S.F. _____ H.F. _____ Section 1. Section 22.7, subsection 5, Code 2020, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 5. a. Peace officers’ investigatory records as follows: 4 (1) Information contained in an active investigatory record 5 or an inactive investigatory record, not including accident 6 reports filed pursuant to section 321.271, if the release of 7 information contained in such a record could reasonably be 8 expected to do any of the following: 9 (a) Interfere with law enforcement proceedings. 10 (b) Deprive a person of a right to a fair trial or an 11 impartial adjudication. 12 (c) Constitute an unwarranted invasion of personal privacy. 13 (d) Disclose the identity of a confidential source 14 including a state, local, or foreign agency or authority, 15 a private institution which furnished information on a 16 confidential basis, and, in the case of an investigatory 17 record compiled by a law enforcement agency in the course 18 of a criminal investigation or by a law enforcement 19 agency conducting a lawful national security intelligence 20 investigation, information furnished by a confidential source. 21 (e) Disclose techniques, procedures, and guidelines for law 22 enforcement investigations or prosecutions if such disclosure 23 could reasonably be expected to risk circumvention of the law. 24 (f) Endanger the life or physical safety of any individual. 25 (g) Disclose the identity of a reporting party maintained by 26 a law enforcement agency or the department of human services 27 relating to the investigation of child abuse, neglect, or 28 abandonment, unless the reporting party consents in writing 29 to the disclosure or the disclosure of the reporting party’s 30 identity is required in any related administrative or judicial 31 proceeding. 32 (2) However, all of the following information contained in 33 an inactive investigatory record shall not be confidential: 34 (a) The time, date, specific location, and nature and 35 -1- LSB 5199DP (4) 88 hf/rh 1/ 5

S.F. _____ H.F. _____ description of a reported crime, accident, incident, or arrest. 1 (b) The name, sex, age, and address of a person arrested, 2 except as otherwise provided by law. 3 (c) The crime charged. 4 (d) Documents given or required by law to be given to the 5 person arrested. 6 (e) Informations and indictments except as otherwise 7 provided by law. 8 b. Privileged records or information specified in section 9 80G.2. 10 c. Specific portions of electronic mail and telephone 11 billing records of law enforcement agencies if that information 12 is part of an active investigatory record. 13 d. For purposes of this subsection: 14 (1) “Active investigatory record” means the length of time 15 prescribed for commencement of prosecution or the finding of 16 an indictment or information under the statute of limitations 17 applicable to the crime that is under investigation has not 18 expired. 19 (2) “Inactive investigatory record” means the length of time 20 prescribed for commencement of prosecution or the finding of 21 an indictment or information under the statute of limitations 22 applicable to the crime that is under investigation has 23 expired. 24 (3) “Investigatory record” means information with respect 25 to an identifiable person or group of persons compiled by 26 a law enforcement agency in the course of conducting an 27 investigation. 28 (4) “Law enforcement agency” includes the attorney general, 29 the state patrol, an office of a county attorney or county 30 sheriff, or a municipal police department. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the confidentiality of certain law 35 -2- LSB 5199DP (4) 88 hf/rh 2/ 5

S.F. _____ H.F. _____ enforcement reports, records, and information under Iowa’s open 1 records law. 2 Current Code section 22.7(5) provides that peace officers’ 3 investigative reports, certain law enforcement officer 4 privileged records or information, and specific portions 5 of electronic mail and telephone billing records of law 6 enforcement agencies if part of an ongoing investigation are 7 confidential, except where disclosure is authorized elsewhere 8 in the Code. However, the date, time, specific location, 9 and immediate facts and circumstances surrounding a crime 10 or incident shall not be kept confidential, except in those 11 unusual circumstances where disclosure would plainly and 12 seriously jeopardize an investigation or pose a clear and 13 present danger to the safety of an individual. Specific 14 portions of electronic mail and telephone billing records may 15 only be kept confidential if the length of time prescribed 16 to begin a prosecution or the finding of an indictment or 17 information applicable to the crime investigated has not 18 expired. 19 The bill amends Code section 22.7(5) to provide that 20 peace officers’ active investigatory records and inactive 21 investigatory records, not including reports filed pursuant to 22 Code section 321.271 (motor vehicle accident reports), shall 23 be confidential, but only to the extent that the release of 24 information contained in such records could reasonably be 25 expected to (1) interfere with law enforcement proceedings; (2) 26 deprive a person of a right to a fair trial or an impartial 27 adjudication; (3) constitute an unwarranted invasion of 28 personal privacy; (4) disclose the identity of a confidential 29 source which furnished information on a confidential basis, 30 and, in the case of an investigatory record compiled by a 31 criminal law enforcement agency in the course of a criminal 32 investigation or by a law enforcement agency conducting a 33 national security intelligence investigation, information 34 furnished by a confidential source; (5) disclose investigative 35 -3- LSB 5199DP (4) 88 hf/rh 3/ 5

S.F. _____ H.F. _____ techniques, procedures, and guidelines for law enforcement 1 investigations or prosecutions if such disclosure could 2 reasonably be expected to risk circumvention of the law; (6) 3 endanger the life or physical safety of any individual; or (7) 4 disclose the identity of a reporting party maintained by any 5 law enforcement agency or the department of human services 6 relating to the investigation of child abuse, neglect, or 7 abandonment, unless the reporting party consents in writing 8 to the disclosure or the disclosure of the reporting party’s 9 identity is required in any administrative or judicial 10 proceeding. 11 The bill provides that the following information contained 12 in an inactive investigatory record shall not be confidential: 13 (1) the time, date, location, and nature and description of a 14 reported crime, accident, incident, or arrest; (2) the name, 15 sex, age, and address of a person arrested, except as otherwise 16 provided by law; (3) the crime charged; (4) documents given or 17 required by law to be given to the person arrested; and (5) 18 information and indictments except as otherwise provided by 19 law. 20 The bill amends Code section 22.7(5) to provide that 21 privileged records or information specified in Code section 22 80G.2 (law enforcement officer privilege) and specific portions 23 of electronic mail and telephone billing records of law 24 enforcement agencies if that information is part of an ongoing 25 investigation, shall be confidential. Specific portions 26 of electronic mail and telephone billing records of law 27 enforcement agencies are subject to the same confidentiality 28 restrictions as provided in current law. 29 The bill defines “investigatory record” as information with 30 respect to an identifiable person or group of persons compiled 31 by a law enforcement agency in the course of conducting an 32 investigation. An “active investigatory record” means the 33 length of time prescribed for commencement of prosecution 34 or the finding of an indictment or information under the 35 -4- LSB 5199DP (4) 88 hf/rh 4/ 5

S.F. _____ H.F. _____ statute of limitations applicable to the crime that is under 1 investigation has not expired, and an “inactive investigatory 2 record” means the length of time prescribed for commencement 3 of prosecution or the finding of an indictment or information 4 under the statute of limitations applicable to the crime 5 has expired. The bill defines “law enforcement agency” as 6 including the office of the attorney general, the Iowa state 7 patrol, or the office of any prosecuting attorney, sheriff, or 8 municipal police department. 9 -5- LSB 5199DP (4) 88 hf/rh 5/ 5