| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 209 |
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| 6 | 5 | | By Jackson |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0209 |
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| 10 | 9 | | 000911 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 10, |
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| 14 | 13 | | Chapter 7, relative to confidential records. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 10-7-504, is amended by adding the |
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| 18 | 17 | | following new subsection: |
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| 19 | 18 | | (1) In addition to subsection (f), and upon request as provided in subdivision |
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| 20 | 19 | | ( )(2), the following records or information of active or former sworn state and local law |
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| 21 | 20 | | enforcement officers; correctional and correction probation officers; personnel of the |
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| 22 | 21 | | department of children's services whose duties include the investigation of child abuse, |
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| 23 | 22 | | neglect, exploitation, fraud, theft, or other criminal activities; personnel of the department |
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| 24 | 23 | | of revenue or of local government agencies whose responsibilities include revenue |
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| 25 | 24 | | collection; justices, judges, chancellors, commissioners, and staff of state and local |
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| 26 | 25 | | courts; district attorneys general; and public defenders are not public records: |
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| 27 | 26 | | (A) Home addresses; |
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| 28 | 27 | | (B) Telephone numbers; |
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| 29 | 28 | | (C) Social security numbers; |
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| 30 | 29 | | (D) Dates of birth; and |
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| 31 | 30 | | (E) Official photographs or photographs taken in the scope of |
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| 32 | 31 | | employment. |
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| 33 | 32 | | (2) For purposes of effectuating subdivision ( )(1), such individual must submit a |
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| 34 | 33 | | written request to each state or local government agency with records of or access to the |
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| 35 | 34 | | information identified in subdivisions ( )(1)(A)-(E) requesting that such information be |
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| 41 | 40 | | respective state or local government entity shall maintain the identified records |
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| 42 | 41 | | confidentially and not make the records available for public inspection. |
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| 43 | 42 | | (3) The governing body of a local government may establish or designate an |
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| 44 | 43 | | individual or agency as responsible for receiving requests under subdivision ( )(2) and |
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| 45 | 44 | | distributing notice to all agencies and departments of the local government for purposes |
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| 46 | 45 | | of compliance with this subsection ( ). |
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| 47 | 46 | | (4) Notwithstanding this subsection ( ), information maintained confidentially |
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| 48 | 47 | | under this subsection ( ) may be released in response to a court order, subpoena, or law |
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| 49 | 48 | | enforcement agency conducting an active investigation. |
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| 50 | 49 | | (5) Information made confidential by this subsection ( ) must be redacted from |
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| 51 | 50 | | public records whenever possible and nothing in this subsection ( ) may be used to limit |
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| 52 | 51 | | or deny access to otherwise public records because a file, document, or data file |
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| 53 | 52 | | contains confidential information. |
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| 54 | 53 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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