SB 1024 — Public Records/Postconviction Reinvestigative Information

Florida Senate - 2020 CS for CS for SB 1024 By the CommitteesCommittee on GovernmentalCriminal OversightJustice; and Accountability;

and CriminalSenator Justice;Bean 591-02752-20 20201024c1 A bill to be entitled An act relating to public records;

and Senator Bean 585-03395-20 20201024c2 A bill to be entitled An act relating to public records;

119.071 General exemptions from inspection or copying of public records.— (2) AGENCY INVESTIGATIONS.— (q)1. As used in this paragraph, the term “postconviction reinvestigative information” means information compiled by a state attorney,attorney or any other criminal justice agency at the request of the state attorney,attorney for the purpose of making an evidence-basedevidence based determination as to whether an identifiable person, identifiable persons, or a persongroup of identifiable persons is innocent of athe crime foror whichcrimes hethat he, she, or shethey washave convicted.been convicted of committing.

2. Postconviction reinvestigative information is confidential and exempt from s.

I of the State Constitution ifwhen it is related to an ongoing, good faith investigation of a claim of actual innocence and remains exempt until the claim is no longer capable of further reasonable investigation or the relief sought is granted.

Section 2. The Legislature finds that it is a public necessity that postconviction reinvestigative information be made confidential and exempt from s.

24(a), Article I of the State ConstitutionConstitution. if it is related to an ongoing, good faith investigation of a claim of actual innocence and remains exempt until the claim is no longer capable of further reasonable investigation or the relief sought is granted.

PublicThe releaseLegislature offurther postconvictionfinds reinvestigativethat the information couldcompiled resultby ina thestate disclosureattorney’s ofoffice, sensitiveor information,another suchcriminal asjustice agency upon the identityrequest orof locationa state attorney, for the purpose of making an alternateevidence-based suspect,determination aas witness,to whether an identifiable person or othergroup evidenceof neededpersons tois exonerateinnocent aof wrongfullythe convictedcrime person,or whichcrimes couldthat compromisehe, theshe, reinvestigationor ofthey ahave wrongfullybeen convicted person’sof case.committing be made confidential and exempt from s.

The119.07(1), LegislatureFlorida furtherStatutes, findsand thats. it is necessary to protect this information in order to encourage witnesses, who might otherwise be reluctant to come forward, to be forthcoming with evidence of a crime.

It24(a), isArticle inI the interest of pursuing justice for persons who may have been wrongfully convicted that all postconviction reinvestigative information be protected until investigation of the claimState ofConstitution. actual innocence is concluded.

The Legislature findsrecognizes that the harm that may result from the release of such information outweighs any public benefit that may be derived from its disclosure, and it is in the interest of the public interest to safeguard, preserve, and protect information relatingrelated to a claim of actual innocence by a person who may have been convicted of a crime heor crimes that he, she, or shethey did not commit.

It is necessary to protect this information in order to encourage witnesses, who might otherwise be reluctant to come forward, to be forthcoming with evidence of a crime or crimes.

Further, the information compiled during the reinvestigation could reveal the identity of the person or persons who actually committed the crime or crimes which have been identified as the perpetrator or perpetrators.

It is in the interest of the pursuit of justice that all postconviction reinvestigation information be protected until such investigation is concluded.