SB 23-075 CO

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Became Law

The law has required that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of certain enumerated sexual offenses. The act removes the limitation that a child be a victim of an enumerated sexual offense for the child's name and identifying information to be deleted from a criminal justice record released to the public. The act also requires that the name and identifying information of a child who witnesses a criminal offense be deleted from criminal justice records released to the public. The act specifies that these deletion requirements do not apply to criminal justice records that solely involve traffic offenses. The act establishes a good cause exception that allows a person to petition a district court for the disclosure of the name and identifying information of a child witness or child victim. The person seeking disclosure must establish good cause for disclosure at a hearing conducted after the child victim, child witness, or their respective legal guardian receives notice. Good cause means a finding that the person seeking disclosure has established that the public interest in accessing the child victim's or child witness's name and identifying information substantially outweighs the harm to the privacy interest of the child victim, child witness, or their respective legal guardian. The law previously required a criminal justice agency to make the notation "CHILD VICTIM" on a criminal justice record involving a child victim when the child victim's name is disclosed during proceedings related to the criminal justice record or when the child victim or child victim's guardian requests the notation. The act requires that a criminal justice agency make the notation "CHILD WITNESS" on a criminal justice record involving a child witness under the same circumstances. The act specifies that a victim's right-to-be-heard and notice requirements of the Victim Rights Act apply to a hearing for the disclosure of a child victim's or child witness's name and identifying information. For the 2023-24 state fiscal year, $387,449 is appropriated from the general fund to the judicial department for trial court programs and capital outlay needed to implement the act. APPROVED by Governor May 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

• Rhonda Fields · primary
• Tony Exum Democratic · primary
• Naquetta Ricks Democratic · primary
• Brianna Titone Democratic · primary

1. May 23, 2023 Governor Signed · executive
2. May 17, 2023 Sent to the Governor · executive
3. May 17, 2023 Signed by the President of the Senate · upper
4. May 16, 2023 Signed by the Speaker of the House · lower
5. May 6, 2023 Senate Considered House Amendments - Result was to Concur - Repass · upper
6. May 5, 2023 House Third Reading Passed with Amendments - Floor · lower
7. May 4, 2023 House Third Reading Laid Over Daily - No Amendments · lower
8. May 3, 2023 House Second Reading Special Order - Passed - No Amendments · lower
9. May 3, 2023 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
10. May 2, 2023 House Committee on Judiciary Refer Unamended to Appropriations · lower
11. Apr 24, 2023 Introduced In House - Assigned to Judiciary · lower
12. Apr 24, 2023 Senate Third Reading Passed - No Amendments · upper
13. Apr 21, 2023 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor · upper
14. Apr 21, 2023 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
15. Feb 13, 2023 Senate Committee on Judiciary Refer Amended to Appropriations · upper
16. Jan 27, 2023 Introduced In Senate - Assigned to Judiciary · upper