Connecticut 2019 Regular Session

Connecticut Senate Bill SB01105 Compare Versions

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4-Senate Bill No. 1105
7+General Assembly Raised Bill No. 1105
8+January Session, 2019
9+LCO No. 6353
510
6-Public Act No. 19-43
11+
12+Referred to Committee on GOVERNMENT
13+ADMINISTRATION AND ELECTIONS
14+
15+
16+Introduced by:
17+(GAE)
18+
719
820
921 AN ACT CONCERNING TH E CONFIDENTIALITY OF LAW
1022 ENFORCEMENT RECORDS CONCERNING VICTIMS O F SEXUAL
1123 ASSAULT AND FAMILY V IOLENCE.
1224 Be it enacted by the Senate and House of Representatives in General
1325 Assembly convened:
1426
15-Section 1. Subsection (b) of section 1-210 of the general statutes is
16-repealed and the following is substituted in lieu thereof (Effective
17-October 1, 2019):
18-(b) Nothing in the Freedom of Information Act shall be construed to
19-require disclosure of:
20-(1) Preliminary drafts or notes provided the public agency has
21-determined that the public interest in withholding such documents
22-clearly outweighs the public interest in disclosure;
23-(2) Personnel or medical files and similar files the disclosure of
24-which would constitute an invasion of personal privacy;
25-(3) Records of law enforcement agencies not otherwise available to
26-the public which records were compiled in connection with the
27-detection or investigation of crime, if the disclosure of [said] such
28-records would not be in the public interest because it would result in
29-the disclosure of (A) the identity of informants not otherwise known or Senate Bill No. 1105
27+Section 1. Subsection (b) of section 1-210 of the general statutes is 1
28+repealed and the following is substituted in lieu thereof (Effective 2
29+October 1, 2019): 3
30+(b) Nothing in the Freedom of Information Act shall be construed to 4
31+require disclosure of: 5
32+(1) Preliminary drafts or notes provided the public agency has 6
33+determined that the public interest in withholding such documents 7
34+clearly outweighs the public interest in disclosure; 8
35+(2) Personnel or medical files and similar files the disclosure of 9
36+which would constitute an invasion of personal privacy; 10
37+(3) Records of law enforcement agencies not otherwise available to 11
38+the public which records were compiled in connection with the 12 Raised Bill No. 1105
3039
31-Public Act No. 19-43 2 of 9
3240
33-the identity of witnesses not otherwise known whose safety would be
34-endangered or who would be subject to threat or intimidation if their
35-identity was made known, (B) the identity of minor witnesses, (C)
36-signed statements of witnesses, (D) information to be used in a
37-prospective law enforcement action if prejudicial to such action, (E)
38-investigatory techniques not otherwise known to the general public,
39-(F) arrest records of a juvenile, which shall also include any
40-investigatory files, concerning the arrest of such juvenile, compiled for
41-law enforcement purposes, (G) the name and address of the victim of a
42-sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b
43-or 53a-73a, voyeurism under section 53a-189a, [or] injury or risk of
44-injury, or impairing of morals under section 53-21 or family violence,
45-as defined in section 46b-38a, or of an attempt thereof, or (H)
46-uncorroborated allegations subject to destruction pursuant to section 1-
47-216;
48-(4) Records pertaining to strategy and negotiations with respect to
49-pending claims or pending litigation to which the public agency is a
50-party until such litigation or claim has been finally adjudicated or
51-otherwise settled;
52-(5) (A) Trade secrets, which for purposes of the Freedom of
53-Information Act, are defined as information, including formulas,
54-patterns, compilations, programs, devices, methods, techniques,
55-processes, drawings, cost data, customer lists, film or television scripts
56-or detailed production budgets that (i) derive independent economic
57-value, actual or potential, from not being generally known to, and not
58-being readily ascertainable by proper means by, other persons who can
59-obtain economic value from their disclosure or use, and (ii) are the
60-subject of efforts that are reasonable under the circumstances to
61-maintain secrecy; and
62-(B) Commercial or financial information given in confidence, not
63-required by statute; Senate Bill No. 1105
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45+detection or investigation of crime, if the disclosure of [said] such 13
46+records would not be in the public interest because it would result in 14
47+the disclosure of (A) the identity of informants not otherwise known or 15
48+the identity of witnesses not otherwise known whose safety would be 16
49+endangered or who would be subject to threat or intimidation if their 17
50+identity was made known, (B) the identity of minor witnesses, (C) 18
51+signed statements of witnesses, (D) information to be used in a 19
