provisions of the Americans 43 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 44 (c) To employers and prospective employers not subject to the provisions 45 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 46 tory limitations, provided the employer presents a written authorization 47 from the person to whom the records pertain; or 48 (d) To others who demonstrate that the public interest in allowing 49 inspection and copying of such records outweighs the public or private 50 interest in maintaining the confidentiality of such records, as determined 51 by a civil court of competent jurisdiction. 52 (10) Records of investigations compiled by the commission on aging involv- 53 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 54 be abused, neglected or exploited. 55 (11) Criminal history records and fingerprints, as defined by section 3 1 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 2 shall be released only in accordance with chapter 30, title 67, Idaho Code. 3 (12) Files of prosecuting attorneys.
STATEMENT OF PURPOSE RS 10874 This legislation is intended to include files of prosecuting attorneys as records exempt from disclosure under Idaho Code, Section 9-340B. FISCAL IMPACT This bill will result in savings in labor costs to Idaho's prosecuting attorneys. Contact Name: Representative Tom Moss Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 152