Bill Summary for H 28 (2011-2012)

Summary date: 

Feb 2 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 28 (Public) Filed Wednesday, February 2, 2011
TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE LAW ENFORCEMENT OFFICERS AND AGENCIES WITH ANY INFORMATION REQUESTED FOR THE PURPOSE OF LOCATING INDIVIDUALS THAT ARE RECEIVING ANY SERVICES FROM THE DEPARTMENT AND FOR WHOM LAW ENFORCEMENT HAS AN ACTIVE INVESTIGATION OR ANY OUTSTANDING CRIMINAL PROCESS ISSUED BY A JUDICIAL OFFICIAL.
Intro. by Burr, Guice, Ingle, Randleman.

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Bill summary

Enacts new GS 15A-306 as the title indicates. Requires the information request to the Department of Health and Human Services (DHHS) to be in writing. Limits the personal identification information to be released to a law enforcement agency or officer about an individual to the following: (1) the full name; (2) date of birth; (3) Social Security number; (4) addresses on file including past and present; (5) phone numbers on file, past and present; (6) name of any family members; and (7) immediate family members’ addresses and phone numbers, including past and present. Excludes from disclosure information that is prohibited from being released under federal law. Defines immediate family for the purposes of the proposed statute.
Makes it a Class 3 misdemeanor for any employee of the DHHS or its divisions to fail to comply with an information request from a law enforcement agency or officer under subsection (a) of proposed GS 15A-306. Imposes a fine of not less than $200 for the violation. Declares that it is an affirmative defense to assert that federal law prohibits releasing the requested information.
Declares that any law enforcement officer who (1) requests information on an individual who is not the subject of a documented investigation or (2) misuses or maliciously uses the information received for personal gain is guilty of a Class I felony.
Provides that the information obtained under the proposed statute is not a public record, but is admissible as evidence in a court of competent jurisdiction under Chapter 8 of the General Statutes.

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