52+prospective law enforcement action if prejudicial to such action, (E) 20
53+investigatory techniques not otherwise known to the general public, 21
54+(F) arrest records of a juvenile, which shall also include any 22
55+investigatory files, concerning the arrest of such juvenile, compiled for 23
56+law enforcement purposes, (G) the name and address of the victim of a 24
57+sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b 25
58+or 53a-73a, voyeurism under section 53a-189a, [or] injury or risk of 26
59+injury, or impairing of morals under section 53-21 or family violence, 27
60+as defined in section 46b-38a, or of an attempt thereof, or (H) 28
61+uncorroborated allegations subject to destruction pursuant to section 1-29
62+216; 30
63+(4) Records pertaining to strategy and negotiations with respect to 31
64+pending claims or pending litigation to which the public agency is a 32
65+party until such litigation or claim has been finally adjudicated or 33
66+otherwise settled; 34
67+(5) (A) Trade secrets, which for purposes of the Freedom of 35
68+Information Act, are defined as information, including formulas, 36
69+patterns, compilations, programs, devices, methods, techniques, 37
70+processes, drawings, cost data, customer lists, film or television scripts 38
71+or detailed production budgets that (i) derive independent economic 39
72+value, actual or potential, from not being generally known to, and not 40
73+being readily ascertainable by proper means by, other persons who can 41
74+obtain economic value from their disclosure or use, and (ii) are the 42
75+subject of efforts that are reasonable under the circumstances to 43
76+maintain secrecy; and 44
77+(B) Commercial or financial information given in confidence, not 45 Raised Bill No. 1105
6678
67-(6) Test questions, scoring keys and other examination data used to
68-administer a licensing examination, examination for employment or
69-academic examinations;
70-(7) The contents of real estate appraisals, engineering or feasibility
71-estimates and evaluations made for or by an agency relative to the
72-acquisition of property or to prospective public supply and
73-construction contracts, until such time as all of the property has been
74-acquired or all proceedings or transactions have been terminated or
75-abandoned, provided the law of eminent domain shall not be affected
76-by this provision;
77-(8) Statements of personal worth or personal financial data required
78-by a licensing agency and filed by an applicant with such licensing
79-agency to establish the applicant's personal qualification for the
80-license, certificate or permit applied for;
81-(9) Records, reports and statements of strategy or negotiations with
82-respect to collective bargaining;
83-(10) Records, tax returns, reports and statements exempted by
84-federal law or the general statutes or communications privileged by
85-the attorney-client relationship, marital relationship, clergy-penitent
86-relationship, doctor-patient relationship, therapist-patient relationship
87-or any other privilege established by the common law or the general
88-statutes, including any such records, tax returns, reports or
89-communications that were created or made prior to the establishment
90-of the applicable privilege under the common law or the general
91-statutes;
92-(11) Names or addresses of students enrolled in any public school or
93-college without the consent of each student whose name or address is
94-to be disclosed who is eighteen years of age or older and a parent or
95-guardian of each such student who is younger than eighteen years of Senate Bill No. 1105
9679
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99-age, provided this subdivision shall not be construed as prohibiting the
100-disclosure of the names or addresses of students enrolled in any public
101-school in a regional school district to the board of selectmen or town
102-board of finance, as the case may be, of the town wherein the student
103-resides for the purpose of verifying tuition payments made to such
104-school;
105-(12) Any information obtained by the use of illegal means;
106-(13) Records of an investigation or the name of an employee
107-providing information under the provisions of section 4-61dd or
108-sections 4-276 to 4-280, inclusive;
109-(14) Adoption records and information provided for in sections 45a-
110-746, 45a-750 and 45a-751;
111-(15) Any page of a primary petition, nominating petition,
112-referendum petition or petition for a town meeting submitted under
113-any provision of the general statutes or of any special act, municipal
114-charter or ordinance, until the required processing and certification of
115-such page has been completed by the official or officials charged with
116-such duty after which time disclosure of such page shall be required;
117-(16) Records of complaints, including information compiled in the
118-investigation thereof, brought to a municipal health authority pursuant
