SB 149: Score=3
Sponsor: Sen. Jacob Candelaria (D-Bernalillo)
Problems: This bill would expand what the government can withhold from the public under the law enforcement exception to the Inspection of Public Records Act — perhaps the most broadly abused, most frequently misinterpreted exception in the state sunshine law. Its well-meaning intent — to protect witnesses to and victims of certain crimes — notwithstanding, the bill would further limit the public’s ability to see how law enforcement officers do their jobs and hold them accountable when they go too far.
Unique to this bill: As originally conceived, SB 149 had the potential to keep entire law enforcement records, long understood to be public, from disclosure in cases involving a broad range of commonly committed crimes. It also could have allowed the government to shield law enforcement officers who were “witnesses” to certain crimes from public scrutiny. Finally, the bill is in some ways redundant, both in law and in practice: Many law enforcement agencies already redact crime victims’ names from police reports under the existing law enforcement exception, and lawmakers would be hard-pressed to find a news organization that reports the names of, for example, rape victims. Some of the bill’s most egregious portions have been rolled back through the committee process. The Rio Grande Chapter appreciates that Sen. Candelaria listened to the concerns of transparency advocates and amended the bill. However, the chapter believes there should be more transparency on the activities of law enforcement, not less. This bill does not serve the public or the people it purports to protect, but it could have been worse.
