Bill Text: VA HB1719 | 2023 | Regular Session | Prefiled
Bill Title: Virginia Fusion Intelligence Center; release or dissemination of information.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2023-02-07 - Left in Public Safety [HB1719 Detail]
Download: Virginia-2023-HB1719-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §52-48 of the Code of Virginia is amended and reenacted as follows:
§52-48. Confidentiality and immunity from service of process; penalties.
A. Papers, records, documents, reports, materials, databases, or other evidence or information relative to criminal intelligence or any terrorism investigation in the possession of the Virginia Fusion Intelligence Center shall be confidential and shall not be subject to the Virginia Freedom of Information Act (§2.2-3700 et seq.) or the Government Data Collection and Dissemination Practices Act (§2.2-3800 et seq.). Every three years, the Department shall conduct a review of information contained in any database maintained by the Virginia Fusion Intelligence Center. Data that has been determined to not have a nexus to terrorist activity shall be removed from such database. A reasonable suspicion standard shall be applied when determining whether or not information has a nexus to terrorist activity.
After conducting such review of information, the Department shall prepare a report to the Governor and the General Assembly summarizing the activities of the review. Notwithstanding any other provision of law, the reports shall be transmitted directly to the Governor and the General Assembly.
B. No person, having access to information maintained by the Virginia Fusion Intelligence Center, shall be subject to subpoena in a civil action in any court of the Commonwealth to testify concerning a matter of which he has knowledge pursuant to his access to criminal intelligence information maintained by the Virginia Fusion Intelligence Center.
C. No person or agency receiving information from the Virginia Fusion Intelligence Center shall release or disseminate that information without prior authorization from the Virginia Fusion Intelligence Center unless such release or dissemination was made in good faith and in accordance with the provisions of the Fraud and Abuse Whistle Blower Protection Act (§2.2-3009 et seq.).
Any release or dissemination of information from the Virginia Fusion Intelligence Center made in good faith and in accordance with the provisions of the Fraud and Abuse Whistle Blower Protection Act (§2.2-3009 et seq.) is not a violation of this section.
D. Any person who knowingly disseminates information in violation of this section is guilty of a Class 1 misdemeanor. If such unauthorized dissemination results in death or serious bodily injury to another person, such person is guilty of a Class 4 felony.
E. For purposes of this chapter: "Criminal, "criminal
intelligence information" means data that has been
evaluated and determined to be relevant to the identification and criminal
activity of individuals or organizations that are reasonably suspected of
involvement in criminal activity. "Criminal intelligence information" shall does
not include criminal investigative files.
