Louisiana 2010 Regular Session

Louisiana Senate Bill SB279

Introduced
3/29/10  

Caption

Provides for exemptions for public record requests. (gov sig)

Impact

The enactment of SB 279 would impact how public records related to criminal investigations are handled across Louisiana. While existing laws already provide various exemptions for certain records, this bill further refines those exemptions by detailing the processes and timelines for disclosure. By defining specific scenarios where public records can be withheld on the grounds of affecting ongoing investigations, the bill aims to enhance the protection of sensitive information held by law enforcement agencies while still providing a framework for accountability.

Summary

Senate Bill 279 is a legislative proposal aimed at providing exemptions to public records requests, especially in the context of criminal proceedings. The bill stipulates that when a record has been subpoenaed by a grand jury or sought under a valid search warrant by law enforcement agencies, the custodian must notify the requester of the existing law provisions. Furthermore, law enforcement agencies have five days to assess whether disclosure of the record would hinder an ongoing investigation or litigation, thereby maintaining the confidentiality of sensitive information. This measure seeks to strike a balance between public transparency and the integrity of ongoing investigations.

Sentiment

The sentiment surrounding SB 279 appears to be mixed. Supporters of the bill argue that it is essential for protecting ongoing criminal investigations from unnecessary exposure that could compromise their outcomes. They believe that the bill enhances the ability of law enforcement to operate effectively. Conversely, detractors express concerns that the bill could lead to a lack of transparency regarding government activities, particularly in law enforcement. Critics argue that the broad exemptions might be misused, making it more challenging for the public to hold authorities accountable.

Contention

Key points of contention regarding SB 279 revolve around the balance between transparency and the necessity of confidentiality in criminal proceedings. Opponents worry that the bill may create a precedent for excessive secrecy, limiting public access to information that could be crucial for understanding government actions and law enforcement practices. Proponents, on the other hand, emphasize that protecting ongoing investigations is paramount and that the bill introduces necessary safeguards without entirely eliminating public access to records. The debate highlights the ongoing struggle between ensuring the public's right to know and safeguarding the efficacy of law enforcement.

Companion Bills

No companion bills found.

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