Proposed legislation that would make confidential law enforcement records of incidents on school property involving a minor passed the House State Government Committee on Tuesday.
The bill is scheduled to be heard by the House Government Operations Committee on Monday afternoon.
HB 368 arose from a situation in Putnam County after an incident involving two minors at a school, state Rep. Ryan Williams, R-Cookeville, told the House State Government Committee on Wednesday. (See video of testimony and questions about the bill, including testimony from TCOG.)
Though the incident did not result in any charges, a parent of one of the minors sought to get the law enforcement records related to what happened.
The proposed legislation would add a new exemption to the public records act:
“A record of a minor student attending an institution of secondary or elementary education created by a school resource or other law enforcement officer, or that is maintained by a law enforcement agency as the result of an incident involving the minor that occurred on school property, is confidential and not subject to a public records request unless: (i) The person requesting the information obtains consent form the minor’s parent or guardian; or (ii) The request is made subject to a court order.”
Title 37 in state law already allows for law enforcement records and files on juveniles to be closed to public inspection, but makes exceptions for when the child is transferred to adult court, “the interest of national security requires or the court otherwise orders in the interest of the child…”
The bill, as passed by the House State Government Committee, would overlay additional confidentiality rules for incidents involving minors when the incident takes place on school property.
The bill may be amended in the House Government Operations Committee.
The bill is being carried in the Senate by state Sen. Paul Bailey and is scheduled to be heard Tuesday in the Senate Judiciary Committee.
