HB 5621
Prosecutor FOIA Bill
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill seeks to exempt the Office of the Prosecuting Attorney in West Virginia from the West Virginia Freedom of Information Act (FOIA). It clarifies that the Prosecuting Attorney’s office is not considered a custodian of records and therefore, requests for information submitted to them are not subject to FOIA disclosure requirements. The bill specifically outlines categories of information that are already exempt under the FOIA, including those related to law enforcement investigations and certain security plans.
Key provisions
- Clarifies that the Office of the Prosecuting Attorney is not a custodian of records under the West Virginia Freedom of Information Act.
- Reinforces existing exemptions related to law enforcement records (crime detection, investigation, and internal records).
- Maintains exemptions for trade secrets and proprietary information.
- Preserves exemptions for examination data and records related to licensing examinations.
- Retains exemptions for information related to terrorist threats and security plans.
- Includes exemptions for personnel information of law enforcement officers.
- Specifies exemptions for customer information related to utility services.
- Defines ‘terrorist act’ for the purpose of these exemptions.
Who is affected
- The Office of the Prosecuting Attorney in West Virginia
- Individuals requesting information from the Prosecuting Attorney’s office
- The public seeking access to records held by the Prosecuting Attorney’s office
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