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2011 SESSION

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HB 2269 Freedom of Information Act; criminal records are exempt from mandatory provisions.

Introduced by: Mark L. Keam (by request) | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Virginia Freedom of Information Act; access to criminal records.  Provides that criminal records are exempt from the mandatory provisions of FOIA prior to judicial proceedings, but pertinent records or pertinent information from records that are otherwise unlawful to disclose shall be disclosed in any judicial proceeding where such records or information is requested in the interest of transparency of government, except where disclosure of any pertinent record or information is specifically prohibited by law. A denial without legal grounds of pertinent records or information disclosure or a failure upon appeal to remand a case back to the court where there had been a denial without legal grounds of pertinent records or information disclosure by any judge is grounds for judicial impeachment, enforceable retroactively, in the interest of forcing the executive and judicial departments to become and to remain separate and distinct in accordance with Article I, Section 5 and Article III, Section 1 of the Constitution of Virginia.


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