Essentially, SB 1467 exempts criminal investigative files as long as they are "active or ongoing." Based on the Council's 2010 study of SB 711, it is difficult to determine when an investigation becomes inactive or closed. Staff also noted that the SB 711 subcommittee recommended a rewrite of § 2.2-3706 to make it more easily read and understood, but that recommendation did not go forward because of the concern of unnecessary tinkering in an election year
. Staff advised that the issue has remained the same over the years--reporters and others want greater access to criminal investigative files and law-enforcement agencies routinely fail to exercise any discretion because of concern for the myriad of personal and other information contained in a criminal investigative file
, coupled with the time it takes to review the file. Council member Craig Fifer, who also chaired last year's subcommittee, told the Council that the issue was not going to go away because of significant interest by many parties. He suggested that a subcommittee be appointed, at a minimum, to facilitate further discussion in the hopes of an acceptable resolution. Chairman Houck continued the subcommittee from 2010, which consists of Council members Fifer, Treadway, Selph, and Schliessmann.