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Committee approves bill to clarify law‑enforcement investigation exemption in open-records law
Summary
House Bill 520, intended to clarify and protect ongoing law‑enforcement investigations from open‑records disclosures, passed the committee after sponsors and law‑enforcement groups argued the exemption prevents compromising multijurisdictional cases; some lawmakers raised concerns about potential use to conceal misconduct.
Representative Chris Fugate introduced House Bill 520 and said the bill would clarify the law‑enforcement investigation exemption to the Kentucky Open Records Act to protect ongoing investigations that span multiple jurisdictions.
Fugate, a former state police trooper, told the committee that releasing parts of an open investigation could jeopardize related investigations in other jurisdictions and, in some cases, put lives at risk. "If you have to give the names of witnesses or informants or even undercover officers in a case, you could damage not just the case, but cost the life of a police officer," he said.
Committee members acknowledged the competing public interest in transparency. Representative Watkins said public distrust of law enforcement is a concern and asked how the bill balances protecting investigations while keeping the public informed. Fugate and other law‑enforcement witnesses said they support transparency once investigations conclude but argued confidentiality is necessary during active, multijurisdictional investigations. Fugate said confidential investigations can later be released when appropriate evidence and indictments are ready.
Several law‑enforcement organizations were listed with the sponsor at the hearing, including the Kentucky League of Cities, Kentucky Police Chiefs Association and Kentucky Sheriffs Association.
Some members voiced concern about safeguards to prevent the exemption from being used to conceal misconduct. Fugate said misconduct should have no protection and that he supported release once cases are ready for public release; he also referenced his experience investigating misconduct and said confidentiality protects the integrity of those inquiries.
The committee voted 16 yes, 2 no and 1 pass to report House Bill 520 favorably.
The bill advances to the House floor; committee discussion focused on balancing transparency with investigative integrity and on building safeguards to prevent misuse of the exemption.
