Measures To Prevent The Misuse Of Safe2Tell

The act allows the attorney general to disclose to law enforcement personnel any materials or information obtained through the implementation or operation of the safe2tell program (program) if the attorney general reasonably deems such disclosure necessary for the prevention of imminent physical harm or serious bodily injury to one or more persons.

The act permits a court to issue a court order for production of records upon the request of a law enforcement agency, public safety agency, or district attorney, under seal, for program materials identifying a reporting party if the court, following an in camera review, determines probable cause exists that a reporting party to the program knowingly used the program in the commission of false reporting of an emergency and release of program materials is justified on balance in view of the probable violation and the program purpose of anonymity. The court may lift the sealing only on a motion of a district attorney upon showing of good cause following an in camera review of the information. If charges are filed against a person that rely on the information provided pursuant to the court order, the sealing order automatically expires and the information is subject to discovery obligations.

The program produces awareness and educational materials for the program. The act requires those materials to include an explanation of the circumstances when a student's report may not remain anonymous.

(Note: This summary applies to this bill as enacted.)