12104951D
HOUSE BILL NO. 556
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Science and Technology)
(Patron Prior to Substitute--Delegate Albo)
House Amendments in [ ] -- February 6, 2012
A BILL to amend and reenact §18.2-186.4:1 of the Code of
Virginia, relating to Internet publication of personal information of certain
public officials.
Be it enacted by the General Assembly of Virginia:
1. That §18.2-186.4:1 of the Code of Virginia is
amended and reenacted as follows:
§18.2-186.4:1. Internet publication of personal information
of certain public officials.
A. The Commonwealth shall not publish on the Internet the
personal information of any law-enforcement officer public official
if a court has, pursuant to subsection B, ordered that the officer's
official's personal information is prohibited from publication and the
officer official has made a demand in writing to the Commonwealth,
accompanied by the order of the court, that the Commonwealth not publish such
information.
B. Any law-enforcement officer public official
may petition a circuit court for an order prohibiting the publication on the
Internet, by the Commonwealth, of the officer's official's
personal information. The petition shall set forth the specific reasons that
the officer official seeks the order. The court shall hold a
hearing on the petition and shall issue such an order only if it finds that
(i) there exists a threat to the officer official or a person who
resides with him that would result from publication of the information,
or (ii) the officer official has demonstrated a reasonable fear
of a risk to his safety or the safety of someone who resides with him that
would result from publication of the information on the Internet.
C. If the Commonwealth publishes the law-enforcement
officer's public official's personal information on the Internet
prior to receipt of a written demand by the officer official
under subsection A, it shall remove the information from publication on the
Internet within 48 hours of receipt of the written demand.
D. A written demand made by an officer any public
official pursuant to this section shall be effective for four years as
follows:
1. For a law-enforcement officer, if the officer
remains continuously employed as a law-enforcement officer throughout the
four-year period; and
2. For a federal or state judge or justice, if such public
official continuously serves throughout the four-year period.
E. For purposes of this section:
"Commonwealth" includes means any
agency or political subdivision of the Commonwealth of Virginia;.
"Law-enforcement officer" shall have means
the same definition as set forth as that term is defined in §
9.1-101; [ and in , ] 5 U.S.C. §8331(20),
[ but ] excluding officers whose duties relate to
detention as defined in 5 U.S.C. §8331(20) [ , and any other
federal officer or agent who is credentialed with the authority to enforce
federal law ] .
"Personal information" means home address or any
personal, home telephone numbers; and, personal cell phone
numbers, or personal email address.
"Publication" and "publishes" means
intentionally communicating personal information to, or otherwise making
personal information available to, and accessible by, the general public
through the Internet or other online service.
"Public official" means any state or federal
judge or justice and any law-enforcement officer.
F. No provision of this section shall apply to lists of
registered voters and persons who voted, voter registration records, or lists
of absentee voters prepared or provided under Title 24.2.
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