Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 8864

   
 

*SB0114908864SDO*

Offered by:

 

SEN. WILLIAMS, 29th Dist.

REP. SHARKEY, 88th Dist.

SEN. LOONEY, 11th Dist.

REP. ARESIMOWICZ, 30th Dist.

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

SEN. FASANO, 34th Dist.

REP. FOX, 146th Dist.

REP. BOLINSKY, 106th Dist.

REP. CARTER, 2nd Dist.

REP. HOVEY, 112th Dist.

REP. ARCE, 4th Dist.

REP. AYALA, 128th Dist.

REP. BUTLER, 72nd Dist.

REP. CANDELARIA, 95th Dist.

REP. CLEMONS, 124th Dist.

REP. CUEVAS, 75th Dist.

REP. GONZALEZ, 3rd Dist.

REP. HEWETT, 39th Dist.

REP. HOLDER-WINFIELD, 94th Dist.

REP. MCCRORY, 7th Dist.

REP. MCGEE, 5th Dist.

REP. MILLER P. , 145th Dist.

REP. MORRIS, 140th Dist.

REP. ROJAS, 9th Dist.

REP. SANCHEZ, 25th Dist.

REP. SANTIAGO, 130th Dist.

REP. SANTIAGO, 84th Dist.

REP. STALLWORTH, 126th Dist.

REP. VARGAS, 6th Dist.

REP. WALKER, 93rd Dist.

REP. LESSER, 100th Dist.

REP. ABERCROMBIE, 83rd Dist.

REP. ALBIS, 99th Dist.

REP. ALEXANDER, 58th Dist.

SEN. AYALA, 23rd Dist.

REP. BARAM, 15th Dist.

SEN. BARTOLOMEO, 13th Dist.

REP. BERGER, 73rd Dist.

SEN. BOUCHER, 26th Dist.

REP. BOWLES, 42nd Dist.

REP. CAMILLO, 151st Dist.

SEN. CASSANO, 4th Dist.

SEN. COLEMAN, 2nd Dist.

REP. COOK, 65th Dist.

SEN. CRISCO, 17th Dist.

REP. D'AMELIO, 71st Dist.

REP. DAVIS P. , 117th Dist.

REP. DILLON, 92nd Dist.

REP. DIMINICO, 13th Dist.

SEN. DUFF, 25th Dist.

REP. ESPOSITO, 116th Dist.

REP. FLEXER, 44th Dist.

REP. FLOREN, 149th Dist.

SEN. FONFARA, 1st Dist.

REP. FOX, 148th Dist.

SEN. FRANTZ, 36th Dist.

REP. FREY, 111th Dist.

REP. GENTILE, 104th Dist.

SEN. GERRATANA, 6th Dist.

REP. GUERRERA, 29th Dist.

SEN. GUGLIELMO, 35th Dist.

REP. HADDAD, 54th Dist.

REP. HAMPTON, 16th Dist.

SEN. HARP, 10th Dist.

REP. HENNESSY, 127th Dist.

REP. HOYDICK, 120th Dist.

SEN. KANE, 32nd Dist.

SEN. KELLY, 21st Dist.

REP. KINER, 59th Dist.

SEN. KISSEL, 7th Dist.

REP. KLARIDES, 114th Dist.

REP. KUPCHICK, 132nd Dist.

REP. LARSON, 11th Dist.

SEN. LINARES, 33rd Dist.

REP. LOPES, 24th Dist.

SEN. MAYNARD, 18th Dist.

SEN. MCLACHLAN, 24th Dist.

REP. MEGNA, 97th Dist.

REP. MILLER L. , 122nd Dist.

REP. MILLER, 36th Dist.

REP. MORIN, 28th Dist.

REP. MOUKAWSHER, 40th Dist.

REP. NAFIS, 27th Dist.

REP. NICASTRO, 79th Dist.

REP. NOUJAIM, 74th Dist.

REP. O'DEA, 125th Dist.

REP. O'NEILL, 69th Dist.

REP. ORANGE, 48th Dist.

REP. PERILLO, 113th Dist.

