HB 1640

ON APRIL 6, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1881, AS AMENDED. AMENDMENT #1 c larifies that all records possessed by the office that describes protected critical infrastructure facilities and critical infrastructure, as defined within present state and federal law, and the security related to those described are confidential. This amendment also clarifies that all records that are designated by the commissioner of safety or the commissioner's designee as describing or relating to protected critical infrastructure facilities and critical infrastructure are confidential. This amendment also a dds that the following records are confidential:  Records involving acts of terrorism, as defined within present law, against critical infrastructure facilities and critical infrastructure are confidential.  All records involving vulnerability or security assessment information for specific locations, including risk and vulnerability assessments, penetration test results, security or emergency response plans, schematics, floor plans, utility layouts, access control configurations, camera placements and coverage, alarm specifications, guard-force posture, response times, cybersecurity architecture and defensive configurations, suspicious activity reporting with identifying details, threat streams and indicators of compromise, and other operational details that could be used to exploit a weakness are confidential. Unless otherwise required to be confidential by law, video footage of an alleged crime is open to public inspection. However, such footage may be redacted to protect vulnerability or security assessment information for specific locations.  All records regarding specific threat information relating to acts of terrorism, as defined in present law, targeted violence, sabotage, or foreign adversary activity are confidential. As used in this amendment, "foreign adversary"" means a nation specified in federal regulations.  All records involving intelligence sharing and sensitive capabilities that are received from, produced for, or shared with a federal, state, local, tribal, territorial, or private-sector partner that are marked, designated, or accompanied by restrictions indicating the information is sensitive security information, homeland security information, or otherwise restricted from public release by the originating entity, to the extent disclosure would reveal security capabilities, analytical tradecraft, operational methods, or specific threat indicators are confidential.  All records regarding threats against and vulnerabilities of public officials, political candidates, judges, prosecutors, law enforcement officers, or other persons for whom protective operations are conducted or contemplated are confidential. The office of homeland security must provide an annual report to the general assembly by January 31 of each year with the number of threats against public officials investigated by the office in the prior year and the number of threats that resulted in criminal charges or a prosecution. U nless otherwise confidential by law, this amendment does not prohibit the disclosure of records relating to an investigation of alleged misconduct by a law enforcement officer, an investigation of excessive use of force, or an investigation into a violati on of department policies, practices, or standards. Unless otherwise confidential by law, this amendment also does not require information to be redacted from an affidavit, warrant, charging instrument or other judicial record. This amendment also provides that r ecords of state or local costs associated with private-sector partners are not confidential. However, t he identity of a private-sector partner is confidential as required under state or federal law. This amendment requires the office of homeland security, unless otherwise confidential by law, to release basic information about an arrested person, an arrest, or a crime, including the offense description, location, time and date of the alleged crime, identification of investigating officers, a narrative description of the incident, arrest informati on, and names of involved parties."