Substitute Senate Bill No. 1436 introduces significant changes to the legal framework surrounding law enforcement records and the certification of police officers. The bill establishes a new class D felony for individuals who intentionally provide false information in law enforcement records with the intent to mislead a public servant. This offense carries penalties of up to five years in prison and fines of up to $5,000. Additionally, the bill expands the definition of "law enforcement record" to include information related to incarceration and crime investigations, and it mandates that the chief law enforcement officer report any suspected criminal conduct by certified officers to the appropriate state's attorney. The bill also modifies existing laws to enhance accountability by allowing the Police Officer Standards and Training Council (POST) to revoke certifications for falsifying documents or making false statements.
Moreover, the bill amends the Freedom of Information Act (FOIA) by repealing and replacing certain provisions to clarify exemptions related to law enforcement investigations, particularly those that could compromise safety or privacy. It emphasizes the protection of sensitive information, such as the identities of informants and victims, and establishes criteria for non-disclosure of records related to security procedures at correctional institutions. The bill also ensures that records of formal complaints against police officers remain confidential until investigations are complete. These changes are designed to bolster the integrity of law enforcement practices and are set to take effect on October 1, 2025.