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House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | March 29, 2022 01:39 PM |
|---|---|
| From: | Representative Aaron D. Kaufer |
| To: | All House members |
| Subject: | Crime Victim Access to Criminal History Information |
| I will soon introduce a bill to make it easier for crime victims to obtain relevant information learned by law enforcement during the investigation of the crime, in order for crime victims to use that information in subsequent civil legal actions to recover damages for their injuries. While criminal prosecutions punish offenders for their offenses, too often the meager restitution ordered in these cases does no fully compensate the innocent person victimized in the crime for their injuries. In that situation, the crime victim turns to the civil justice system. But in doing so, a disparity emerges: While offender has access to relevant criminal history investigative information due to the offender’s status in the criminal case, the crime victim has no legal right to access that very same information about the crime. Very often, that information is central to determining liability in the civil case. But because of the strict confidentiality provisions of the Criminal History Information Act (CHRIA), law enforcement cannot provide the information to the crime victim. My bill will create a simple process by which crime victims can request dissemination of criminal history investigative information which is relevant to a civil action arising out of the crime, provided the victim swears under penalty of law that the information is material and necessary to the civil action. The information can then only be used for the civil lawsuit; any harassing, intimidating or threatening use of the information would be punishable as a crime. Meanwhile, law enforcement would be able to share the relevant information only if doing so does not threaten a person or public safety, adversely affect a current investigation, or will cause substantial emotional distress to a victim of child abuse, domestic abuse, or sexual abuse. The civil defendants will have access to the same information for use in the civil case, as the crime victim will be obligated to share that information as part of the civil lawsuit with all parties. Please join me in sponsoring this legislation to help crime victims fully recover from their injuries and losses. |
Introduced as HB2525