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Thursday, February 22, 2018

2 Bills Would Amend Criminal Records Provision of FOIA

Last week, two bills were introduced to amend the Freedom of Information Act (FOIA). Both bills would modify section 2.15 of FOIA, the section that deals with arrest reports and criminal history records.

SB 2944 would, if passed, amend FOIA to prohibit the release of a photograph taken in connection with an arrest report under section 2.15 of FOIA unless the individual has been formally charged by indictment, information, or complaint. 

HB 4932 would, if passed, also amend section 2.15 of FOIA to provide that any FOIA request for arrest reports or criminal history records must be submitted to the public body that created the public record. The bill would prohibit a public body from releasing a record that falls under this section if it did not create the record and requires the public body to refer the requester to the public body that did create the record.

Post Authored by Julie Tappendorf


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