SSB 3043 (LSB 5199DP (4) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL)

A BILL FOR

An Act relating to the confidentiality of certain law enforcement reports, records, and information under Iowa’s open records law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 5, Code 2020, is amended by striking the subsection and inserting in lieu thereof the following:
   5.  a.  Peace officers’ investigatory records as follows:
   (1)  Information contained in an active investigatory record or an inactive investigatory record, not including accident reports filed pursuant to section 321.271, if the release of information contained in such a record could reasonably be expected to do any of the following:
   (a)  Interfere with law enforcement proceedings.
   (b)  Deprive a person of a right to a fair trial or an impartial adjudication.
   (c)  Constitute an unwarranted invasion of personal privacy.
   (d)  Disclose the identity of a confidential source including a state, local, or foreign agency or authority, a private institution which furnished information on a confidential basis, and, in the case of an investigatory record compiled by a law enforcement agency in the course of a criminal investigation or by a law enforcement agency conducting a lawful national security intelligence investigation, information furnished by a confidential source.
   (e)  Disclose techniques, procedures, and guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
   (f)  Endanger the life or physical safety of any individual.
   (g)  Disclose the identity of a reporting party maintained by a law enforcement agency or the department of human services relating to the investigation of child abuse, neglect, or abandonment, unless the reporting party consents in writing to the disclosure or the disclosure of the reporting party’s identity is required in any related administrative or judicial proceeding.
   (2)  However, all of the following information contained in an inactive investigatory record shall not be confidential:
   (a)  The time, date, specific location, and nature and description of a reported crime, accident, incident, or arrest.
   (b)  The name, sex, age, and address of a person arrested, except as otherwise provided by law.
   (c)  The crime charged.
   (d)  Documents given or required by law to be given to the person arrested.
   (e)  Informations and indictments except as otherwise provided by law. 
   b.  Privileged records or information specified in section 80G.2.
   c.  Specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an active investigatory record. 
   d.  For purposes of this subsection:
   (1)  “Active investigatory record” means the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.
   (2)  “Inactive investigatory record” means the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has expired.
   (3)  “Investigatory record” means information with respect to an identifiable person or group of persons compiled by a law enforcement agency in the course of conducting an investigation.
   (4)  “Law enforcement agency” includes the attorney general, the state patrol, an office of a county attorney or county sheriff, or a municipal police department. 
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 certain law enforcement reports, records, and information under Iowa’s open records law.
   Current Code section 22.7(5) provides that peace officers’ investigative reports, certain law enforcement officer privileged records or information, and specific portions of electronic mail and telephone billing records of law enforcement agencies if part of an ongoing investigation are confidential, except where disclosure is authorized elsewhere in the Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential if the length of time prescribed to begin a prosecution or the finding of an indictment or information applicable to the crime investigated has not expired.
   The bill amends Code section 22.7(5) to provide that peace officers’ active investigatory records and inactive investigatory records, not including reports filed pursuant to Code section 321.271 (motor vehicle accident reports), shall be confidential, but only to the extent that the release of information contained in such records could reasonably be expected to (1) interfere with law enforcement proceedings; (2) deprive a person of a right to a fair trial or an impartial adjudication; (3) constitute an unwarranted invasion of personal privacy; (4) disclose the identity of a confidential source which furnished information on a confidential basis, and, in the case of an investigatory record compiled by a criminal law enforcement agency in the course of a criminal investigation or by a law enforcement agency conducting a national security intelligence investigation, information furnished by a confidential source; (5) disclose investigative techniques, procedures, and guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; (6) endanger the life or physical safety of any individual; or (7) disclose the identity of a reporting party maintained by any law enforcement agency or the department of human services relating to the investigation of child abuse, neglect, or abandonment, unless the reporting party consents in writing to the disclosure or the disclosure of the reporting party’s identity is required in any administrative or judicial proceeding.
   The bill provides that the following information contained in an inactive investigatory record shall not be confidential: (1) the time, date, location, and nature and description of a reported crime, accident, incident, or arrest; (2) the name, sex, age, and address of a person arrested, except as otherwise provided by law; (3) the crime charged; (4) documents given or required by law to be given to the person arrested; and (5) information and indictments except as otherwise provided by law. 
   The bill amends Code section 22.7(5) to provide that privileged records or information specified in Code section 80G.2 (law enforcement officer privilege) and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, shall be confidential. Specific portions of electronic mail and telephone billing records of law enforcement agencies are subject to the same confidentiality restrictions as provided in current law. 
   The bill defines “investigatory record” as information with respect to an identifiable person or group of persons compiled by a law enforcement agency in the course of conducting an investigation. An “active investigatory record” means the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired, and an “inactive investigatory record” means the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime has expired. The bill defines “law enforcement agency” as including the office of the attorney general, the Iowa state patrol, or the office of any prosecuting attorney, sheriff, or municipal police department.