ON MARCH 25, 2024, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 163, AS AMENDED.
AMENDMENT #2 rewrites the bill to make the changes described below to the present law regarding adult protection relevant to confidentiality of information, reports, and proceedings.
Present law requires adult protective services to do the following:
(1) Provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file upon the commencement of a criminal prosecution for alleged conduct involving an elderly or vulnerable adult victim obtained in the course of an investigation. However, the identity of the person who reported the alleged conduct must only be provided pursuant to (2) below and when there is a duty to disclose evidence under the rules of discovery in a criminal prosecution;
(2) Provide to the district attorney general the identity of the person reporting alleged conduct involving an elderly or vulnerable adult victim upon the return of a criminal indictment or presentment arising from the report and pursuant to written request by the district attorney and entry of a protective order preventing further release of the identity of the person reporting for any purpose other than criminal prosecution; and
(3) Provide to the district attorney general, upon request, the names of individuals obtained in the course of an adult protective services investigation that have information relevant to a criminal investigation of alleged conduct involving an elderly or vulnerable adult victim. However, if the name of the person that reported the alleged conduct is included, then the individual must not be identified as the reporter of the alleged conduct.
This bill deletes the provisions above and, instead, requires adult protective services to provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file, including the identity of the person who reported the alleged conduct, upon the commencement of a criminal prosecution for alleged conduct involving an elderly or vulnerable adult victim obtained in the course of an investigation. However, the identity of the person who reported the alleged conduct must remain confidential, must be exempt from other provisions of law, must not be a public record, and must not be disclosed for any other purpose other than criminal investigation or criminal prosecution.
Upon the return of a criminal indictment or presentment arising from a report of alleged conduct involving an elderly or vulnerable adult victim where the identity of the person reporting the conduct has been provided to the district attorney general, this amendment requires the district attorney general to request and the court must enter a protective order preventing further release of the identity of the person reporting for any purpose other than criminal prosecution.

Statutes affected:
Introduced: 39-13-103(b)(3), 39-13-103