Provides for access to criminal history information in civil cases of domestic abuse, dating violence, human trafficking, and sexual assault. (gov sig) (EN SEE FISC NOTE LF EX See Note)
Impact
The introduction of SB 156 alters the legal landscape for civil cases by explicitly permitting attorneys and pro se litigants access to specific criminal history records. This change promotes the idea that information regarding past offenses can be pertinent in assessing ongoing cases of domestic violence or abuse. Importantly, the provisions surrounding confidentiality ensure that such sensitive information is used solely for case-related purposes, thereby protecting the rights of individuals while still allowing for relevant facts to come to light in court.
Summary
Senate Bill 156 provides a framework for accessing criminal history information in civil cases involving domestic abuse, human trafficking, dating violence, and sexual assault. It allows licensed attorneys who are counsel of record in such cases to obtain relevant state criminal history information pertaining to individuals involved in the civil proceedings, including parties and witnesses. The bill aims to ensure that vital evidence can be gathered to support victims and maintain the integrity of the court system. Additionally, it extends this ability to pro se litigants, provided they obtain a court order, thus broadening access to crucial information within civil litigations concerning these sensitive matters.
Sentiment
Overall, the sentiment surrounding SB 156 appears to be supportive among legislators who acknowledge the need for victims of domestic abuse and related offenses to have better access to justice. The bill received unanimous approval during voting, indicating a shared recognition of its importance. However, discussions may still exist regarding the balance between safeguarding individual privacy and providing necessary legal access to criminal history, especially concerning potential misuse of the information gained via this legislation.
Contention
While the bill has broad support, there are potential points of contention that could arise from its implementation. Concerns about the privacy of individuals whose criminal history might be accessed for civil cases could incite debate, particularly regarding whether such access will lead to abuses or unintended consequences. Additionally, the reliance on court orders for pro se litigants to obtain information could complicate the process for those without legal representation, raising questions about equitable access to justice.
Requires criminal justice agencies to annually report certain information concerning sexual assault kits and sexually-oriented criminal offenses. (gov sig) (EN SEE FISC NOTE GF EX See Note)
Provides for the termination of manufacturer vehicle tracking services in certain cases of domestic abuse, sexual assault, or stalking (EN SEE FISC NOTE GF EX)