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S1045................................................by JUDICIARY AND RULES
CRIME VICTIMS - Amends existing law to provide that records and information
in the possession of the Industrial Commission for purposes of
administering the Crime Victim's Compensation Act shall be kept
confidential and not subject to disclosure, with certain exceptions; and to
provide procedures.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 21-13-0(1 vacant)
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Frasure, Goedde, Hawkins,
Keough, King-Barrutia, Lee, Lodge, Richardson, Sorensen, Stegner,
Thorne, Williams,
NAYS -- Danielson, Deide, Dunklin, Geddes, Ingram, Ipsen, Noh, Risch,
Sandy, Schroeder, Stennett, Wheeler, Whitworth
Absent and excused -- None
Vacant -- Dist. #4
Floor Sponsor -- Davis
Title apvd - to House
02/09 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1045
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIME VICTIMS COMPENSATION; AMENDING SECTION 72-1007, IDAHO CODE,
3 TO PROVIDE THAT RECORDS AND INFORMATION IN THE POSSESSION OF THE INDUS-
4 TRIAL COMMISSION FOR PURPOSES OF ADMINISTERING THE CRIME VICTIMS COMPENSA-
5 TION ACT SHALL BE KEPT CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE WITH
6 CERTAIN EXCEPTIONS AND TO PROVIDE PROCEDURES; AND AMENDING SECTION 9-340B,
7 IDAHO CODE, TO PROVIDE FOR AN EXEMPTION FROM DISCLOSURE, WITH EXCEPTIONS,
8 FOR RECORDS OF THE INDUSTRIAL COMMISSION RELATING TO ADMINISTRATION OF THE
9 CRIME VICTIMS COMPENSATION ACT.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 72-1007, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 72-1007. PUBLIC INSPECTION AND DISCLOSURE OF COMMISSION'S RECORDS. The
14 records the commission maintains in its possession in the administration of
15 this chapter are open to public inspection in accordance with the provisions
16 of section 59-1009, Idaho Code, provided that all copies of reports of law
17 enforcement agencies, hospitals, physicians, mental health counselors and any
18 other person providing treatment to the victim shall be subject to disclosure
19 according to chapter 3, title 9, Idaho Code, except that All records and
20 information in the possession of the commission for the purposes of adminis-
21 tering the crime victims compensation act shall be kept confidential and not
22 subject to public disclosure, except as provided in this section. Applications
23 for benefits, exhibits, medical records, psychological records, counseling
24 records, work records, letters, criminal investigation records, criminal court
25 case records, witness statements, telephone records and other records of any
26 type or nature whatsoever maintained by the commission under this chapter
27 shall not be disclosed as a public record, except:
28 (1) Dduring the commission's regular office hours any claimant, or his
29 attorney or authorized representative, may examine all files maintained by the
30 commission in connection with his application for compensation; or
31 (2) Upon an adequate showing to the court in a separate civil or criminal
32 action that particular information or documents are not obtainable after dili-
33 gent effort from any independent source, and are shown to exist only in com-
34 mission records, the court may inspect such records in camera to determine
35 whether the public interest in disclosing such records outweighs the public or
36 private interest in maintaining confidentiality of such records; or
37 (3) To public employees and officials in the performance of their offi-
38 cial duties; or
39 (4) To physicians treating or examining victims claiming benefits under
40 this chapter or to physicians giving medical advice to the commission regard-
41 ing any claim.
42 SECTION 2. That Section 9-340B, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
3 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
4 exempt from disclosure:
5 (1) Investigatory records of a law enforcement agency, as defined in sec-
6 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
7 Idaho Code.
8 (2) Juvenile records of a person maintained pursuant to chapter 5, title
9 20, Idaho Code, except that facts contained in such records shall be furnished
10 upon request in a manner determined by the court to persons and governmental
11 and private agencies and institutions conducting pertinent research studies or
12 having a legitimate interest in the protection, welfare and treatment of the
13 juvenile who is thirteen (13) years of age or younger. If the juvenile is
14 petitioned or charged with an offense which would be a criminal offense if
15 committed by an adult, the name, offense of which the juvenile was petitioned
16 or charged and disposition of the court shall be subject to disclosure as pro-
17 vided in section 20-525, Idaho Code. Additionally, facts contained in any
18 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
19 be furnished upon request to any school district where the juvenile is
20 enrolled or is seeking enrollment.
21 (3) (a) Until July 1, 2001, records of the department of correction to
22 the extent that disclosure thereof would interfere with the secure and
23 orderly conduct of their operations, or the rehabilitation of any person
24 in the custody of the department of correction, or would substantially
25 prejudice or prevent the carrying out of the functions of the department
26 of correction if the public interest in confidentiality clearly outweighs
27 the public interest in disclosure. Records exempt from disclosure shall
28 include, but not be limited to, those containing the names and addresses
29 of witnesses or victims or those containing information identifying vic-
30 tims or witnesses.
