HB 734

Abstract

Virginia Freedom of Information Act; disclosure of certain criminal records. Provides that (i) criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act, though they may be disclosed by the custodian of such records to certain individuals except as otherwise provided in the bill, and (ii) with the exception of disclosure to an attorney representing a petitioner or inspection by an attorney or a person proceeding pro se in a petition for a writ of habeas corpus or writ of actual innocence or any other federal or state post-conviction proceeding or pardon, no criminal investigative file or portion thereof shall be disclosed to any requester except (a) the victim; (b) the victim's immediate family members, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation; or (c) the victim's parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, unless the public body has made reasonable efforts to notify any such individual of the request for such information. Upon receipt of notice that a public body has received a request for criminal investigative files, such persons shall have 14 days to file in an appropriate court for an injunction to prevent disclosure of the records and the time period within which the public body has to respond to the underlying request shall be tolled pending the notification process and any subsequent disposition by the court. The bill requires the court to consider certain information in making its determination and provides that a public body shall be prohibited from responding to the request until at least 14 days have passed from the time notice was received by any such individual listed in clauses (a), (b), or (c) and shall not disclose any criminal investigative files if the court awards an injunction. This bill incorporates HB 890.

Virginia Freedom of Information Act; disclosure of certain criminal records. Provides that (i) criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory dislosure provisions of the Virginia Freedom of Information Act, but may be disclosed by the custodian of such records to certain individuals except as otherwise provided in the bill, and (ii) no criminal investigative file or portion thereof shall be disclosed to any requester except (a) the victim; (b) members of the victim's immediate family, if the victim is deceased; (c) the victim's parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding; or (d) an attorney representing a petitioner in a petition for a writ of actual innocence, unless the public body has notified any such individual of the request for such information. Upon notification of a request, such persons may file a petition in an appropriate court for an injunction to prevent disclosure of the records. The bill requires the court to consider certain information in making its determination and provides that a public body shall be prohibited from disclosing criminal investigative files if the court awards an injunction.

Virginia Freedom of Information Act; disclosureof certain criminal records. Provides that no criminal investigativefile or portion thereof shall be disclosed to any requester except(i) the victim, (ii) members of the victim's immediate family, ifthe victim is deceased, or (iii) the victim's parent or guardian,if the victim is a minor, unless the public body has notified anysuch individual of the request for such information. Upon notificationof a request, such persons may file a petition in an appropriate court for an injunction to prevent disclosure of the records. Thebill requires the court to consider certain information in makingits determination and provides that a public body shall be prohibitedfrom disclosing criminal investigative files if the court awardsan injunction.