The bill proposes significant changes to Chapter 38-2 of the General Laws, "Access to Public Records," aiming to balance public record access with individual privacy. It redefines "agency" to include police departments at private higher education institutions and revises "public record" to exclude certain emails of elected officials, medical records, and information protected by healthcare confidentiality laws, while including records under attorney-client privilege. The bill clarifies that personnel records and other sensitive information are not public records if disclosure would be an unwarranted invasion of privacy, but pension records of public retirement system members are open for inspection. It also specifies that certain law enforcement records are not public if they could compromise investigations or endanger individuals, but a police report not leading to an arrest is not exempt from disclosure. Additionally, the bill requires final reports of internal affairs investigations to be public, mandates the disclosure of police body-worn camera recordings, particularly in use-of-force incidents, within 30 days, and outlines procedures for redacting and withholding records, including citing legal reasons for non-disclosure.
The bill also addresses the procedures and costs associated with accessing public records. It mandates that documents presented at public meetings are public and requires public bodies to establish and post written procedures for record requests. The bill extends response times for voluminous requests or when the public body is acting in good faith and prohibits withholding records based on the requester's purpose. It reduces the maximum charge for copied pages and increases the free search and retrieval time, while also allowing for fee reductions or waivers if the information is in the public interest. The bill increases civil fines for violations, allows for compensatory and punitive damages, and requires settlement agreements involving governmental entities to be public records. It also mandates the attorney general to report on complaints and publish findings and opinions. Lastly, the bill modifies the conditions under which emergency service calls can be released to third parties and increases the timeframe for making arrest logs public, with the act taking effect upon passage.
Statutes affected: 2256: 39-21.1-17