1956-S AMH GRAH OMLI 079
SHB 1956 - H AMD 861
By Representative Graham
NOT ADOPTED 02/09/2022
On page 1, line 8, after "(1)" strike "The" and insert "Except as provided in subsection 5 of this section, the"
On page 2, line 20, after "(5)" insert "(a) Except as provided under (b) of this subsection, the exemption provided under subsection (1)(b) of this section does not apply to the records or information contained in records of an incarcerated person who has identified as transgender that are maintained pursuant to the prison rape elimination act if the department of corrections has identified that person, after investigation, to be a perpetrator or a victim of sexual abuse while incarcerated.
(b) The records or information contained in records of an incarcerated person who has identified as transgender that are maintained pursuant to the prison rape elimination act are exempt from disclosure pursuant to this section if the incarcerated person is a victim of rape that occurred while incarcerated. Such records may be disclosed with the permission of the victim.
(6)"
Correct any internal references accordingly.
| EFFECT: Makes records or information contained in records of an incarcerated person who has identified as transgender that are created or maintained pursuant to the Prison Rape Elimination Act not exempt from disclosure if, after investigation, the Department of Corrections has identified that person as a perpetrator or a victim of sexual abuse while incarcerated. Specifies that the records or information contained in records of an incarcerated person who has identified as transgender that are created or maintained pursuant to the Prison Rape Elimination Act remain exempt from disclosure if the incarcerated person is a victim of rape that occurred while incarcerated, unless the victim provides permission for disclosure. |
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