confidential records; access
HB 2551 creates specific procedures for obtaining access to confidential records.
Under current law, the personal information of prosecutors and peace officers may be prohibited from access by the general public. Justices of the Supreme Court, judges of the Court of Appeals, judges or commissioners of the superior court, municipal court judges, peace officers, prosecutors, public defenders, victims of domestic violence or persons who are protected under an order of protection or injunction against harassment may request that the information contained in their voter registration records be protected from access by the public.
§ Requires that a common form, developed by the Administrative Office of the Courts (AOC), an organization of peace officers, an association of counties and the Motor Vehicle Division be used to request that an applicant’s personal information be withheld from public records.
ü Excludes the motor vehicle division for requests involving voter registration records.
§ Stipulates that in addition to existing requirements, the affidavit must contain a copy of pages from each instrument that includes the document locator number and the peace officer’s or prosecutor’s full legal name and residential address or full legal name and telephone number.
ü Adds date of birth to affidavits involving voter registration records.
§ Authorizes that if the presiding judge of a superior court concludes that an instrument or writing recorded by the county recorder or a voter registration record has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the recorded instrument or writing.
§ States that parties to the instrument are not prohibited from accessing records of a county recorder.
§ Requires the presiding judge of a superior court to order the information contained in the voter record of a justice, judge, commissioner, prosecutor, public defender or peace officer to be sealed for five years.
§ Stipulates that the recorder shall remove the restrictions on all voter records by the fifth day of January in the year after the court order expires.
§ Makes technical and conforming changes.
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45th Legislature
Second Regular Session 3 February
11, 2002
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