The House on Thursday passed legislation that would allow the public to view past police investigative records.
Sponsored by Del. Chris Hurst (D-Montgomery County), the bill passed the Democratic-majority body by a vote of 59-Y 37-N, and three not voting, mostly along party lines except for five Republican delegates voting on the prevailing side.
The bill calls for criminal investigation files to be released to the public in the Commonwealth once the case is over or, for cases that have not been prosecuted, three years after the incident happened, possibly ending the long practice of law enforcement hiding almost all of their files from the public eye.
“We are trying to increase transparency and accountability for law enforcement across the Commonwealth and also try to seek justice for those who have not been able to get it so far,” Hurst said in an interview with The Virginia Star. “[The bill would] help with greater understanding of transparency for things like officer-involved shootings or unsolved deaths and unsolved cases. And the other thing too is to try and help those that have been wrongfully convicted.”
The records that contain criminal incident information, including the reported criminal activity, date and time and the identity of the investigating officer, adult arrestee photographs, records of completed unattended death investigations to the parent or spouse, and information of the arrestee are required to be released.
Nevertheless, law enforcement agencies and the state attorney can petition to a judge for specific information within criminal case files to not be released if that information would likely jeopardize an ongoing investigation or prosecution, the safety of an individual or cause a suspect to flee or evade capture.
Records that are exempt from release under the bill include prisoners in Virginia facilities, tactical plans of law enforcement, any portions containing information on undercover operations or protective details and the identity of victims, witnesses or undercover officers, among others.
The identity of people anonymously providing information about a crime or criminal activity is also exempt.
Del. Glenn Davis (R-Virginia Beach), along with some of his Republican colleagues, have concerns about the bill actually helping criminals, while hurting law enforcement and victims instead.
“I think we have to be very careful to not provide an avenue for criminals who commit a heinous act to have insight into an investigation or where an investigation sits to allow them to be proactive with future actions,” Davis said.
Del. Robert Bloxom (R-Virginia Beach) shares a similar sentiment.
“In my mind we are not paying enough attention to the victims and to the men and women in uniforms,” Bloxom said. “We’re actually, I think, catering to the criminals and at some point I guess you have to pick and choose, but I just don’t like the direction of this.
Dana G. Schrad, the executive director of the Virginia Association of Chiefs of Police, told the Daily Press that the association opposes efforts to make investigative files public without law enforcement’s discretion.
When asked if the bill will pass the Senate, Hurst said he has been speaking with some Senators and is hopeful that they will listen to the testimony and pass the legislation.
The Senate convenes Tuesday afternoon and then Wednesday morning.
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Jacob Taylor is a reporter at The Virginia Star and the Star News Digital Network. Follow Jacob on Twitter. Email tips to [email protected]
