Substitute Senate Bill No. 1436 introduces significant changes to the legal framework surrounding law enforcement records and accountability. It establishes a new class D felony for individuals who intentionally provide false information in law enforcement records, which are defined as any information related to incarceration or crime investigations maintained by law enforcement or the Department of Correction. The bill also amends existing statutes to allow for the cancellation or revocation of police officers' and law enforcement instructors' certificates if they are found to have made false statements. Additionally, it expands reporting requirements for law enforcement units, mandating that the chief law enforcement officer report any violations related to excessive force, failure to intervene, and misconduct affecting the truthfulness of certificate holders.
Moreover, the bill modifies the Freedom of Information Act (FOIA) by repealing and replacing certain provisions to clarify exemptions for records compiled during criminal investigations, particularly those that could jeopardize the safety of informants, witnesses, or victims. It also establishes that records related to security and operational procedures at correctional institutions are exempt from public disclosure if their release poses a safety risk, although they must be made available to law enforcement agencies upon request. The bill further protects records of formal complaints against police officers until they have been investigated and adjudicated, ensuring the integrity of the investigative process. These changes are set to take effect on October 1, 2025.