Records, Data, Evidence, and DNA Bills
Passed:
We testified regarding HB 213 Crime Victim Records Amendments and pushed for a committee amendment that changed the language from the office “may” to the office “shall” provide a nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender. We later encouraged an amendment, which all parties agreed to, which stated that the office shall provide the information only in the event that a restitution hearing is requested. This version passed.
SB 231 Public Surveillance Prohibition Amendments passed, prohibiting a governmental entity from obtaining biometric surveillance information without a warrant. We narrowly tailored language with Libertas to describe and define situations where a warrant would not be needed.
S.B. 233 Medical Cannabis Amendments passed, removing two third degree felony offenses relating to obtaining and releasing information in the state electronic verification system and creating a class B misdemeanor offense for police officers who use the database to access information in the electronic verification system for a reason that is not the administration of criminal justice.
Failed:
HB 304 Alcohol Control Amendments would have allowed an individual to obtain a DUI investigative report if the individual suffered loss or injury as a result of the defendant's actions. It also would have prohibited the expungement of a felony DUI conviction even if the court enters a judgment for conviction to a lower degree of offense. This bill was never heard in committee.
SB 124 Government Records Modifications failed to pass. This bill sought to modify a provision relating to fees a governmental entity may charge for providing a record. It also provided that a governmental entity is not prevented from utilizing a third party to assist in or perform activities that the governmental entity's staff would otherwise perform in responding to a record request.