119-to chapter 368e or a district department of health pursuant to chapter
120-368f, until such time as the investigation is concluded or thirty days
121-from the date of receipt of the complaint, whichever occurs first;
122-(17) Educational records which are not subject to disclosure under
123-the Family Educational Rights and Privacy Act, 20 USC 1232g;
124-(18) Records, the disclosure of which the Commissioner of
125-Correction, or as it applies to Whiting Forensic Hospital, the
126-Commissioner of Mental Health and Addiction Services, has Senate Bill No. 1105
84+required by statute; 46
85+(6) Test questions, scoring keys and other examination data used to 47
86+administer a licensing examination, examination for employment or 48
87+academic examinations; 49
88+(7) The contents of real estate appraisals, engineering or feasibility 50
89+estimates and evaluations made for or by an agency relative to the 51
90+acquisition of property or to prospective public supply and 52
91+construction contracts, until such time as all of the property has been 53
92+acquired or all proceedings or transactions have been terminated or 54
93+abandoned, provided the law of eminent domain shall not be affected 55
94+by this provision; 56
95+(8) Statements of personal worth or personal financial data required 57
96+by a licensing agency and filed by an applicant with such licensing 58
97+agency to establish the applicant's personal qualification for the 59
98+license, certificate or permit applied for; 60
99+(9) Records, reports and statements of strategy or negotiations with 61
100+respect to collective bargaining; 62
101+(10) Records, tax returns, reports and statements exempted by 63
102+federal law or the general statutes or communications privileged by 64
103+the attorney-client relationship, marital relationship, clergy-penitent 65
104+relationship, doctor-patient relationship, therapist-patient relationship 66
105+or any other privilege established by the common law or the general 67
106+statutes, including any such records, tax returns, reports or 68
107+communications that were created or made prior to the establishment 69
108+of the applicable privilege under the common law or the general 70
109+statutes; 71
110+(11) Names or addresses of students enrolled in any public school or 72
111+college without the consent of each student whose name or address is 73
112+to be disclosed who is eighteen years of age or older and a parent or 74
113+guardian of each such student who is younger than eighteen years of 75
114+age, provided this subdivision shall not be construed as prohibiting the 76 Raised Bill No. 1105
127115
128-Public Act No. 19-43 5 of 9
129116
130-reasonable grounds to believe may result in a safety risk, including the
131-risk of harm to any person or the risk of an escape from, or a disorder
132-in, a correctional institution or facility under the supervision of the
133-Department of Correction or Whiting Forensic Hospital. Such records
134-shall include, but are not limited to:
135-(A) Security manuals, including emergency plans contained or
136-referred to in such security manuals;
137-(B) Engineering and architectural drawings of correctional
138-institutions or facilities or Whiting Forensic Hospital facilities;
139-(C) Operational specifications of security systems utilized by the
140-Department of Correction at any correctional institution or facility or
141-Whiting Forensic Hospital facilities, except that a general description
142-of any such security system and the cost and quality of such system
143-may be disclosed;
144-(D) Training manuals prepared for correctional institutions and
145-facilities or Whiting Forensic Hospital facilities that describe, in any
146-manner, security procedures, emergency plans or security equipment;
147-(E) Internal security audits of correctional institutions and facilities
148-or Whiting Forensic Hospital facilities;
149-(F) Minutes or recordings of staff meetings of the Department of
150-Correction or Whiting Forensic Hospital facilities, or portions of such
151-minutes or recordings, that contain or reveal information relating to
152-security or other records otherwise exempt from disclosure under this
153-subdivision;
154-(G) Logs or other documents that contain information on the
155-movement or assignment of inmates or staff at correctional institutions
156-or facilities; and Senate Bill No. 1105
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157120
158-Public Act No. 19-43 6 of 9
121+disclosure of the names or addresses of students enrolled in any public 77
122+school in a regional school district to the board of selectmen or town 78
123+board of finance, as the case may be, of the town wherein the student 79
124+resides for the purpose of verifying tuition payments made to such 80
125+school; 81
126+(12) Any information obtained by the use of illegal means; 82
127+(13) Records of an investigation or the name of an employee 83
