House amendment makes the following changes to 2nd edition. Deletes proposed GS 126-28.1, which imposed penalties on public officials or employees providing offenders access to personnel files. Deletes amendments to GS 14-258.1, which imposed penalties on offenders possessing prohibited records. Makes conforming changes, and makes a conforming change to the bill title.
Bill Summaries: H348 (2011-2012 Session)
Tracking:
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Bill H 348 (2011-2012)Summary date: May 17 2011 - View summary
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Bill H 348 (2011-2012)Summary date: May 9 2011 - View summary
House committee substitute makes the following changes to 1st edition. Adds language in various sections of the bill to qualify that the prohibition to access of certain public records, as provided by the bill, is contingent on the absence of a court order authorizing access to, custody, or possession of such records.
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Bill H 348 (2011-2012)Summary date: Mar 14 2011 - View summary
Amends GS 126-23 (certain records to be kept by state agencies open to inspection) by enacting new (d) to provide that individuals in the custody of, or under the supervision of, the Department of Corrections and those in the custody of local jails are not entitled to access to and are prohibited from obtaining the records that are made public under the statute.
Enacts new GS 126-28.1 to make it a Class 3 misdemeanor, with a fine of up to $500, for any public official or employee to knowingly and willingly provide access to or custody or possession of any portion of a public employee record to persons prohibited from obtaining them under new GS 126-23(d). Amends GS 14-258.1 to make it a Class 1 misdemeanor to knowingly (1) give public employee records obtained under GS 126-23 to those prohibited from obtaining them under new (d) or (2) give or sell those records to a person for delivery to persons who are prohibited from obtaining those records under (d). Also makes it a Class 1 misdemeanor for a person in the custody or under the supervision of the Department or Correction or in the custody of a local jail to possess public employee records that the individual is prohibited from obtaining. Effective December 1, 2011.