CONSTITUTIONAL AMENDMENT TO PERMIT THE LEGISLATURE TO AUTHORIZE BY LA W THE COMPILATION AND DISCLOSURE TO THE GENERAL PUBLIC OF INFORMATION CONCERNING PERSONS FOUND TO HAVE COMMITTED A SEXUAL OFFENSE

 

Article IV, Section VII, paragraph 12 (added effective December 7, 2000):

12. Notwithstanding any other provision of this Constitution and irrespective of
any right or interest in maintaining confidentiality, it shall be lawful for the Legislature to authorize by law the disclosure to the general public of information pertaining to the identity, specific and general whereabouts, physical characteristics and criminal history of persons found to have committed a sex offense. The scope, manner and format of the disclosure of such information shall be determined by or pursuant to the terms of the law authorizing the disclosure.

INTERPRETIVE STATEMENT

This constitutional amendment would permit the Legislature to enact laws authorizing the compilation and disclosure to the general public of information pertaining to the identity, general and specific whereabouts, physical characteristics and criminal history of persons found to have committed a sexual offense, which information would enable the public to take appropriate precautions to avoid or reduce the possibility of recidivist acts by such offenders. The amendment makes clear that the compilation and disclosure of such information as authorized by the Legislature would not be constrained by any other provision of the Constitution or any right or interest in maintaining confidentiality, and that the Legislature would be authorized to establish by law the scope, manner and format of any such disclosure, which would enable the provision of information via technologically advanced forms such as the Internet.

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