REP. RILEY, 46th Dist.

REP. RITTER M. , 1st Dist.

REP. LEMAR, 96th Dist.

REP. RYAN, 139th Dist.

REP. SAWYER, 55th Dist.

REP. SCRIBNER, 107th Dist.

REP. SERRA, 33rd Dist.

SEN. SLOSSBERG, 14th Dist.

REP. SRINIVASAN, 31st Dist.

SEN. STILLMAN, 20th Dist.

REP. TONG, 147th Dist.

REP. VICINO, 35th Dist.

REP. WALKO, 150th Dist.

REP. WILLIAMS, 68th Dist.

REP. WILLIS, 64th Dist.

SEN. WITKOS, 8th Dist.

REP. WOOD, 141st Dist.

REP. WRIGHT C. , 77th Dist.

REP. WRIGHT E. , 41st Dist.

REP. YACCARINO, 87th Dist.

REP. ZONI, 81st Dist.

To: Subst. Senate Bill No. 1149

File No. 616

Cal. No. 448

"AN ACT MAKING TECHNICAL CHANGES TO THE STATUTE CONCERNING ACCESS TO PUBLIC RECORDS. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subdivision (3) of subsection (b) of section 1-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date):

(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, (C) signed statements of witnesses, [(C)] (D) information to be used in a prospective law enforcement action if prejudicial to such action, [(D)] (E) investigatory techniques not otherwise known to the general public, [(E)] (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, [(F)] (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 [(G)] (H) uncorroborated allegations subject to destruction pursuant to section 1-216;

Sec. 2. Subsection (b) of section 1-210 of the general statutes is amended by adding subdivision (27) as follows (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date):

(NEW) (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 victim of a homicide, to the extent that 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.

Sec. 3. (NEW) (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date) Notwithstanding any provision of the general statutes or any special act, a law enforcement agency shall not be required to disclose that portion of an audio tape or other recording where the individual speaking on the recording describes the condition of a victim of homicide, except for a recording that consists of an emergency 9-1-1 call or other call for assistance made by a member of the public to a law enforcement agency. This section shall apply to any request for such audio tape or other recording made on or before May 7, 2014.

Sec. 4. (Effective from passage) (a) There is established a task force to consider and make recommendations regarding the balance between victim privacy under the Freedom of Information Act and the public's right to know.

(b) The task force shall consist of the following members:

(1) The executive director of the Freedom of Information Commission;

(2) A person appointed by the Connecticut Council of Freedom of Information;

(3) The Chief State's Attorney;

(4) The Chief Public Defender;

(5) The Victim Advocate;

(6) The Commissioner of Emergency Services and Public Protection;

(7) Two persons appointed by the Governor, one of whom shall represent a crime victim advocacy organization, and one of whom shall be a representative of municipal law enforcement;

(8) A professor of constitutional law who is recommended jointly by the deans of the schools of law of Yale, Quinnipiac University and The University of Connecticut;

(9) Four persons appointed by the Connecticut Society of Professional Journalists, one each representing television, radio, print and electronic media;

(10) The president pro tempore of the Senate, or a member of the General Assembly designated by the president pro tempore;

(11) The speaker of the House of Representatives, or a member of the Black and Puerto Rican Caucus of the General Assembly designated by the speaker;

(12) The minority leader of the Senate, or a member of the General Assembly designated by said minority leader; and

(13) The minority leader of the House of Representatives, or a member of the General Assembly designated by said minority leader.

(c) All appointments to the task force shall be made not later than July 1, 2013. Any vacancy shall be filled by the appointing authority.

(d) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the two chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than August 1, 2013, and additional meetings at least monthly thereafter through December 2013.

(e) Not later than January 1, 2014, the task force shall submit a report on its findings and recommendations to the majority and minority leadership of the Connecticut General Assembly. The task force shall terminate on the date that it submits such report or January 1, 2014, whichever is later. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date

1-210(b)(3)

Sec. 2

from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date

1-210(b)

Sec. 3

from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date

New section

Sec. 4

from passage

New section