128+providing information under the provisions of section 4-61dd or 84
129+sections 4-276 to 4-280, inclusive; 85
130+(14) Adoption records and information provided for in sections 45a-86
131+746, 45a-750 and 45a-751; 87
132+(15) Any page of a primary petition, nominating petition, 88
133+referendum petition or petition for a town meeting submitted under 89
134+any provision of the general statutes or of any special act, municipal 90
135+charter or ordinance, until the required processing and certification of 91
136+such page has been completed by the official or officials charged with 92
137+such duty after which time disclosure of such page shall be required; 93
138+(16) Records of complaints, including information compiled in the 94
139+investigation thereof, brought to a municipal health authority pursuant 95
140+to chapter 368e or a district department of health pursuant to chapter 96
141+368f, until such time as the investigation is concluded or thirty days 97
142+from the date of receipt of the complaint, whichever occurs first; 98
143+(17) Educational records which are not subject to disclosure under 99
144+the Family Educational Rights and Privacy Act, 20 USC 1232g; 100
145+(18) Records, the disclosure of which the Commissioner of 101
146+Correction, or as it applies to Whiting Forensic Hospital, the 102
147+Commissioner of Mental Health and Addiction Services, has 103
148+reasonable grounds to believe may result in a safety risk, including the 104
149+risk of harm to any person or the risk of an escape from, or a disorder 105
150+in, a correctional institution or facility under the supervision of the 106 Raised Bill No. 1105
159151
160-(H) Records that contain information on contacts between inmates,
161-as defined in section 18-84, and law enforcement officers;
162-(19) Records when there are reasonable grounds to believe
163-disclosure may result in a safety risk, including the risk of harm to any
164-person, any government-owned or leased institution or facility or any
165-fixture or appurtenance and equipment attached to, or contained in,
166-such institution or facility, except that such records shall be disclosed
167-to a law enforcement agency upon the request of the law enforcement
168-agency. Such reasonable grounds shall be determined (A) (i) by the
169-Commissioner of Administrative Services, after consultation with the
170-chief executive officer of an executive branch state agency, with respect
171-to records concerning such agency; and (ii) by the Commissioner of
172-Emergency Services and Public Protection, after consultation with the
173-chief executive officer of a municipal, district or regional agency, with
174-respect to records concerning such agency; (B) by the Chief Court
175-Administrator with respect to records concerning the Judicial
176-Department; and (C) by the executive director of the Joint Committee
177-on Legislative Management, with respect to records concerning the
178-Legislative Department. As used in this section, "government-owned
179-or leased institution or facility" includes, but is not limited to, an
180-institution or facility owned or leased by a public service company, as
181-defined in section 16-1, other than a water company, as defined in
182-section 25-32a, a certified telecommunications provider, as defined in
183-section 16-1, or a municipal utility that furnishes electric or gas service,
184-but does not include an institution or facility owned or leased by the
185-federal government, and "chief executive officer" includes, but is not
186-limited to, an agency head, department head, executive director or
187-chief executive officer. Such records include, but are not limited to:
188-(i) Security manuals or reports;
189-(ii) Engineering and architectural drawings of government-owned
190-or leased institutions or facilities; Senate Bill No. 1105
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194-(iii) Operational specifications of security systems utilized at any
195-government-owned or leased institution or facility, except that a
196-general description of any such security system and the cost and
197-quality of such system may be disclosed;
198-(iv) Training manuals prepared for government-owned or leased
199-institutions or facilities that describe, in any manner, security
200-procedures, emergency plans or security equipment;
201-(v) Internal security audits of government-owned or leased
202-institutions or facilities;
203-(vi) Minutes or records of meetings, or portions of such minutes or
204-records, that contain or reveal information relating to security or other
205-records otherwise exempt from disclosure under this subdivision;
206-(vii) Logs or other documents that contain information on the
207-movement or assignment of security personnel; and
208-(viii) Emergency plans and emergency preparedness, response,
209-recovery and mitigation plans, including plans provided by a person
210-to a state agency or a local emergency management agency or official;
211-[.]
