SENATE AMENDMENT

    Bill No. SB 1108

    Amendment No. 3

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Criminal Justice recommended the following

12  amendment:

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14         Senate Amendment 

15         On page 3, line 4, through page 5, line 13, delete

16  those lines

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18  and insert:

19         Section 3.  Investigations of alleged misconduct by

20  public officials often carry with them high interest by the

21  press and media. The Legislature recognizes that often such an

22  investigation requires the compilation of public records

23  documents from other public entities. Frequently, criminal

24  investigative agencies holding such records receive requests

25  under the public records law for copies of all such records.

26  The disclosure allows confidential aspects of an ongoing

27  criminal investigation to be discerned by the person making

28  the public records request. As a result, the complainant's

29  name is often publicized and the complainant can easily become

30  victim to recrimination from the subject of the complaint.

31  Perceptions of such victimization create a strong disincentive

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                                                  SENATE AMENDMENT

    Bill No. SB 1108

    Amendment No. 3





 1  to report public misconduct. Also, dealing with such requests

 2  diverts criminal investigators from their investigation, since

 3  they have to assist in preparing the investigative agency's

 4  response to the public records request. The Legislature

 5  believes that records in the possession of an originating

 6  agency should always remain public records. Public records or

 7  copies of public records that have been compiled by a criminal

 8  investigative agency as part of an ongoing investigation

 9  should be exempt from public disclosure in order to promote

10  more effective investigative efforts by helping to ensure that

11  elements of the investigation are not made public while the

12  investigation is pending and by assuring that investigators

13  can continue working on the investigation instead of taking

14  time to respond to numerous public records requests. As a

15  public policy, this state should encourage persons to report

16  any allegations of criminal activity by public servants and

17  should foster an atmosphere in which those considering whether

18  to come forward with their concerns are assured that their

19  identities will remain confidential if needed. The Legislature

20  intends that potential complainants be placed on notice that

21  their identities will remain confidential as a means of

22  encouraging reports of wrongdoing. The Legislature intends to

23  exempt information revealing the identity of a confidential

24  informant from public disclosure. The Legislature recognizes

25  that such persons already may be considered confidential

26  informants under the existing law, but believes specifically

27  that listing the persons will serve to assure potential

28  complainants that they are, in fact, confidential informants.

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