2020 -- H 7105

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- MILITARY SEXUAL TRAUMA

CONFIDENTIALITY ACT

     

     Introduced By: Representatives Vella-Wilkinson, Casimiro, Solomon, Almeida, and
Azzinaro

     Date Introduced: January 15, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 30 of the General Laws entitled "MILITARY AFFAIRS AND

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DEFENSE" is hereby amended by adding thereto the following chapter:

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CHAPTER 13.1

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MILITARY SEXUAL TRAUMA CONFIDENTIALITY ACT

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     30-13.1-1. Short title.

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     This chapter shall be known and may be cited as the "Military Sexual Trauma

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Confidentiality Act."

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     30-13.1-2. Victim confidentiality.

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     In an investigation of or a prosecution for an offense of rape, sexual assault, sexual

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battery, or sexual harassment of a military servicemember, every agency of state or local

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government to include, but not be limited to, state military personnel and investigators shall keep

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confidential the identity, pictures, and images of the alleged victim and the family of the alleged

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victim, except to the extent that disclosure is:

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     (1) Necessary for the purpose of investigation, prosecution or administrative action;

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     (2) Required by law or court order; or

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     (3) Necessary to ensure provision of services of benefits to the victim or the victim's

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family.

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     30-13.1-3. Investigation confidentiality.

 

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     (a) Documents, materials or other information in the possession or control of any agency

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of state or local government, to include, but not be limited to, state military personnel and

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investigators and obtained or disclosed during the course of any report or investigation of an

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alleged rape, sexual assault, sexual battery or sexual harassment of a military servicemember

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shall be confidential by law and privileged, shall not be subject to the access of public records act,

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and shall not be subject to subpoena.

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     (b) Documents, materials or other information subject to the provisions of subsection (a)

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of this section may be disclosed to the extent that disclosure is:

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     (1) Necessary for the purpose of investigation, prosecution or administrative action;

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     (2) Required by law or court order; or

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     (3) Necessary to ensure provision of services or benefits to the victim or the victim's

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family.

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     SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to

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Public Records" is hereby amended to read as follows:

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     38-2-2. Definitions.

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     As used in this chapter:

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     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

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administrative body of the state, or any political subdivision thereof; including, but not limited to:

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any department, division, agency, commission, board, office, bureau, authority; any school, fire,

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or water district, or other agency of Rhode Island state or local government that exercises

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governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

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agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

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any public agency.

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     (2) "Chief administrative officer" means the highest authority of the public body.

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     (3) "Public business" means any matter over which the public body has supervision,

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control, jurisdiction, or advisory power.

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     (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

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books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

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processing records, computer stored data (including electronic mail messages, except specifically

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for any electronic mail messages of or to elected officials with or relating to those they represent

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and correspondence of or to elected officials in their official capacities), or other material

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regardless of physical form or characteristics made or received pursuant to law or ordinance or in

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connection with the transaction of official business by any agency. For the purposes of this

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chapter, the following records shall not be deemed public:

 

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     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

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relationship, including all medical information relating to an individual in any files.

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     (b) Personnel and other personal individually identifiable records otherwise deemed

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confidential by federal or state law or regulation, or the disclosure of which would constitute a

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clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

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however, with respect to employees, and employees of contractors and subcontractors working on

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public works projects that are required to be listed as certified payrolls, the name, gross salary,

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salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

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remuneration in addition to salary, job title, job description, dates of employment and positions

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held with the state, municipality, or public works contractor or subcontractor on public works

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projects, employment contract, work location, and/or project, business telephone number, the city

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or town of residence, and date of termination shall be public. For the purposes of this section

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"remuneration" shall include any payments received by an employee as a result of termination, or

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otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

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vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision.

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     (c) Military servicemember sexual trauma records deemed confidential pursuant to

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chapter 13.1 of title 30.

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     (II) Notwithstanding the provisions of this section, or any other provision of the general

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laws to the contrary, the pension records of all persons who are either current or retired members

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of any public retirement systems, as well as all persons who become members of those retirement

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systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

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section, shall include all records containing information concerning pension and retirement

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benefits of current and retired members of the retirement systems and future members of said

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systems, including all records concerning retirement credits purchased and the ability of any

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member of the retirement system to purchase retirement credits, but excluding all information

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regarding the medical condition of any person and all information identifying the member's

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designated beneficiary or beneficiaries unless and until the member's designated beneficiary or

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beneficiaries have received or are receiving pension and/or retirement benefits through the

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retirement system.

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     (B) Trade secrets and commercial or financial information obtained from a person, firm,

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or corporation that is of a privileged or confidential nature.