212-(20) Records of standards, procedures, processes, software and
213-codes, not otherwise available to the public, the disclosure of which
214-would compromise the security or integrity of an information
215-technology system;
216-(21) The residential, work or school address of any participant in the
217-address confidentiality program established pursuant to sections 54-
218-240 to 54-240o, inclusive;
219-(22) The electronic mail address of any person that is obtained by
220-the Department of Transportation in connection with the Senate Bill No. 1105
157+Department of Correction or Whiting Forensic Hospital. Such records 107
158+shall include, but are not limited to: 108
159+(A) Security manuals, including emergency plans contained or 109
160+referred to in such security manuals; 110
161+(B) Engineering and architectural drawings of correctional 111
162+institutions or facilities or Whiting Forensic Hospital facilities; 112
163+(C) Operational specifications of security systems utilized by the 113
164+Department of Correction at any correctional institution or facility or 114
165+Whiting Forensic Hospital facilities, except that a general description 115
166+of any such security system and the cost and quality of such system 116
167+may be disclosed; 117
168+(D) Training manuals prepared for correctional institutions and 118
169+facilities or Whiting Forensic Hospital facilities that describe, in any 119
170+manner, security procedures, emergency plans or security equipment; 120
171+(E) Internal security audits of correctional institutions and facilities 121
172+or Whiting Forensic Hospital facilities; 122
173+(F) Minutes or recordings of staff meetings of the Department of 123
174+Correction or Whiting Forensic Hospital facilities, or portions of such 124
175+minutes or recordings, that contain or reveal information relating to 125
176+security or other records otherwise exempt from disclosure under this 126
177+subdivision; 127
178+(G) Logs or other documents that contain information on the 128
179+movement or assignment of inmates or staff at correctional institutions 129
180+or facilities; and 130
181+(H) Records that contain information on contacts between inmates, 131
182+as defined in section 18-84, and law enforcement officers; 132
183+(19) Records when there are reasonable grounds to believe 133
184+disclosure may result in a safety risk, including the risk of harm to any 134 Raised Bill No. 1105
221185
222-Public Act No. 19-43 8 of 9
223186
224-implementation or administration of any plan to inform individuals
225-about significant highway or railway incidents;
226-(23) The name or address of any minor enrolled in any parks and
227-recreation program administered or sponsored by any public agency;
228-(24) Responses to any request for proposals or bid solicitation issued
229-by a public agency or any record or file made by a public agency in
230-connection with the contract award process, until such contract is
231-executed or negotiations for the award of such contract have ended,
232-whichever occurs earlier, provided the chief executive officer of such
233-public agency certifies that the public interest in the disclosure of such
234-responses, record or file is outweighed by the public interest in the
235-confidentiality of such responses, record or file;
236-(25) The name, address, telephone number or electronic mail
237-address of any person enrolled in any senior center program or any
238-member of a senior center administered or sponsored by any public
239-agency;
240-(26) All records obtained during the course of inspection,
241-investigation, examination and audit activities of an institution, as
242-defined in section 19a-490, that are confidential pursuant to a contract
243-between the Department of Public Health and the United States
244-Department of Health and Human Services relating to the Medicare
245-and Medicaid programs;
246-(27) Any record created by a law enforcement agency or other
247-federal, state, or municipal governmental agency consisting of a
248-photograph, film, video or digital or other visual image depicting the
249-victim of a homicide, to the extent that such record could reasonably
250-be expected to constitute an unwarranted invasion of the personal
251-privacy of the victim or the victim's surviving family members;
252-(28) Any documentation provided to or obtained by an executive Senate Bill No. 1105
