Senate
Study
Bill
3043
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
IOWA
PUBLIC
INFORMATION
BOARD
BILL)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
certain
law
1
enforcement
reports,
records,
and
information
under
Iowa’s
2
open
records
law.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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
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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
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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
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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.
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