Senate Bill 2406

AN ACT TO AMEND SECTION 25-61-12, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE MISSISSIPPI PUBLIC RECORDS ACT CERTAIN PRIVATE INFORMATION OF ANY FEDERAL OR STATE LAW ENFORCEMENT OFFICER, JUDGE OR DISTRICT ATTORNEY, CONDUCTING AN OPERATION IN THIS STATE; TO REQUIRE A PUBLIC BODY, UPON ONLINE OR WRITTEN REQUEST, TO REDACT FROM ITS RECORDS CERTAIN PRIVATE INFORMATION OF A LAW ENFORCEMENT OFFICER, CRIMINAL INVESTIGATOR, JUDGE OR DISTRICT ATTORNEY, OR THE SPOUSE OR CHILD OF THE LAW ENFORCEMENT OFFICER, CRIMINAL INVESTIGATOR, JUDGE OR DISTRICT ATTORNEY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-61-12, Mississippi Code of 1972, is amended as follows:

25-61-12. (1) (a) The home address, any telephone number of a privately paid account or other private information of any law enforcement officer, criminal investigator, judge or district attorney, or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney, shall be exempt from the Mississippi Public Records Act of 1983. This exemption does not apply to any court transcript or recording if given under oath and not otherwise excluded by law. For purposes of this subsection, the term "law enforcement officer" shall include, but not be limited to, any federal or state law enforcement officer conducting an operation in this state. For purposes of this subsection, the term "judge or district attorney" shall include, but not be limited to, any judge or district attorney conducting an operation in this state.

(b) Upon the online or written request of a law enforcement officer, criminal investigator, judge or district attorney, or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney, a public body shall redact the information described in paragraph (a) of this subsection from its records. Each public body shall make available a request form that allows a law enforcement officer, criminal investigator, judge or district attorney, or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney, to request the redaction of the information described in paragraph (a) of this subsection from the records of the public body.

(2) (a) When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter; however, a law enforcement agency, in its discretion, may choose to make public all or any part of any investigative report.

(b) Nothing in this chapter 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 under Section 25-61-13, the public body may redact or separate from the records the identity of confidential informants or the identity of the person or persons under investigation or other information other than the nature of the incident, time, date and location.

(c) Nothing in this chapter shall be construed to exempt from public disclosure a law enforcement incident report. An incident report shall be a public record. A law enforcement agency may release information in addition to the information contained in the incident report.

(d) Nothing in this chapter shall be construed to require the disclosure of information that would reveal the identity of the victim.

(3) 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, shall be exempt from the provisions of this chapter.

(4) Records of a public hospital board relating to the purchase or sale of medical or other practices or other business operations, and the recruitment of physicians and other health care professionals, shall be exempt from the provisions of this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.