GOVERNMENTAL ENTITIES AND OFFICIALS This bill requires each state and local governmental entity and official to maintain the following information relative to the operational enforcement of federal and state immigration laws as confidential, and such information is not subject to public inspection:  The name, contact information, address, and other personal identifying information of each federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state.  Information related to specific future immigration enforcement operational activities, such as the date and time, location, logistics, or strategies of such activities. The requirements above preempt any policy, procedure, or rule of a state or local governmental entity or official in conflict with such requirements. This bill clarifies that the requirements above, as well as other requirements in present law relative to enforcement of federal immigration laws, apply to a mayor of a county, incorporated city, or town, and metropolitan government. However, the above requirements do not (i) apply to information that is public pursuant to federal law or a court order, or (ii) prohibit federal, state, and local law enforcement agencies and officers from sharing information necessary to facilitate the enforcement of federal and state immigration laws. This bill provides that an official who, acting with criminal negligence, releases information in violation of this bill commits a Class E felony and could be subject to ouster. Additionally, this bill does not preclude the enforcement of other applicable criminal and civil penalties under federal or state law. OFFICIALS SUBJECT TO REMOVAL Present law provides that every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by certain methods, who commit certain actions forfeit such office and must be ousted from such office. This bill adds to the list of those actions in present law, acting with criminal negligence in the unlawful release of confidential information relative to the operational enforcement of federal and state immigration laws. UNLAWFUL RELEASE OF CERTAIN OFFICIALS INFORMATION Present law requires certain records or information of any state, county, municipal or other public employee or former employee, or applicant to such position, or of any law enforcement officer commissioned by governing boards of public institutions of higher education, in the possession of a governmental entity or any person in its capacity as an employer to be treated as confidential and not be open for inspection by members of the public. This bill adds the name of a law enforcement officer who is designated as working undercover to such list of confidential records or information. Further, this bill provides that any person required by law to treat such information as confidential commits a Class E felony if the person acts with criminal negligence in releasing the information to the public. UNLAWFUL RELEASE OF LAW ENFORCEMENT OFFICERS INFORMATION Present law provides that any person required by law to treat residential information for any state, county, municipal, or other public employee as confidential commits a Class B misdemeanor, punishable only by a fine of $500, if such information pertains to a law enforcement officer or a county corrections officer and the person acts with criminal negligence in releasing the information to the public. This bill removes the limitation of punishment to only a $500 fine. Generally, a Class B misdemeanor conviction may be given a term of imprisonment of not greater than six months, a fine not to exceed $500, or both. However, this bill provides that such offense does not apply if (i) the officer whose information is treated as confidential expressly authorizes the release of such information; or (ii) the information is released pursuant to court order. UNLAWFUL RELEASE OF LAW ENFORCEMENT PERSONNEL INFORMATION Present law provides that all law enforcement personnel information in the possession of any entity or agency in its capacity as an employer, including officers commissioned by governing boards of public institutions of higher education, must be open for inspection, except personal information must be redacted where there is a reason not to disclose as determined by the chief law enforcement officer or the chief law enforcement officer's designee. As used in these provisions, "personal information" includes the officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled. This bill provides that any person required by law to treat such information as confidential commits a Class B misdemeanor if the person acts with criminal negligence in releasing the information to the public. However, if the person knows the information is to be treated as confidential and intentionally releases the information to the public, then the person commits a Class A misdemeanor. If a person acts with criminal negligence in releasing to the public certain information that could be used to identify or to locate an officer designated as working undercover, then the person commits a Class E felony. However, these offenses do not apply if (i) the law enforcement personnel whose information is treated as confidential expressly authorizes the release of such information, or (ii) the information is released pursuant to court order.

Statutes affected:
Introduced: 7-68-102(3), 7-68-102, 8-47-101, 10-7-504(f)(1), 10-7-504, 10-7-504(f)(9), 10-7-504(f)(8), 10-7-504(f)(8)(B)(i), 10-7-504(f)(8)(D), 10-7-504(g)