Senate Bill 2943

AN ACT TO AMEND SECTIONS 45-29-1 AND 45-29-3, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION OF THE OPEN RECORDS ACT TO CERTAIN ARREST RECORDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 45-29-1, Mississippi Code of 1972, is amended as follows:

45-29-1. (1) Records in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are not otherwise protected by law, that (i) are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm such investigation; (ii) would reveal the identity of informants; (iii) would prematurely release information that would impede the public body's enforcement, investigative or detection efforts in such proceedings; (iv) would disclose investigatory techniques; (v) would deprive a person of a right to a fair trial or an impartial adjudication; (vi) would endanger the life or safety of a public official or law enforcement personnel; or (vii) are matters pertaining to quality control or PEER review activities, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(2) Nothing in this section shall be construed to prevent any and all public bodies from having among themselves a free flow of information for the purpose of achieving a coordinated and effective detection and investigation of unlawful activity. Where the confidentiality of records covered by this section is being determined in a private hearing before a judge as provided for by subsection (2) of Section 25-61-13, the public body may delete or separate from such records the identity of confidential informants or the identity of the person or persons under investigation.

(3) Notwithstanding the provisions of subsections (1) and (2), the following information related to the arrest of an individual shall not be exempt from the Public Records Act: the name of the individual charged; the date of the offense or charge; and the facts supporting the charge.

SECTION 2. Section 45-29-3, Mississippi Code of 1972, is amended as follows:

45-29-3. The following records shall be exempt from the provisions of the Mississippi Public Records Law of 1983:

(a) Records which are in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, that performs as one of its principal functions activities pertaining to the enforcement of criminal laws, the apprehension of criminal offenders or the investigation of criminal offenders and/or criminal activities, and which records consist of information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; and

(b) Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board.

(c) Notwithstanding the provisions of paragraphs (a) and (b), the following information related to the arrest of an individual shall not be exempt from the Public Records Act: the name of the individual charged; the date of the offense or charge; and the facts supporting the charge.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.