General Assembly Raised Bill No. 1436 aims to enhance police accountability and data reporting requirements, introducing a new offense termed "false statement in a law enforcement record," classified as a class D felony. This offense applies when an individual intentionally provides false information in law enforcement records to mislead public servants. The bill also expands the definition of "law enforcement record" to encompass all information related to crime detection or investigation, whether stored physically or electronically. Additionally, it amends existing laws regarding the revocation of police certificates, incorporating false statements in law enforcement records as grounds for cancellation and requiring chief law enforcement officers to report any misconduct that may affect the truthfulness of certificate holders.
The legislation further modifies the Freedom of Information Act (FOIA) by repealing subsection (b) of section 1-210 and replacing it with new criteria that clarify which records are exempt from disclosure, particularly those related to ongoing investigations and sensitive personal information. It mandates that any suspected criminal violations by police officers be reported to the appropriate state's attorney, with the Inspector General tasked to investigate any failures to report. The bill also introduces provisions to protect the confidentiality of formal complaints against police officers until they are fully investigated and adjudicated. These changes are set to take effect on October 1, 2025, and aim to balance public transparency with the protection of sensitive information.