SB0572112th GA (Historical)Introduced

Amends TCA Title 10, Chapter 7, Part 5.

Present law classifies as confidential certain documents, records, and information that might otherwise be considered public records. This bill adds the following information as confidential information, notwithstanding any other law to the contrary: personal identifying information compiled by and in the possession of municipal and county law enforcement agencies and detention facilities concerning any person who has been arrested or charged, but not convicted, of any offense. This provision will not apply to any person who is arrested or charged for a parole or probation violation during the term of a suspended or deferred sentence. "Personal identifying information" means the home street address excluding city or zip code, personal telephone number, video, and social security number. ON MAY 4, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 910, AS AMENDED. AMENDMENT #1 specifies that the street address of a reported crime will not be confidential. This amendment also: (1) Adds that this bill does not prohibit the disclosure of personal information that is used to populate and maintain the statewide automated victim information and notification system; (2) Removes "video" from the definition of personal identifying information; and (3) Revises the present law provision regarding confidentiality of personally identifying information in motor vehicle accident reports. Under present law, personally identifying information of any person named in any motor vehicle accident report is confidential and not open for public inspection, except in certain circumstances. One such exception is when, upon written request, a person named in any motor vehicle accident report, or such person's agent, legal representative, or attorney, certifying that the person has permission from the person, persons, or entities authorized to obtain motor vehicle records information is authorized to receive an accident report containing personally identifying information of persons involved in the accident. This amendment adds authorization for property owners named in the report and owners of real property listed in the report to obtain a vehicle accident report. ON MAY 4, 2021, THE SENATE SUBSTITUTED HOUSE BILL 910 FOR SENATE BILL 572, ADOPTED AMENDMENTS # 1 AND 2, AND PASSED HOUSE BILL 910, AS AMENDED. AMENDMENT #1 replaces the provisions described in (3) of the Summary for House Amendment #1 and changes present law concerning the release of an accident report to specify that when an attorney is the person making the written request for the report, the attorney must certify that that the attorney has permission from the person named in the report. AMENDMENT #2 creates and exception to the provision of this bill that makes personal identifying information compiled by and in the possession of municipal and county law enforcement agencies and detention facilities concerning any person who has been arrested or charged, but not convicted, of any offense confidential. Under the exception, this provision will not apply to a consumer reporting agency when compiling a consumer report. This amendment also removes the change made by Senate Amendment #1 and restores the provisions described in (3) of the Summary for House Amendment #1.

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Overview

Present law classifies as confidential certain documents, records, and information that might otherwise be considered public records. This bill adds the following information as confidential information, notwithstanding any other law to the contrary: personal identifying information compiled by and in the possession of municipal and county law enforcement agencies and detention facilities concerning any person who has been arrested or charged, but not convicted, of any offense. This provision will not apply to any person who is arrested or charged for a parole or probation violation during the term of a suspended or deferred sentence. "Personal identifying information" means the home street address excluding city or zip code, personal telephone number, video, and social security number. ON MAY 4, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 910, AS AMENDED. AMENDMENT #1 specifies that the street address of a reported crime will not be confidential. This amendment also: (1) Adds that this bill does not prohibit the disclosure of personal information that is used to populate and maintain the statewide automated victim information and notification system; (2) Removes "video" from the definition of personal identifying information; and (3) Revises the present law provision regarding confidentiality of personally identifying information in motor vehicle accident reports. Under present law, personally identifying information of any person named in any motor vehicle accident report is confidential and not open for public inspection, except in certain circumstances. One such exception is when, upon written request, a person named in any motor vehicle accident report, or such person's agent, legal representative, or attorney, certifying that the person has permission from the person, persons, or entities authorized to obtain motor vehicle records information is authorized to receive an accident report containing personally identifying information of persons involved in the accident. This amendment adds authorization for property owners named in the report and owners of real property listed in the report to obtain a vehicle accident report. ON MAY 4, 2021, THE SENATE SUBSTITUTED HOUSE BILL 910 FOR SENATE BILL 572, ADOPTED AMENDMENTS # 1 AND 2, AND PASSED HOUSE BILL 910, AS AMENDED. AMENDMENT #1 replaces the provisions described in (3) of the Summary for House Amendment #1 and changes present law concerning the release of an accident report to specify that when an attorney is the person making the written request for the report, the attorney must certify that that the attorney has permission from the person named in the report. AMENDMENT #2 creates and exception to the provision of this bill that makes personal identifying information compiled by and in the possession of municipal and county law enforcement agencies and detention facilities concerning any person who has been arrested or charged, but not convicted, of any offense confidential. Under the exception, this provision will not apply to a consumer reporting agency when compiling a consumer report. This amendment also removes the change made by Senate Amendment #1 and restores the provisions described in (3) of the Summary for House Amendment #1.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 8, 2021

Subjects
389537902715

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