Legislature(1993 - 1994)

03/12/1994 10:05 AM FIN

Audio Topic
* first hearing in first committee of referral
+ 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                 
  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                 
  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                 
  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                 

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