Closure of records not in the public interest

As the Missouri Legislature begins to wrap up its session May 13, it is apparent several bills won't win passage in time. This is normal, as there are so many pieces of legislation on the docket for consideration.

One such bill that likely will not see passage this term is House Bill 2473, which would prohibit law enforcement from releasing records "containing personally identifable health information, unless such information is redacted or a court orders disclosure." Reports of suicide or attempted suicide would be closed records.

On April 28, the House overwhelmingly passed the measure, proposed by a state representative who drew media attention after trying to kill herself last year.

State Reps. Kathy Swan, R-Cape Girardeau, and Donna Lichtenegger, R-Jackson, were two of only nine representatives voting to oppose the bill, arguing the measure was too broad. According to the Missouri Press Association, the bill would limit public access to reports on a variety of incidents, from shootings to traffic accidents.

"[W]hen a shooter is at large or when a law enforcement officer has been wounded, for example, there is an overriding public interest in such information being released," the Missouri Press Association said.

Lichtenegger told the Southeast Missourian she sympathizes with the bill's sponsor, but said the measure would close law-enforcement records that should be open to the public.

The Southeast Missourian's policy is not to report on suicide or attempted suicide unless the act takes place in a public manner; such tragedies are intensely personal to the victims and their loved ones. However, the public does have a need to know when an elected official is involved.

Open records are crucial to the public interest. Any attempt, no matter how broad or narrow, to close public records should be examined thoroughly. We give credit to Swan and Lichtenegger for voting against HB 2473.