Report Title:
Personal Records; Police Departments
Description:
Requires police departments to provide access to statements made by requestor as a complainant in a criminal matter, whether originally made by the requestor in written, auditory, visual, electronic, or other physical form or later reduced to that form.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1396 |
TWENTY-THIRD LEGISLATURE, 2005 |
||
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
relating to PERSONAL RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "personal record" to read as follows:
""Personal record" means any item, collection, or grouping of information about an individual that is maintained by an agency. It includes, but is not limited to, the individual's education, financial, medical, or employment history, [or] items that contain or make reference to the individual's name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph[.], and any statement made by an individual, whether originally made by the individual in written, auditory, visual, electronic, or other physical form or later reduced to that form."
SECTION 2. Section 92F-22, Hawaii Revised Statutes, is amended to read as follows:
"§92F-22 Exemptions and limitations on individual access. (a) An agency is not required by this part to grant an individual access to personal records, or information in such records:
(1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of:
(A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or
(B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision.
(2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality.
(3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process.
(4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual.
(5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege.
(b) Nothing in this section shall be construed to permit an agency that performs as its primary or as a principal function any activity pertaining to the prevention, control, or reduction of crime to deny access to personal records that consist of a statement made by the requestor as a complainant in a criminal matter, whether originally made by the requestor in written, auditory, visual, electronic, or other physical form or later reduced to that form. Where necessary to deny access to information described in subsection (a), the agency shall redact that information from the personal record or segregate the personal record accordingly."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |