House File 5 - Introduced HOUSE FILE 5 BY JONES A BILL FOR An Act relating to the confidentiality of search warrant 1 information in a criminal case resulting in an acquittal or 2 a dismissal. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1047YH (4) 88 as/rh

H.F. 5 Section 1. Section 808.13, Code 2019, is amended to read as 1 follows: 2 808.13 Confidentiality. 3 1. All Except as otherwise provided in subsection 2, all 4 information filed with the court for the purpose of securing 5 a warrant for a search, including but not limited to an 6 application and affidavits, shall be a confidential record 7 until such time as a peace officer has executed the warrant 8 and has made return thereon. During the period of time that 9 information is confidential it shall be sealed by the court, 10 and the information contained therein shall not be disseminated 11 to any person other than a peace officer, magistrate, or 12 another court employee, in the course of official duties. 13 2. All information filed with the court for the purpose 14 of securing a warrant for a search or seizure of property in 15 a criminal case that results in an acquittal or the dismissal 16 of all criminal charges, including a dismissal relating to a 17 deferred judgment under section 907.9, upon such acquittal or 18 dismissal, shall be a confidential record, shall be sealed by 19 the court, and shall not be disseminated to any person other 20 than a peace officer, county attorney, magistrate, or another 21 court employee, in the course of official duties. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the confidentiality of search warrant 26 information in a criminal case resulting in an acquittal or a 27 dismissal. 28 Under current law, all information filed with the court for 29 the purpose of securing a search warrant is a confidential 30 record until a peace officer has executed the warrant and 31 has filed a return of service with the court. During the 32 confidentiality period, the information shall be sealed by the 33 court and the information cannot be disseminated to any person 34 other than a peace officer, county attorney, magistrate, or 35 -1- LSB 1047YH (4) 88 as/rh 1/ 2

H.F. 5 another court employee, in the course of official duties. 1 The bill provides that all information filed with the court 2 for the purpose of securing a warrant for a search or seizure 3 of property in a criminal case that results in an acquittal or 4 the dismissal of all criminal charges, including a dismissal 5 relating to a deferred judgment under Code section 907.9, upon 6 such acquittal or dismissal, shall be a confidential record, 7 shall be sealed by the court, and shall not be disseminated to 8 any person other than a peace officer, magistrate, or another 9 court employee, in the course of official duties. 10 -2- LSB 1047YH (4) 88 as/rh 2/ 2