HSB 143 (LSB 1188XD (2) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED STATE PUBLIC DEFENDER BILL)

A BILL FOR

An Act relating to the confidentiality of information filed with the court used to secure an arrest warrant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.29, subsection 2, Code 2019, is amended to read as follows:
   2.  However, during the period of confidentiality in subsection 1, the information in the record may be disseminated, without court order, during the course of official duties to the following persons unless dissemination is expressly restricted by court order:
   a.  A peace officer, or any other employee of a law enforcement agency if allowed access pursuant to section 692.14 and if authorized in writing by the head of the agency.
   b.  An employee of the county attorney’s office.
   c.  A judicial officer or other court employees.
   d.  An employee of the department of corrections or judicial district department of correctional services, if authorized by the director of the department of corrections.
   e.  A private attorney appearing on behalf of the defendant or an attorney appointed by the court to represent the defendant.
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 information filed with the court used to secure an arrest warrant.
   Current law specifies that information filed with the court used to secure an arrest warrant shall be confidential until a peace officer has made the arrest and has made the officer’s return on the warrant, or the defendant has made an initial appearance in court, unless otherwise ordered by the court. During the period of confidentiality, the information in the record can be disseminated, without court order, to certain listed individuals during the course of their official duties.
   The bill provides that access to the confidential records can be expressly restricted by court order.
   The bill adds a private attorney appearing on behalf of the defendant or an attorney appointed by the court to represent the defendant to the list of individuals to whom information filed with the court for the purpose of securing a warrant for an arrest may be disseminated during the period of confidentiality, without court order, during the course of their official duties.