2001 Legislation
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HOUSE BILL NO. 152 – Records/prosecutng atty/no disclosr


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 152
  1                                        AN ACT
  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:
  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.
  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
  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 / Fiscal Impact

                       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.

Name: Representative Tom Moss 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 152