Looks like our horrible open records rules is the issue with Marsy’s Law
l3wis 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.