Print Friendly HOUSE BILL NO. 152 – Records/prosecutng atty/no disclosr
HOUSE BILL NO. 152
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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 - 2001
IN 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
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
This legislation is intended to include files of prosecuting
attorneys as records exempt from disclosure under Idaho Code,
This bill will result in savings in labor costs to Idaho's
Name: Representative Tom Moss
STATEMENT OF PURPOSE/FISCAL NOTE H 152