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     (C) Child custody and adoption records, records of illegitimate births, and records of

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juvenile proceedings before the family court.

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     (D) All records maintained by law enforcement agencies for criminal law enforcement

 

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and all records relating to the detection and investigation of crime, including those maintained on

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any individual or compiled in the course of a criminal investigation by any law enforcement

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agency. Provided, however, such records shall not be deemed public only to the extent that the

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disclosure of the records or information (a) Could reasonably be expected to interfere with

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investigations of criminal activity or with enforcement proceedings; (b) Would deprive a person

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of a right to a fair trial or an impartial adjudication; (c) Could reasonably be expected to

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constitute an unwarranted invasion of personal privacy; (d) Could reasonably be expected to

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disclose the identity of a confidential source, including a state, local, or foreign agency or

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authority, or any private institution that furnished information on a confidential basis, or the

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information furnished by a confidential source; (e) Would disclose techniques and procedures for

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law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement

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investigations or prosecutions; or (f) Could reasonably be expected to endanger the life or

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physical safety of any individual. Records relating to management and direction of a law

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enforcement agency and records or reports reflecting the initial arrest of an adult and the charge

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or charges brought against an adult shall be public.

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     (E) Any records that would not be available by law or rule of court to an opposing party

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in litigation.

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     (F) Scientific and technological secrets and the security plans of military and law

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enforcement agencies, the disclosure of which would endanger the public welfare and security.

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     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

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charitable contribution to the public body whenever public anonymity has been requested of the

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public body with respect to the contribution by the contributor.

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     (H) Reports and statements of strategy or negotiation involving labor negotiations or

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collective bargaining.

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     (I) Reports and statements of strategy or negotiation with respect to the investment or

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borrowing of public funds, until such time as those transactions are entered into.

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     (J) Any minutes of a meeting of a public body that are not required to be disclosed

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pursuant to chapter 46 of title 42.

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     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

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products, including those involving research at state institutions of higher education on

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commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other

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format; provided, however, any documents submitted at a public meeting of a public body shall

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be deemed public.

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     (L) Test questions, scoring keys, and other examination data used to administer a

 

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licensing examination, examination for employment or promotion, or academic examinations;

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provided, however, that a person shall have the right to review the results of his or her

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examination.

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     (M) Correspondence of or to elected officials with or relating to those they represent and

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correspondence of or to elected officials in their official capacities.

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     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

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evaluations made for or by an agency relative to the acquisition of property or to prospective

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public supply and construction contracts, until such time as all of the property has been acquired

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or all proceedings or transactions have been terminated or abandoned; provided the law of

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eminent domain shall not be affected by this provision.

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     (O) All tax returns.

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     (P) All investigatory records of public bodies, with the exception of law enforcement

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agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

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actions taken, provided that all records prior to formal notification of violations or noncompliance

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shall not be deemed to be public.

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     (Q) Records of individual test scores on professional certification and licensing

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examinations; provided, however, that a person shall have the right to review the results of his or

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her examination.

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     (R) Requests for advisory opinions until such time as the public body issues its opinion.

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     (S) Records, reports, opinions, information, and statements required to be kept

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confidential by federal law or regulation or state law or rule of court.

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     (T) Judicial bodies are included in the definition only in respect to their administrative

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function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

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from the operation of this chapter.

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     (U) Library records that, by themselves or when examined with other public records,

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would reveal the identity of the library user requesting, checking out, or using any library

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materials.

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     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of

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hearing or speech impaired.

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     (W) All records received by the insurance division of the department of business

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regulation from other states, either directly or through the National Association of Insurance

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Commissioners, if those records are accorded confidential treatment in that state. Nothing

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contained in this title or any other provision of law shall prevent or be construed as prohibiting

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the commissioner of insurance from disclosing otherwise confidential information to the

 

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insurance department of this or any other state or country, at any time, so long as the agency or

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office receiving the records agrees in writing to hold it confidential in a manner consistent with

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the laws of this state.

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     (X) Credit card account numbers in the possession of state or local government are

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confidential and shall not be deemed public records.

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     (Y) Any documentary material, answers to written interrogatories, or oral testimony

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provided under any subpoena issued under Rhode Island general law § 9-1.1-6.

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     (Z) Any individually identifiable evaluations of public school employees made pursuant

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to state or federal law or regulation.

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     (AA) All documents prepared by school districts intended to be used by school districts

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in protecting the safety of their students from potential and actual threats.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- MILITARY SEXUAL TRAUMA

CONFIDENTIALITY ACT

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     This act would provide confidentiality protection to military sexual trauma (MST)

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victims.

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     This act would take effect upon passage.

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