Legislature(1993 - 1994)
03/12/1994 10:05 AM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 276
An Act relating to criminal justice information;
providing procedural requirements for obtaining certain
criminal justice information; and providing for an
effective date.
Co-chair Pearce directed that SB 276 be brought on for
discussion. Senator Rieger explained that the bill deals
with disclosure of criminal justice information. Section 1
sets forth the following intent:
It is the intent of the legislature that the department
administer the provisions of this chapter in a manner
that protects victims of crime, allows the proper
administration of justice, and avoids vigilantism.
The bill seeks to allow appropriate disclosure of
information for proper purposes but would not allow
disclosure to those who merely intend to engage in
harassment.
Directing attention to page 2, line 17, Senator Rieger
attested to a prior requirement that the board meet every
six months, plus as often as necessary. Subsection (c)
provides shorter and cleaner language stating that the board
shall meet at lease once every six months. An earlier
requirement for an annual report was removed from the bill.
Senator Rieger next referenced page 8, line 15, and noted
addition of the word "specifically" to language relating to
provision of information for enforcement of or for a purpose
"specifically authorized by state or federal law." Earlier
language referred to local, state, or federal law. New
language deletes the local reference.
Provisions dealing with release of information to the
governor or to legislators have been removed. Information
would no longer be provided to legislators simply because of
their legislative status. Senator Kerttula asked if the
judiciary committee would be able to obtain the information.
Senator Rieger noted ability to access information for
public purposes per subsections (6) and (7) at page 8.
New language at page 8, lines 24 and 25, parallels an
earlier floor amendment on HB 69. It provides that:
(8) current offender information may be provided to a
person for any purpose, except that information may not
be released if the release of the information would
unreasonably compromise the privacy of a minor or
vulnerable adult.
The intent is to protect both minors and adult victims.
Senator Rieger next directed attention to addition of a
definition for "complete" as set forth on page 12, lines 18
through 20. "And entered within 90 days" was added to make
the intent of the definition clear.
At page 15, line 6, the words "employed, appointed, or
permitted person" were added to make a distinction between
the person requesting the information and the person seeking
employment.
Senator Rieger then MOVED for adoption of the work draft (8-
GS2005\K, Luckhaupt, 3/11/94) committee substitute for SB
276. Senate Kerttula stressed that both House and Senate
Judiciary Committees should have access to criminal justice
information. No objection having been raised, CSSB 276
(Fin), "K" version, was ADOPTED.
Senator Rieger next directed attention to Amendment No. 1
and Amendment No. 2, both of which were requested by the
Dept. of Law. DEAN GUANELI, Assistant Attorney General,
Dept. of Law, came before committee. He explained that
Amendment No. 1 constitute a transitional section needed to
repeal a number of existing statutes (all or portions of
which are incorporated in new statutes) but maintain current
regulations and fee schedules until new regulations can be
adopted for the statutory updates. Senator Rieger MOVED for
adoption of Amendment No. 1. No objection having been
raised, Amendment No. 1 was ADOPTED.
Mr. Guaneli next spoke to need for Amendment No. 2. He
explained that under the original version of the bill,
mandatory fingerprinting requirements were intended to apply
to adults or juveniles charged as adults. They were not to
apply to juvenile delinquents. Language limiting
application was dropped out of the bill. Amendment No. 2
should be incorporated within CSSB 276 (Fin) "K" at page 12,
line 9. Senator Rieger MOVED for adoption of Amendment No.
2. No objection having been raised, Amendment No. 2 was
ADOPTED.
Senator Sharp directed attention to page 8, line 20, and
voiced need to provide legislative judiciary committees
access to criminal justice information. He then proposed to
add "including legislative judiciary committees" between the
words "research" and "subject." Co-chair Pearce questioned
whether access should be limited to judiciary committees and
suggested that language should perhaps refer to standing or
special committees of the legislature. Discussion followed
among members concerning the scope of access and which
subsection legislative access would properly fall within.
Senator Sharp voiced need to incorporate legislative access
within generic research provisions. Co-chair Pearce queried
members regarding support for legislative access. Senator
Kerttula cautioned against restricting the legislature from
"being a full and equal branch of government." He suggested
that legislative access be restricted but not precluded.
Co-chair Pearce remarked that if access is too restricted, a
single chairman might be able to "thwart the will of the
body in getting to information." Mr. Guaneli suggested that
access be structured similar to legislative subpoena power.
He advised he would undertake development of appropriate
language, if the committee wished him to do so. Senator
Kelly concurred in need for a deliberative process
associated with access. Co-chair Pearce directed that
Senators Kelly and Sharp work with Mr. Guaneli on
development of language for committee review at the next
meeting.
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