Senate Bill 2908

AN ACT TO AMEND SECTIONS 25-1-102, 45-29-1 AND 45-29-3, MISSISSIPPI CODE OF 1972, TO LIMIT THE OPEN RECORDS EXEMPTION FOR PROSECUTION AND INVESTIGATIVE FILES TO OPEN INVESTIGATIONS AND PENDING CASES, BUT TO ALLOW PUBLIC ACCESS ONCE A CASE IS FINALLY CLOSED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-1-102, Mississippi Code of 1972, is amended as follows:

25-1-102. Records in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which represent and constitute the work product of any attorney, district attorney or county prosecuting attorney representing a public body and which are related to litigation made by or against such public body, or in anticipation of prospective litigation, including all communications between such attorney made in the course of an attorney-client relationship, shall be exempt from the provisions of the Mississippi Public Records Act of 1983; this exemption shall no longer apply at such time as a person who is the subject of a prosecution has been convicted and the time for all appeals has expired.

SECTION 2. 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 the 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 the 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 * * * by * * * Section 25-61-13(2), the public body may delete or separate from the records the identity of confidential informants or the identity of the person or persons under investigation.

(3) Nothing in this section shall be construed to prevent the release of records covered by this section relating to the prosecution of a crime at such time as the person who is the subject of the prosecution has been convicted and the time for all appeals has expired.

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

45-29-3. (1) 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 * * * 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.

(2) Nothing in this section shall be construed to prevent the release of records covered by this section relating to the prosecution of a crime at such time as the person who is the subject of the prosecution has been convicted and the time for all appeals has expired.

SECTION 4. This act shall take effect and be in force from and after July 1, 2006.