HF 5 (LSB 1047YH (4) 88)

HOUSE FILE 5

BY  JONES

A BILL FOR

An Act relating to the confidentiality of search warrant information in a criminal case resulting in an acquittal or a dismissal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 808.13, Code 2019, is amended to read as follows:
   808.13  Confidentiality.
   1.  All Except as otherwise provided in subsection 2, all information filed with the court for the purpose of securing a warrant for a search, including but not limited to an application and affidavits, shall be a confidential record until such time as a peace officer has executed the warrant and has made return thereon. During the period of time that information is confidential it shall be sealed by the court, and the information contained therein shall not be disseminated to any person other than a peace officer, magistrate, or another court employee, in the course of official duties.
   2.  All information filed with the court for the purpose of securing a warrant for a search or seizure of property in a criminal case that results in an acquittal or the dismissal of all criminal charges, including a dismissal relating to a deferred judgment under section 907.9, upon such acquittal or dismissal, shall be a confidential record, shall be sealed by the court, and shall not be disseminated to any person other than a peace officer, county attorney, magistrate, or another court employee, in the course of official duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the confidentiality of search warrant information in a criminal case resulting in an acquittal or a dismissal.
   Under current law, all information filed with the court for the purpose of securing a search warrant is a confidential record until a peace officer has executed the warrant and has filed a return of service with the court. During the confidentiality period, the information shall be sealed by the court and the information cannot be disseminated to any person other than a peace officer, county attorney, magistrate, or another court employee, in the course of official duties.
   The bill provides that all information filed with the court for the purpose of securing a warrant for a search or seizure of property in a criminal case that results in an acquittal or the dismissal of all criminal charges, including a dismissal relating to a deferred judgment under Code section 907.9, upon such acquittal or dismissal, shall be a confidential record, shall be sealed by the court, and shall not be disseminated to any person other than a peace officer, magistrate, or another court employee, in the course of official duties.