Politics & Government

State Legislature Mulls Amending FOIA

Summerville representative sponsors Freedom of Information Act amendment, which expands exemptions for law enforcement supplying information to the public.

SUMMERVILLE — Raising the hackles of watchdogs throughout the state, Rep. Chris Murphy of Summerville has proposed amendments to the state's Freedom of Information Act statute "to protect the integrity of the criminal trial process" and to bring it in line with federal and neighboring state laws.

The amendment, concerned primarily with law enforcement, was introduced Feb. 7 and currently sits in the House judiciary committee. The original law was passed in 1976. 

Here is what the amendment does:

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  • Adds "Information to be used in a prospective law enforcement action or criminal prosecution" to the list of items that may be exempt. 
  • Removes the word "relationships" and rewrites a section as: "Correspondence or work products of prosecutors or other legal counsel for a public body and any other material that would violate attorney-client privileges or undermine the open communication among victims, law enforcement, and prosecutors."

According to Murphy, editorial boards throughout the state are throwing his amendment, H 4740, in line with President Barack Obama's healthcare reform as the worst legislation ever. 

"I'm getting many from press saying this is a police state etc.," Murphy said. It's a charge Murphy resoundingly denies. 

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"This amendment to the FOIA bill is nothing more than bringing it more in line with the federal FOIA statutes and the guidelines," Murphy said. "This will have no effect on the public's ability to have information on crime."

When asked exactly how this would affect a journalist prior to a trial and if it would prevent access to incident reports, such as provided in Dorchester County for the pastor who allegedly sexually assaulted and kidnapped multiple women, Murphy said it would be up to the law enforcement agency.

Murphy cited the murder of a police officer in Aiken, an incident which was caught on the agency's dash camera. News outlets in the area have sought access to the video. But Murphy said that doesn't provide information to the public, it's just for driving news ratings.

"That is an essential piece of evidence in the case," Murphy said. "The very release jeopardizes not only the victim's family but also the defendant's right to a fair trial."

And that doesn't mean it won't be released after the trial. 

"(The amendments do) nothing to suppress information permanently for anyone," 9th Circuit Solicitor Scarlett Wilson said. 

Murphy said state solicitors contacted him urging for the amendments. 

"It's a step in the right direction," Wilson said. "Those are important things that we need to respect and protect while a case is pending."

Like Murphy, Wilson also said the media was "twisting" the proposed amendment. 

For journalists, the national act and state statute is the last line of defense for government transparency, allowing them to access records as the public's watchdog. If an government agency is not forthcoming with information detailed in records, the journalist can always submit a FOIA request. 

The act takes on a life of its own in the journalism world, often pronounced "foya" and transforming into a verb (as in: "I just FOIAed the Department of Health and Environmental Control for the records"). 

In the state, journalists have recently used the act to shed light on actions within the governor's administration. At Summerville Patch, the most recent FOIA request led the release of this 9-1-1 call made during a home invasion in Ridgeville

As is, the statute provides very little teeth but at least provides an avenue for journalists to hunt down information. 

Other sponsors of the amendment include: Rep. Peter McCoy of Charleston, Rep. Mike Sottile of Charleston, Rep. Edward Southard of Berkeley County, Rep. James Merrill of Berkeley County, Rep. Todd Atwater of Lexington, Rep. Kenny Bingham of Lexington, Rep. Bill Crosby of Charleston, Rep. Joe Daning of Berkeley County, Rep. Dan Hamilton of Greenville, Rep. Robert Harrell of Charleston, and Rep. Jenny Horne of Dorchester County. See the bill for a full list of sponsors.


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