January 26th, 2008

Violence Registries

I guess the sex offender registries have been a sufficiently popular idea that states are continuing to create boutique criminal records databases. Baltimore, Maryland recently approved legislation that would create a public Gun Offenders Registry, requiring those convicted of gun related offenses register their name, address, and photograph with the police department. As yet, a Web database is not available.

California could become the first state to have a Domestic Violence Offenders Registry.

Minnesota, Tennessee and Illinois have Methamphetamine Offenders Registries. Montana includes convicted meth manufacturers in its Sexual and Violent Offender Registry. Oklahoma lists the offenses that require registration in its Sex and Violent Crime Offender Registry. Georgia, Kansas Kentucky and Connecticut briefly considered adding a violent offender registry to their roster of convicted criminal databases. Similar legislation is still alive in Hawaii.

The Illinois State Police maintains the Child Murderer and Violent Offender Against Youth Registry.

The flush of interest in drug dealer registration faded in Maine, New Mexico and Illinois last year, but is still alive in New York. New Mexico has a DWI Offender Database.

Find out if a Michigan drivers license is valid or has been suspended or revoked by searching the Repeat Offender Inquiry.

And, on the meth makers theme, the DEA National Clandestine Laboratory Register, “contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites.”

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March 15th, 2007

This week in public records - Florida - Oregon - Kansas - Georgia

Add Florida to the list of states that are concocting ill conceived “identity theft” legislation. Before long it’ll be a crime to know another person’s name. HB 1117 seeks to make possession of personal identifying information on a person without their prior approval a felony. The legislative staff analysis provides a summary.

HB 1117 also creates a new section of statute which provides that any person who willfully possesses “sensitive personal information” concerning an individual without first obtaining that individual’s consent commits a third degree felony. The term “sensitive personal information” is defined to mean any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual
including any:
• Alien registration number
• Government passport number
• Employer or taxpayer identification number
• Medicaid or food stamp account number
• Bank account number
• Credit or debit card number
• Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation

Unlike the identity theft statute, this section will not require proof that the person possessed the sensitive personal information with intent to fraudulently use it – only that the person willfully possessed it without first
obtaining permission of the individual.

Florida Bill HB 1211 would make distributing personal information without that person’s permission a misdemeanor. Are legislators being lazy in crafting laws that are so broad, or are they trying to bring legitimate business and the functions of the courts to a complete standstill?

HB 1213 bars the release of personal identifying information in public records. Other proposed legislation would remove certain information from court files and restrict the release of motor vehicle records.

I’d like to hear from private investigators, attorneys and journalists in Florida about the prospects of these measures. I sure hope they’re all working together.
AP story: Scores of legislative bills seek to limit public’s access to Florida records

On a more upbeat note, an Oregon government site has created a directory and search engine for locating databases of city, county, state and federal licenses, certifications, permits, and registrations. Quickly locate the Web site to lookup professional licenses and business permits. This is an ongoing project and most of the current links are state agencies.

A Kansas newspaper editorial elucidates just one of the many reasons why the Kansas Supreme Court’s mandate that government agencies redact personal information before releasing records to the public is harmful. The case is Data Tree, LLC v. Bill Meek, Sedgwick County Register of Deeds.

Unsolved criminal case files may be public records, not necessarily “open investigation” cases, according to the Georgia Court of Appeals. The court sided with the newspaper in, Athens Newspapers, L.L.C. v. Unified Government of Athens-Clarke County, which asserted that a 1992 unsolved murder case was dormant and the police were defeating the purpose of the Open Records Act by claiming the case was still pending.

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March 15th, 2007

Georgia Governor Makes Executive Appointment of Private Investigator

Governor Purdue has appointed Patricia Barrow Mincey, 45, to the Georgia Board of Private Detective and Security Agencies.

Patricia is a Savannah, Private Detective/ Security Agency Member – owner and lead investigator of Executive Strategies and a contract investigator with US Investigations.

She served as a corporate fraud manager for Food Lion Stores, a division of Delhaize Corporation, and a loss prevention manager for Kmart Corporation. She is a member of the National Council of Investigation and Security Services, the International Graphoanalysis Society, the Association of Certified Fraud Examiners and the Georgia Association of Professional Private Investigators Board of Directors.

Patricia Mincey attended the University of Georgia, Georgia Southern University, and Armstrong Atlantic State University. She and her husband, Ron, have one grown daughter.

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January 5th, 2007

This week in public records: new federal government site - New Hampshire - Michigan - Ohio - Wisconsin

UPDATE: The FirstGov site has changed its site name and URL to USA.gov. An added feature is Live Assistance, a real time Web chat service to find out about “federal agencies, programs, benefits, or services.”

The government Web portal for Georgia is announcing a name change for the federal government site Firstgov.gov, due January 11.

The official Web portal of the U.S. government is changing its name — to USA.gov. FirstGov.gov will become USA.gov and FirstGov en español.gov will become GobiernoUSA.gov.

The reason? “It is cumbersome to say and difficult to remember. On the other hand, “USA.gov” clearly describes the site.”

The New Hampshire Supreme Court has directed the state Attorney General to explain his reasoning that police investigatory files are not subject to the Right-To-Know law, New Hampshire’s public records act. [Thanks: MediaLaw]

The Michigan governor has signed into law a restriction on the release of statements given by law enforcement officers involved in internal affairs investigations.

AP reports that a new law allows Ohio reporters, but not the general public, to examine gun permits but not to copy them.

The Ohio Supreme Court decided that a publicly funded, privately run mental heath service is not subject to the public records law, even though it operates almost entirely on government funds.

Well, at least the Wisconsin Appeals Court recognizes that a government agency cannot hand off to a private company requests by the public for real property records.

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July 18th, 2006

California Supreme Court slams out of state telephone recordings

The California Supreme Court has sided with plaintiffs in their complaint against a bank that recorded telephone conversations that originated in Georgia but terminated in California. Georgia allows one-party consent to audio recording of telephone calls but California requires the permission of all parties.

Although Georgia and most other states permit taping of phone conversations as long as one person consents, Kearney and Levy argued that the bank’s actions violated California’s 39-year-old Invasion of Privacy Act, which — similar to 10 other states — prohibits the recording of any communication without the permission of all affected parties.

The SoCal Law Blog questions the application of the California court’s notion that this state’s privacy law is superior to others.

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