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2008 SESSION

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HB 1007 Fusion Intelligence Center; confidentiality and immunity from service of process.

Introduced by: Dwight Clinton Jones | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Virginia Fusion Intelligence Center; confidentiality; immunity.  Provides that papers, records, documents, reports, materials, databases or other evidence or information relative to criminal intelligence or any terrorism investigation in the possession of the Virginia Fusion Intelligence Center within the Department of State Police is confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collection and Dissemination Practices Act. The Department must conduct an annual review of such information and remove any which is determined to not have a nexus to terroristic activity.  The bill also provides that people who have access to information maintained by the Fusion Center are not subject to subpoena in any civil action concerning criminal intelligence information maintained by the Fusion Center. The bill restricts the release or dissemination of information without prior authorization from the Fusion Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury the penalty is a Class 4 felony.  There is an immunity provision for people who furnish information on criminal violations to a governmental entity established for the purposes of detecting and preventing acts of terrorism.

SUMMARY AS PASSED HOUSE:

Virginia Fusion Intelligence Center; confidentiality; immunity.  Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.

SUMMARY AS INTRODUCED:

Virginia Fusion Intelligence Center; confidentiality; immunity.  Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.