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254-Public Act No. 19-43 9 of 9
191+person, any government-owned or leased institution or facility or any 135
192+fixture or appurtenance and equipment attached to, or contained in, 136
193+such institution or facility, except that such records shall be disclosed 137
194+to a law enforcement agency upon the request of the law enforcement 138
195+agency. Such reasonable grounds shall be determined (A) (i) by the 139
196+Commissioner of Administrative Services, after consultation with the 140
197+chief executive officer of an executive branch state agency, with respect 141
198+to records concerning such agency; and (ii) by the Commissioner of 142
199+Emergency Services and Public Protection, after consultation with the 143
200+chief executive officer of a municipal, district or regional agency, with 144
201+respect to records concerning such agency; (B) by the Chief Court 145
202+Administrator with respect to records concerning the Judicial 146
203+Department; and (C) by the executive director of the Joint Committee 147
204+on Legislative Management, with respect to records concerning the 148
205+Legislative Department. As used in this section, "government-owned 149
206+or leased institution or facility" includes, but is not limited to, an 150
207+institution or facility owned or leased by a public service company, as 151
208+defined in section 16-1, other than a water company, as defined in 152
209+section 25-32a, a certified telecommunications provider, as defined in 153
210+section 16-1, or a municipal utility that furnishes electric or gas service, 154
211+but does not include an institution or facility owned or leased by the 155
212+federal government, and "chief executive officer" includes, but is not 156
213+limited to, an agency head, department head, executive director or 157
214+chief executive officer. Such records include, but are not limited to: 158
215+(i) Security manuals or reports; 159
216+(ii) Engineering and architectural drawings of government-owned 160
217+or leased institutions or facilities; 161
218+(iii) Operational specifications of security systems utilized at any 162
219+government-owned or leased institution or facility, except that a 163
220+general description of any such security system and the cost and 164
221+quality of such system may be disclosed; 165
222+(iv) Training manuals prepared for government-owned or leased 166 Raised Bill No. 1105
255223
256-branch agency, including documentation provided or obtained prior to
257-May 25, 2016, relating to claims of faulty or failing concrete
258-foundations in residential buildings by the owners of such residential
259-buildings, and documents prepared by an executive branch agency
260-relating to such documentation, for seven years after the date of receipt
261-of the documentation or seven years after May 25, 2016, whichever is
262-later.
263-Sec. 2. Subsection (b) of section 1-215 of the general statutes is
264-repealed and the following is substituted in lieu thereof (Effective
265-October 1, 2019):
266-(b) Notwithstanding any provision of the general statutes, and
267-except as otherwise provided in this section, any record of the arrest of
268-any person shall be a public record from the time of such arrest and
269-shall be disclosed in accordance with the provisions of section 1-212
270-and subsection (a) of section 1-210. No law enforcement agency shall
271-redact any record of the arrest of any person, except for (1) the identity
272-of witnesses, (2) the name, address or other identifying information of
273-any victim of sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-
274-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or
275-risk of injury, or impairing of morals under section 53-21 or family
276-violence, as defined in section 46b-38a, or of an attempt thereof, (3)
277-specific information about the commission of a crime, the disclosure of
278-which the law enforcement agency reasonably believes may prejudice
279-a pending prosecution or a prospective law enforcement action, or [(3)]
280-(4) any information that a judicial authority has ordered to be sealed
281-from public inspection or disclosure. Any personal possessions or
282-effects found on a person at the time of such person's arrest shall not
283-be disclosed unless such possessions or effects are relevant to the crime
284-for which such person was arrested.
