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Introduced Version Senate Bill 470 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

Senate Bill 470

By Senators Woelfel, Ihlenfeld, Rucker, Lindsay, Caputo, Romano, and Woodrum

[Introduced February 26, 2021; referred
to the Committee on Government Organization]

A BILL to amend and reenact §5A-8-21 and §5A-8-22 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5A-8-24, all relating to clarifying that disclosure of certain information such as home addresses are exempt and disclosure would constitute an unreasonable invasion of privacy; relating to the prohibition of disclosure of home address or unpublished telephone number of certain public officials within the justice system; relating to the creation of a cause of action for intentional or reckless disregard for disclosure of protected information of certain public officials within the justice system; providing a procedure for removal request of certain information for certain public officials within the justice system; and providing a cause of action for failure to comply with a removal request of certain information for certain public officials within the justice system.

Be it enacted by the Legislature of West Virginia:



(a) The following personal information maintained by executive, legislative or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure as an unreasonable invasion of privacy to non-governmental entities in documents otherwise subject to disclosure under the provisions of chapter twenty-nine-b [§§ 29B-1-1 et seq.] §29B-1-1 et seq. of this code:

(1) An individual’s home address;

(2) An individual’s Social Security number;

(3) An individual’s credit or debit card numbers;

(4) An individual’s driver’s license identification number; and

(5) An individual’s marital status or maiden name.

(b) It is the policy of the State of West Virginia that the information enumerated in subsection (a) of this section is personal and confidential and should only be released to non-governmental entities for such purposes as are authorized by federal law or regulation, a provision of this code or a legislative rule promulgated pursuant to the provisions of chapter twenty-nine-a [§§ 29A-1-1 et seq.] §29A-1-1 et seq. of this code.

§5A-8-22.  Personal information maintained by state entities.

(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents, is personal information, exempted from disclosure as an unreasonable invasion of privacy under the provisions of article one, chapter twenty nine-b §29B-1-1 et seq. of this code, and may not be released to non-governmental entities:

(1) An individual’s Social Security number; or

(2) An individual’s credit or debit card number.

(b) Notwithstanding the provisions of subsection (a) of this section, the information enumerated in said subsection may be released for such purposes as are authorized by federal law or regulation, a provision of this code or a legislative rule promulgated pursuant to the provisions of chapter twenty-nine-a of this code §29A-1-1 et seq.

§5A-8-24.  Protection of personal information relating to judicial officers, prosecutors, and law-enforcement officers.

(a) This section shall be known as “Daniel’s Law.”

(b) This act shall be liberally construed in order to accomplish its purpose and the public policy of this state, which is to enhance the safety and security of certain public officials in the justice system, including judicial officers, prosecutors, and law-enforcement officers, who serve or have served the citizens of West Virginia, and the immediate family members of these individuals, to foster the ability of these public servants who perform critical roles in the justice system, and to carry out their official duties without fear of personal reprisal from affected individuals related to the performance of their public functions.

(c) Definitions. — As used in this section:

(1) “Disclose” means to publish, publicly display, distribute, deliver, circulate, post, lend, provide, advertise, or disseminate by any means including, but not limited to, electronic transmission and on any medium including, but not limited to, the internet.

(2) “Immediate family member” means spouse, child, parent, or any other family member related by blood or by law to the judicial officer, prosecutor, or law-enforcement officer who lived in the same residence.

(3) “Judicial officer” means the Chief Justice or Associate Justice of the United States Supreme Court, Judge of the United States Court of Appeals, Judge of a federal district court, Magistrate Judge of a federal district court, any other Judge for a court established by federal law, Chief Justice or Associate Justice of the West Virginia Supreme Court of Appeals, Circuit Judge, Family Law Judge, Magistrate, Administrative Law Judge, Municipal Court Judge, any other judge established by state law.

(4) “Law-enforcement officer” shall have the same definition as that term is defined in W.Va. Code Section 29B-1-2.

(5) “Prosecutor” means the United States Attorney or his or her Assistant United States Attorneys, any other prosecutor established by federal law, Attorney General of the State of West Virginia and his or her Assistant Attorneys General, a county Prosecuting Attorney and his or her Assistant Prosecuting Attorneys, and any other prosecutor established by state law.

(d) Unless first obtaining written permission from the individual, a State or local government agency shall not knowingly disclose, re-disclose, or otherwise make available the home address or unpublished home telephone number of any active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer.

(e) Unless first obtaining written permission from the individual, a person, business, or association shall not disclose, re-disclose, or otherwise make available the home address or unpublished home telephone number of any active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer under circumstances in which a reasonable person would believe that providing that information would expose another to harassment or risk of harm to life or property.

(1) A civil action may be maintained for any violations of subsection (e) of this section by the active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer, or any other person residing at the home address of the active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer. 

(2) The court may award actual damages, but not less than $1,000 for each violation of this act; punitive damages, if applicable and in accordance with §55-7-29 of this code, reasonable attorney’s fees and other litigation costs reasonably incurred, and any other preliminary or equitable relief as the court deems appropriate.

(f) Any active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer whose home address or unpublished telephone number is disclosed, re-disclosed, or otherwise made available by any person, business, or association may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information to refrain from that action and remove the information.

(g) Any immediate family member of any active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer whose name, home address, or unpublished telephone number, which may be used alone or in conjunction with any other information to identify the person as the family member of an active, formerly active, or retired judicial officer, prosecutor, or law-enforcement officer, is disclosed, re-disclosed, or otherwise made available by any person, business, or association may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information to refrain from that action and remove the information.

(1) A request to refrain and remove information pursuant to subsection (g) of this section shall be made in writing and addressed to the person, business, or association that disclosed, re-disclosed, or otherwise made available the information.

(2) Upon receipt of a written request to refrain and remove information, the person, business, or association that disclosed, re-disclosed, or otherwise made available the information shall have 72 hours to remove that information.

(3) Failure to comply with a request to refrain and remove information made pursuant to (g)(1) of this section is actionable and the court may award injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay reasonable attorney’s fees and other litigation costs reasonably incurred by the judicial officer, prosecutor, law-enforcement officer, or immediate family member thereof, as applicable and appropriate.

 

NOTE: The purpose of this bill is to implement “Daniel’s Law” for the protection of the home address and unpublished telephone number of certain public officers (judicial officers, prosecutors, and law-enforcement officer) to ensure their and their families’ safety and permit them to do their public duties without fear of physically harmful public reprisal.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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