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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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AO-08-05
July
19, 2005
Corinne N. Geller
Public Relations Manager
Department of State Police
Richmond, Virginia
The
staff of the Freedom of Information Advisory Council is authorized
to issue advisory opinions. The ensuing staff advisory opinion
is based solely upon the information presented in your letter
of May 27, 2005.
Dear
Ms. Geller:
You
have asked for advice, in light of Freedom of Information
Advisory Opinion 02 (March, 2005) ("AO-02-05"),
regarding the release of motor vehicle accident reports that
contain information concerning juveniles under §§
46.2-379 and 46.2-380 of the Code of Virginia. Please be advised
that AO-02-05, which related to the release of juvenile records,
was rescinded subsequent to your request. Please see Freedom
of Information Advisory Opinion 07 (June, 2005) ("AO-07-05")
for further details. You did not specify any further factual
background for this question.
Section
46.2-379 appears to place an affirmative duty upon the Department
of Motor Vehicles (DMV) to disclose certain information upon
the request of any person. It does not mention the Department
of State Police (DSP). We suggest that you contact your representative
at the Office of the Attorney General to determine whether
this section applies to DSP, as such a determination is outside
the authority of this office. Subsection A of § 46.2-380
places a duty upon both DMV and DSP to disclose motor vehicle
accident reports to certain persons listed within the statute.
Subsection B of § 46.2-380 addresses record maintenance
issues concerning photographic negatives. Neither § 46.2-379
nor § 46.2-380 distinguishes between accident reports
involving adults and those involving juveniles.
AO-07-05 makes clear that the provisions of § 2.2-3706
of FOIA supersede the provisions of other statutes that may
conflict with § 2.2-3706. To the extent part or all of
an accident report falls under the provisions of § 2.2-3706,
therefore, the provisions of § 2.2-3706 are controlling.
Only one provision of § 2.2-3706 differentiates between
juveniles and adults: subsection C states that [i]nformation
in the custody of law-enforcement agencies relative to the
identity of any individual, other than a juvenile, who is
arrested and charged, and the status of the charge or arrest
shall be released. If an accident report contains such
information, then subsection C is controlling. Keeping in
mind that the focus of your question is whether accident reports
containing information concerning juveniles must be treated
differently than accident reports concerning adults, the answer
is that other than information falling under subsection C
of § 2.2-3706, the rules are the same regardless of whether
the information in an accident report concerns juveniles or
adults.
Thank
you for contacting this office. I hope that I have been of
assistance.
Sincerely,
Maria
J.K. Everett
Executive Director
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