Virginia 2024 Regular Session

Virginia Senate Bill SB215

Introduced
1/8/24  
Refer
1/8/24  
Report Pass
1/24/24  
Report Pass
1/31/24  
Engrossed
2/2/24  
Refer
2/13/24  
Report Pass
2/22/24  
Enrolled
3/4/24  
Chaptered
4/5/24  

Caption

FOIA; removal of Virginia residency requirement for access to certain criminal investigation files.

Impact

The overarching implication of SB215 is a shift in the balance between public access to law enforcement information and the protection of sensitive investigative details. By facilitating easier access to criminal investigative files for family members of victims and legal representatives in certain cases, the bill is intended to amplify victims' rights and ensure they have the necessary information at their disposal. However, it simultaneously emphasizes the continued need for discretion in the release of sensitive information that could jeopardize ongoing investigations or violate personal privacy.

Summary

SB215 introduces amendments to the Virginia Freedom of Information Act regarding the disclosure of criminal investigative files. The bill aims to provide clearer guidelines about what information can be disclosed to the public and under what circumstances. Notably, it removes the Virginia residency requirement for accessing certain criminal investigation records, thereby potentially broadening access to these files to non-residents as well. This change is positioned as a move towards greater transparency and public accountability in law enforcement practices, allowing citizens more insight into criminal investigations.

Sentiment

The sentiment surrounding SB215 is mixed, with a clear division between proponents advocating for increased transparency in law enforcement and critics concerned about the risks posed to ongoing investigations and individual privacy rights. Supporters argue that the measure strengthens democracy by holding law enforcement accountable, thus fostering trust in public institutions. Meanwhile, detractors express concerns about the bill's potential to compromise the integrity of investigations and the privacy of individuals involved, suggesting that the safeguards in place for sensitive information require careful consideration.

Contention

Notable points of contention include the degree of access that is appropriate versus the need to ensure that ongoing investigations are not compromised by premature disclosures. The bill proposes that while certain investigative records can be accessed, exceptions will apply to protect the integrity of current cases. The conversation reflects deeper ideological divides about transparency versus privacy rights, with advocates for reform highlighting the need for open government and adversaries cautioning against potential abuses of this newfound access.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1401

Community Policing Act; repeals Act.

VA HB1354

Virginia Freedom of Information Act; release of probation and parole records.

VA HB1965

Virginia Freedom of Information Act; required release of law-enforcement disciplinary records.

VA HB1569

Virginia Freedom of Information Act; disclosure of personnel records.

VA SB826

Deaf and the Blind, Virginia School for the; authority to establish campus security department.

VA HB1878

FOIA; exclusions to application of chapter, local administrative investigations, disclosure.

VA HB2044

Criminal and traffic cases; fines and costs assessed against juveniles, report.

VA SB1340

Virginia Residential Landlord and Tenant Act; application limitations.

VA HB1651

Virginia Residential Landlord and Tenant Act; nonrefundable application fee, limitations.

VA SB1402

Criminal records; expungement and sealing of records.

Similar Bills

CA SB852

Searches: supervised persons.

CA SB1421

Peace officers: release of records.

CA AB847

Peace officers: confidentiality of records.

CA AB1178

Peace officers: confidentiality of records.

CA SB400

Peace officers: confidentiality of records.

CA AB1388

Law enforcement: settlement agreements.

CA SB776

Peace officers: release of records.