Deletion Of Child's Name From Criminal Justice Records

Current law requires 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 bill 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 bill 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 bill specifies that the requirement to delete the names and identifying information of child victims and child witnesses does not apply to criminal justice records that solely involve traffic offenses.The bill 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.

Under current law, a criminal justice agency must 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 bill 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 bill specifies that a victim's right to be heard at any court proceeding pursuant to the Victim Rights Act and the Victim Rights Act's notice requirement apply to a hearing for the disclosure of a child victim's or child witness's name and identifying information.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)