SB202 Alabama 2022 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2022

Title

Public writings and public records, confidentiality of law enforcement investigative reports and material, further provided, exceptions, Sec. 12-21-3.1 am'd.

Description

Under existing law, law enforcement investigative reports and related investigative materials are privileged communications excepted from disclosure as public records.

This bill would allow for public access to law enforcement investigative reports and related investigative material created before a criminal investigation begins, or to reports and related material relating to an investigation into a criminal matter that is no longer pending.

This bill would also allow for public access to law enforcement investigative reports and related investigative materials created by third parties, disclosed during criminal discovery, introduced as evidence in criminal or civil proceedings, or disclosed to third parties, except when the next of kin or parents of a victim petition a court to keep audio or visual images of the incident sealed.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 within the meaning of the amendment. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue.

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Subjects

Public Records