31 (b) Operation and security manuals, plans or codes of county jails and
32 buildings owned or leased by Idaho state government, a county or a city.
33 "Operation manuals" are those internal documents of any state government
34 agency, county or city building or jail that define the procedures uti-
35 lized to maintain security within the building or jail. "Plans or codes"
36 relate only to those documents, the release of which could jeopardize the
37 safety of workers in those buildings, or adversely affect the public
38 safety.
39 (c) Records of the commission of pardons and parole shall be exempt from
40 public disclosure pursuant to section 20-213A, Idaho Code, and section
41 20-223, Idaho Code. Records exempt from disclosure shall also include
42 those containing the names, addresses and written statements of victims.
43 (4) Voting records of the sexual offender classification board. In accor-
44 dance with section 18-8315, Idaho Code, the written record of the vote to
45 classify an offender as a violent sexual predator by each board member in each
46 case reviewed by that board member shall be exempt from disclosure to the pub-
47 lic and shall be made available upon request only to the governor, the chair-
48 man of the senate judiciary and rules committee, and the chairman of the house
49 of representatives judiciary, rules and administration committee, for all law-
50 ful purposes.
51 (5) Records of the sheriff or Idaho state police received or maintained
52 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
53 (6) Records of investigations prepared by the department of health and
54 welfare pursuant to its statutory responsibilities dealing with the protection
3
1 of children, the rehabilitation of youth, adoptions and the commitment of men-
2 tally ill persons.
3 (7) Records including, but not limited to, investigative reports, result-
4 ing from investigations conducted into complaints of discrimination made to
5 the Idaho human rights commission unless the public interest in allowing
6 inspection and copying of such records outweighs the legitimate public or pri-
7 vate interest in maintaining confidentiality of such records. A person may
8 inspect and copy documents from an investigative file to which he or she is a
9 named party if such documents are not otherwise prohibited from disclosure by
10 federal law or regulation or state law. The confidentiality of this subsection
11 will no longer apply to any record used in any judicial proceeding brought by
12 a named party to the complaint or investigation, or by the Idaho human rights
13 commission, relating to the complaint of discrimination.
14 (8) Records containing information obtained by the manager of the Idaho
15 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
16 behalf of employers or employees contained in underwriting and claims for ben-
17 efits files.
18 (9) The worker's compensation records of the Idaho industrial commission
19 provided that the industrial commission shall make such records available:
20 (a) To the parties in any worker's compensation claim and to the indus-
21 trial special indemnity fund of the state of Idaho; or
22 (b) To employers and prospective employers subject to the provisions of
23 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
24 limitations, who certify that the information is being requested with
25 respect to a worker to whom the employer has extended an offer of employ-
26 ment and will be used in accordance with the provisions of the Americans
27 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
28 (c) To employers and prospective employers not subject to the provisions
29 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
30 tory limitations, provided the employer presents a written authorization
31 from the person to whom the records pertain; or
32 (d) To others who demonstrate that the public interest in allowing
33 inspection and copying of such records outweighs the public or private
34 interest in maintaining the confidentiality of such records, as determined
35 by a civil court of competent jurisdiction.
36 (10) Records of investigations compiled by the commission on aging involv-
37 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
38 be abused, neglected or exploited.
39 (11) Criminal history records and fingerprints, as defined by section
40 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
41 shall be released only in accordance with chapter 30, title 67, Idaho Code.
42 (12) Records of the Idaho industrial commission relating to the adminis-
43 tration of the crime victims compensation act except as may be provided in
44 section 72-1007, Idaho Code.
STATEMENT OF PURPOSE
RS 10730
Section 1 of this proposal will amend Section 72-1007, Idaho
Code, to clarify the purposes for which records maintained by the
Industrial Commission under the Crime Vidtims Compensation Act
may be disclosed.
Section 2 is a conforming amendment to Section 9-3403, Idaho Code,
exempting the records maintained by the Industrial Commission
under the Crime Victims Compensation Act from disclosure under the
Public Records Act. This exemption will help protect the privacy
rights of crime victims as guaranteed by Section 22, Article I of
the Idaho Constitution by preventing the disclosure of information
related to the victimization, medical treatment, or mental health
treatment of victims except as provided by Section 72-1007, Idaho
Code.
FISCAL IMPACT
These amendments will have no fiscal impact on the general fund or
other governmental funds.
CONTACT
Name: Gary Stivers, Director
Agency: Idaho Industrial Commission
Phone: 334-6050
Statement of Purpose/Fiscal Impact S 1045