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2016 SESSION
SB 727 Virginia Freedom of Information Act; public access to noncriminal records.
Introduced by: Ryan T. McDougle | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Virginia Freedom of Information Act; public access to noncriminal records. Clarifies public access to noncriminal records maintained by public bodies engaged in criminal law-enforcement activities. The bill reverses an April 2015 Virginia Supreme Court decision in Fitzgerald v. Loudoun County Sheriff's Office, which held that a noncriminal record must be a compilation in order for the exemption for noncriminal records to apply. The bill was also the subject of a Virginia Freedom of Information Advisory Council opinion (AO-08-15) concerning this exemption, which highlighted the need for clarification of this exemption based on the Fitzgerald holding. This bill incorporates SB 676.
SUMMARY AS INTRODUCED:
Virginia Freedom of Information Act; public access to noncriminal records. Clarifies public access to noncriminal records maintained by public bodies engaged in criminal law-enforcement activities. The bill reverses an April 2015 Virginia Supreme Court decision in Fitzgerald v. Loudoun County Sheriff's Office, which held that a noncriminal record must be a compilation in order for the exemption for noncriminal records to apply. The bill was also the subject of a Virginia Freedom of Information Advisory Council opinion (AO-08-15) concerning this exemption, which highlighted the need for clarification of this exemption based on the Fitzgerald holding.