Props to Kelli Volk at KELO-TV for doing research on our open records rules in our state and others. It seems Law Enforcement is reacting to our local laws when it comes to Marsy’s Law, more then the actual rules of Marsy’s Law.
Image: KELO-TV
In both California and Illinois, when the law took effect it was business as usual. Â But both of those states have much different open records laws than in South Dakota.
California’s law says public information is a “fundamental and necessary right for every person in the State.” Â The law in Illinois says “all persons are entitled to full and complete information.”
South Dakota’s open records law says records are public, “unless any other statute, ordinance or rule expressly provides that information or records may not be made public.”
And Marsy’s Law has one line that may do just that. Â It gives victims the right to prevent some information from being made public if it could be used to locate or harass the victim or the victim’s family.
It seems the way to fix the transparency issue with reporting crimes comes down to changing our state’s open records laws not changing Marsy’s Law.
I think SF’s hissy fit has much more to do with hiding than it does the new law.
I would agree, I think they are using it as an excuse to be less transparent. They already don’t release mug shots and body audio, this was just the final straw. I think they are still embarrassed over the Tut Hill Ghost incident. Besides, are SFPD is very busy working on important things;
https://www.youtube.com/watch?v=JjdH5MuNGmc
At least the Tuthill ghosts were transparent. What the city needs is more regulation to confuse with other regulation they’ll ignore anyway.
Legislation should be drawn for the next session prohibiting anyone from re-broadcasting, forwarding or posting any form of public safety radio transmissions. Don’t think this couldn’t happen. Marsy’s Law almost necessitates this.