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229+institutions or facilities that describe, in any manner, security 167
230+procedures, emergency plans or security equipment; 168
231+(v) Internal security audits of government-owned or leased 169
232+institutions or facilities; 170
233+(vi) Minutes or records of meetings, or portions of such minutes or 171
234+records, that contain or reveal information relating to security or other 172
235+records otherwise exempt from disclosure under this subdivision; 173
236+(vii) Logs or other documents that contain information on the 174
237+movement or assignment of security personnel; and 175
238+(viii) Emergency plans and emergency preparedness, response, 176
239+recovery and mitigation plans, including plans provided by a person 177
240+to a state agency or a local emergency management agency or official. 178
241+(20) Records of standards, procedures, processes, software and 179
242+codes, not otherwise available to the public, the disclosure of which 180
243+would compromise the security or integrity of an information 181
244+technology system; 182
245+(21) The residential, work or school address of any participant in the 183
246+address confidentiality program established pursuant to sections 54-184
247+240 to 54-240o, inclusive; 185
248+(22) The electronic mail address of any person that is obtained by 186
249+the Department of Transportation in connection with the 187
250+implementation or administration of any plan to inform individuals 188
251+about significant highway or railway incidents; 189
252+(23) The name or address of any minor enrolled in any parks and 190
253+recreation program administered or sponsored by any public agency; 191
254+(24) Responses to any request for proposals or bid solicitation issued 192
255+by a public agency or any record or file made by a public agency in 193
256+connection with the contract award process, until such contract is 194 Raised Bill No. 1105
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263+executed or negotiations for the award of such contract have ended, 195
264+whichever occurs earlier, provided the chief executive officer of such 196
265+public agency certifies that the public interest in the disclosure of such 197
266+responses, record or file is outweighed by the public interest in the 198
267+confidentiality of such responses, record or file; 199
268+(25) The name, address, telephone number or electronic mail 200
269+address of any person enrolled in any senior center program or any 201
270+member of a senior center administered or sponsored by any public 202
271+agency; 203
272+(26) All records obtained during the course of inspection, 204
273+investigation, examination and audit activities of an institution, as 205
274+defined in section 19a-490, that are confidential pursuant to a contract 206
275+between the Department of Public Health and the United States 207
276+Department of Health and Human Services relating to the Medicare 208
277+and Medicaid programs; 209
278+(27) Any record created by a law enforcement agency or other 210
279+federal, state, or municipal governmental agency consisting of a 211
280+photograph, film, video or digital or other visual image depicting the 212
281+victim of a homicide, to the extent that such record could reasonably 213
282+be expected to constitute an unwarranted invasion of the personal 214
283+privacy of the victim or the victim's surviving family members; 215
284+(28) Any documentation provided to or obtained by an executive 216
285+branch agency, including documentation provided or obtained prior to 217
286+May 25, 2016, relating to claims of faulty or failing concrete 218
287+foundations in residential buildings by the owners of such residential 219
288+buildings, and documents prepared by an executive branch agency 220
289+relating to such documentation, for seven years after the date of receipt 221
290+of the documentation or seven years after May 25, 2016, whichever is 222
291+later. 223
292+Sec. 2. Subsection (b) of section 1-215 of the general statutes is 224
293+repealed and the following is substituted in lieu thereof (Effective 225 Raised Bill No. 1105
294+
295+
296+LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105-
297+R01-SB.docx }
298+9 of 9
299+
300+October 1, 2019): 226
301+(b) Notwithstanding any provision of the general statutes, and 227
302+except as otherwise provided in this section, any record of the arrest of 228
303+any person shall be a public record from the time of such arrest and 229
304+shall be disclosed in accordance with the provisions of section 1-212 230
305+and subsection (a) of section 1-210. No law enforcement agency shall 231
306+redact any record of the arrest of any person, except for (1) the identity 232
307+of witnesses, (2) the name, address or other identifying information of 233
308+any victim of sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-234
309+72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or 235
310+risk of injury, or impairing of morals under section 53-21 or family 236
311+violence, as defined in section 46b-38a, or of an attempt thereof, [(2)] 237
312+(3) specific information about the commission of a crime, the disclosure 238
313+of which the law enforcement agency reasonably believes may 239
314+prejudice a pending prosecution or a prospective law enforcement 240
315+action, or [(3)] (4) any information that a judicial authority has ordered 241
316+to be sealed from public inspection or disclosure. Any personal 242
317+possessions or effects found on a person at the time of such person's 243
318+arrest shall not be disclosed unless such possessions or effects are 244
319+relevant to the crime for which such person was arrested. 245
320+This act shall take effect as follows and shall amend the following
321+sections:
322+
323+Section 1 October 1, 2019 1-210(b)
324+Sec. 2 October 1, 2019 1-215(b)
325+
326+GAE Joint Favorable
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