| 1 | 1 | | |
|---|
| 2 | 2 | | SENATE BILL 209 |
|---|
| 3 | 3 | | By Jackson |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | HOUSE BILL 1019 |
|---|
| 6 | 6 | | By Russell |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | HB1019 |
|---|
| 10 | 10 | | 000911 |
|---|
| 11 | 11 | | - 1 - |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 10, |
|---|
| 14 | 14 | | Chapter 7, relative to confidential records. |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 10-7-504, is amended by adding the |
|---|
| 18 | 18 | | following new subsection: |
|---|
| 19 | 19 | | (1) In addition to subsection (f), and upon request as provided in subdivision |
|---|
| 20 | 20 | | ( )(2), the following records or information of active or former sworn state and local law |
|---|
| 21 | 21 | | enforcement officers; correctional and correction probation officers; personnel of the |
|---|
| 22 | 22 | | department of children's services whose duties include the investigation of child abuse, |
|---|
| 23 | 23 | | neglect, exploitation, fraud, theft, or other criminal activities; personnel of the department |
|---|
| 24 | 24 | | of revenue or of local government agencies whose responsibilities include revenue |
|---|
| 25 | 25 | | collection; justices, judges, chancellors, commissioners, and staff of state and local |
|---|
| 26 | 26 | | courts; district attorneys general; and public defenders are not public records: |
|---|
| 27 | 27 | | (A) Home addresses; |
|---|
| 28 | 28 | | (B) Telephone numbers; |
|---|
| 29 | 29 | | (C) Social security numbers; |
|---|
| 30 | 30 | | (D) Dates of birth; and |
|---|
| 31 | 31 | | (E) Official photographs or photographs taken in the scope of |
|---|
| 32 | 32 | | employment. |
|---|
| 33 | 33 | | (2) For purposes of effectuating subdivision ( )(1), such individual must submit a |
|---|
| 34 | 34 | | written request to each state or local government agency with records of or access to the |
|---|
| 35 | 35 | | information identified in subdivisions ( )(1)(A)-(E) requesting that such information be |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | - 2 - 000911 |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | maintained confidentially. Upon receipt of a request under this subdivision ( )(2), the |
|---|
| 41 | 41 | | respective state or local government entity shall maintain the identified records |
|---|
| 42 | 42 | | confidentially and not make the records available for public inspection. |
|---|
| 43 | 43 | | (3) The governing body of a local government may establish or designate an |
|---|
| 44 | 44 | | individual or agency as responsible for receiving requests under subdivision ( )(2) and |
|---|
| 45 | 45 | | distributing notice to all agencies and departments of the local government for purposes |
|---|
| 46 | 46 | | of compliance with this subsection ( ). |
|---|
| 47 | 47 | | (4) Notwithstanding this subsection ( ), information maintained confidentially |
|---|
| 48 | 48 | | under this subsection ( ) may be released in response to a court order, subpoena, or law |
|---|
| 49 | 49 | | enforcement agency conducting an active investigation. |
|---|
| 50 | 50 | | (5) Information made confidential by this subsection ( ) must be redacted from |
|---|
| 51 | 51 | | public records whenever possible and nothing in this subsection ( ) may be used to limit |
|---|
| 52 | 52 | | or deny access to otherwise public records because a file, document, or data file |
|---|
| 53 | 53 | | contains confidential information. |
|---|
| 54 | 54 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
|---|