View Amendment Current Amendment: JUD0170.004.docx to Bill 170     Senator HUTTO proposed the following amendment (JUD0170.004):

    Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
    /         SECTION     __.     Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
    "Section 17-5-543.     (A)     Meetings of the Child Fatality Review Team (the "review team") are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the review team is discussing individual cases of child deaths.
    (B)     Except as provided in subsection (C), meetings of the review team are open to the public and subject to the Freedom of Information Act when the review team is not discussing individual cases of child deaths.
    (C)     Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
    (D)     Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both."

    Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/         SECTION     __.     Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
    "Section 17-5-544.     (A)     All information and records acquired by the Child Fatality Review Team in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the review team's duties and purposes.
    (B)     Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
    (C)     Reports of the review team which do not contain information that would permit the identification of a person to be ascertained are public information.
    (D)     Except as necessary to carry out the review team's purposes and duties, members of the committee and persons attending their meeting may not disclose what transpired at a meeting and may not disclose information, the disclosure of which is prohibited by this section.
    (E)     Members of the Child Fatality Review Team, persons attending a committee meeting, and persons who present information to the review team may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the review team or because it is maintained by the review team. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the review team or which is public information.
    (F)     Information, documents, and records of the review team are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the review team or because they are maintained by the review team.
    (G)     Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."         /

    Renumber sections to conform.
    Amend title to conform.