SB 235 — Crimes and offenses, juveniles, prohibit release confidential information

SB235 INTRODUCEDENROLLED SB235 MNMSWHH-1MNMSWHH-2 By Senator Barfoot RFD:

19-Mar-24 Page 0 MNMSWHH-1SB235 03/18/2024Enrolled CNBEnrolled, (L)An CNBAct, 2024-11263 2Relating 4to SYNOPSIS:juveniles;

Under existing law, law enforcement records of children in criminal proceedings are not public records and may not be published except in certain circumstances.

Also, under existing law, it is unlawful to directly or indirectly disclose, make use of, or knowingly permit the use of certain law enforcement records of a child charged with a criminal offense.

This bill would make it unlawful for a person to knowingly disclose, make use of, or permit the use of certain law enforcement records of a child charged with a criminal offense.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:

it comes within one of a number of specified exceptions;

it is approved by the affected entity;

or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds Page 1 SB235 INTRODUCED within the meaning of the section.

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the section.

A BILL TO BE ENTITLED AN ACT Relating to juveniles;

Unless a charge of delinquency is transferred for criminal Page 2 SB235 INTRODUCED prosecution pursuant to Section 12-15-203 or the juvenile court otherwise orders in the interests of the child, of public safety, or of national security, the law enforcement records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public.

(b) Law enforcement records and files described in subsections (a) and (f) shall be open to inspection and Page 1 SB235 Enrolled copying by the following:

(5) The probation and other professional staff serving Page 3 SB235 INTRODUCED a court handling criminal cases when investigating or considering youthful offender applications.

(7) The principal of the school in which the child is enrolled, or the representative of the principal, upon written petition to the juvenile court setting forth the reasons why Page 2 SB235 Enrolled the safety or welfare, or both, of the school, its students, or personnel necessitate production of the information and 95 without which the safety and welfare of the school, its students, and personnel would be threatened.

(e) Nothing in this section shall be construed to prohibit or otherwise limit counsel from disclosing Page 4 SB235 INTRODUCED confidential law enforcement records relating to a client as needed to investigate the case of the client or prepare a defense for that client, provided that the disclosure is in furtherance of counsel's representation of the party.

(f) Except for use in legal proceedings, photographs, likeness, and personal identifying information contained in law enforcement records of a person charged pursuant to Section 12-15-204 are not public records and may not be Page 3 SB235 Enrolled published in any printed or electronic media nor open to public inspection, prior to conviction, unless a hearing has been held pursuant to Section 15-13-3, there has been a probable cause determination by a district or circuit court judge, an indictment has been issued by a grand jury, or the district court or circuit court with jurisdiction over the case orders the records be released in the interest of the person charged, in the interest of public safety, or in the interest of national security.

(g) Except as provided in this section, any person who 95 directly or indirectly knowingly discloses, makes use of, or knowingly permits the use of information described in this section that identifies a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, upon conviction, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.

(h) Nothing in this section shall be construed to prohibit or otherwise limit a prosecuting authority from disclosing confidential law enforcement records relating to a defendant as needed to investigate or prosecute the case, Page 5 SB235 INTRODUCED provided that the disclosure is in furtherance of or related to the investigation or prosecution." Section 2.

Page 4 SB235 Enrolled Section 3.

Page 65 SB235 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB235 Senate 16-Apr-24 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Passed:

02-May-24 By:

Senator Barfoot Page 6