SB 234 — AN ACT EXEMPTING CERTAIN LAW ENFORCEMENT RECORDS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

Substitute Senate GeneralBill Assembly File No.

207234 FebruaryPublic Session,Act 2024 Substitute Senate Bill No.

23424-56 Senate,AN AprilACT 3,EXEMPTING 2024CERTAIN TheLAW CommitteeENFORCEMENT onRECORDS PublicFROM SafetyDISCLOSURE andUNDER SecurityTHE reportedFREEDOM throughOF SEN.INFORMATION ACT.

GASTON of the 23rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT EXEMPTING CERTAIN LAW ENFORCEMENT RECORDS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of such records would not be in the public interest because it would result in the disclosure of (A) the identity of informants or mandated reporters, as described in subsection (b) of section 17a-101, not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) the identity of minor witnesses, (C) signed or sworn statements of witnesses, (D) information to be used in a prospective law enforcement action if prejudicial to such action, (E) sSB234investigatory /techniques Filenot otherwise known to the general public, (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law Substitute Senate Bill No.

207234 1enforcement sSB234purposes, File(G) No.the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or risk of injury, or impairing of morals under section 53-21 or family violence, as defined in section 46b-38a, or of an attempt thereof, or (H) uncorroborated allegations subject to destruction pursuant to section 1-216;

207 investigatory techniques not otherwise known to the general public, (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (G) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or risk of injury, or impairing of morals under section 53-21 or family violence, as defined in section 46b-38a, or of an attempt thereof, or (H) uncorroborated allegations subject to destruction pursuant to section 1-216;

ThisApproved actMay shall28, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-56 12 Julyof 1,2 2024 1-210(b)(3) Sec.

2 July 1, 2024 1-210(b)(27) PS Joint Favorable Subst.

sSB234 / File No.

207 2 sSB234 File No.

207 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill removes the requirement to sign statements of witnesses and extends certain exemptions from freedom of information requests resulting in no fiscal impact.

The Out Years State Impact:

None Municipal Impact:

None sSB234 / File No.

207 3 sSB234 File No.

207 OLR Bill Analysis sSB 234 AN ACT EXEMPTING CERTAIN LAW ENFORCEMENT RECORDS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

SUMMARY ThisbillexpandstwoexemptionsfromdisclosureundertheFreedom of Information Act (FOIA) that principally apply to certain law enforcement agency records.First,existing law exemptsfromdisclosure under FOIA law enforcement agency records created in detecting or investigating crime that are not otherwise available to the public when disclosure would not be in the public interest because it would reveal, among other things, (1) the identity of certain informants or witnesses or (2) signed witness statements.

The bill expands this exemption to also include (1) the identity of mandated reporters not otherwise known (see BACKGROUND) and (2) sworn witness statements.

The bill also expands a FOIA exemption for certain images where disclosure could constitute an invasion of personal privacy.

Under current law, this exemption applies only to certain images of homicide victims.

Under the bill, the expanded exemption applies to a photograph, film, video, digital image, or other visual image created by a law enforcement or other government agency depicting a domestic or sexual abuse victim, homicide or suicide victim, or deceased victim of an accident.

The exemption applies if disclosure could reasonably be expected to constitute an unwarranted invasion of the victim’s or surviving family members’ personal privacy.

Under existing law, a similar confidentiality requirement applies to body or dashboard camera recordings of an incident scene involving these victims (CGS § 29-6d(g)(2)(B)).

The bill also exempts from disclosure a photograph, film, video, digital image, or other image created by a law enforcement or other government agency of a minor unless disclosure is required by the sSB234 / File No.

207 4 sSB234 File No.

207 state’s body and dashboard camera law.

By law, body and dashboard camera recordings of minors must be disclosed if:

1.

theminor andhisorher parent orguardianconsent to disclosure;

2.

the minor or his or her parent or guardian alleges police misconduct, and the person representing the accused officer in an investigation requests disclosure solely to prepare a defense;

or 3.