Bill Text: CT SB00388 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Task Force On Victim Privacy And The Public's Right To Know.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-05-05 - File Number 759 [SB00388 Detail]
Download: Connecticut-2014-SB00388-Comm_Sub.html
General Assembly |
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February Session, 2014 |
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AN ACT CONCERNING THE TASK FORCE ON VICTIM PRIVACY AND THE PUBLIC'S RIGHT TO KNOW.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (3) of subsection (b) of section 1-210 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) the identity of [minor] witnesses (i) to a drug offense under chapter 420b, a sexual offense under subdivision (2) of subsection (a) of section 53-21 or part VI of chapter 952 or a crime of violence, (ii) who are under the age of eighteen at the time of witnessing such offense or crime or making a statement to a law enforcement agency concerning such offense or crime, (C) signed statements of witnesses, (D) information to be used in a prospective law enforcement action if prejudicial to such action, (E) investigatory techniques not otherwise known to the general public, (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (G) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or (H) uncorroborated allegations subject to destruction pursuant to section 1-216;
Sec. 2. Subdivision (27) of subsection (b) of section 1-210 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(27) Any record created by a law enforcement agency or other federal, state, or municipal governmental agency consisting of a photograph, film, video or digital or other visual image depicting the body or any portion of the body of a victim of a homicide, to the extent that the disclosure of such record could reasonably be expected to constitute an unwarranted invasion of [the] personal privacy, [of the victim or the victim's surviving family members] provided nothing in this subdivision shall be construed to prohibit the inspection of such a record in accordance with section 3 of this act.
Sec. 3. (NEW) (Effective October 1, 2014) (a) As used in this section, "image" means a record described in subdivision (27) of subsection (b) of section 1-210 of the general statutes, as amended by this act.
(b) A public agency shall permit any person to view an image at the office or place of business of such agency during regular office or business hours.
(c) Whenever a public agency receives a request from any person to copy or receive a copy of any image and the agency reasonably believes that the copying of such image could constitute an unwarranted invasion of personal privacy, the agency shall not provide a copy or permit the copying of the requested image. Failure to comply with a request to copy or receive a copy of records under this section shall constitute a denial for the purposes of section 1-206 of the general statutes.
(d) Whenever a public agency receives a notice of appeal under section 1-206 of the general statutes concerning the public agency's denial of a request to copy or receive a copy of a record under subsection (c) of this section, the public agency shall make a reasonable effort to provide notice of such complaint to the next of kin of the homicide victim who is the subject of such record or the legal representative of such next of kin. Any next of kin of the homicide victim who is the subject of such record, or the legal representative of such next of kin, may intervene as a party in such appeal before the Freedom of Information Commission. The burden of proof in any appeal under this section shall be upon any public agency claiming that the copying of such image could constitute an unwarranted invasion of personal privacy.
(e) Any person who removes, copies or otherwise duplicates an image in violation of this section shall be guilty of a class A misdemeanor and each distinct violation of this section shall constitute a separate offense.
Sec. 4. (Effective from passage) The Legislative Program Review and Investigations Committee shall conduct a study regarding victim privacy and all of its aspects and make recommendations for any necessary legislative changes. On or before January 1, 2015, said committee shall submit its findings and recommendations concerning such study to the joint standing committees of the General Assembly having cognizance of matters relating to government administration and the judiciary.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
1-210(b)(3) |
Sec. 2 |
October 1, 2014 |
1-210(b)(27) |
Sec. 3 |
October 1, 2014 |
New section |
Sec. 4 |
from passage |
New section |
GAE |
Joint Favorable Subst. |