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House Amendment 5917

Amendment Text

PAG LIN
  1  1    Amend House File 2448, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 5 the
  1  4 following:
  1  5    "Sec.    .  Section 216A.136, Code 1995, is amended
  1  6 to read as follows:
  1  7    216A.136  STATISTICAL ANALYSIS CENTER – ACCESS TO
  1  8 RECORDS.
  1  9    The division shall maintain an Iowa statistical
  1 10 analysis center for the purpose of coordinating with
  1 11 data resource agencies to provide data and analytical
  1 12 information to federal, state, and local governments,
  1 13 and assist agencies in the use of criminal and
  1 14 juvenile justice data.  The division of criminal and
  1 15 juvenile justice planning and the statistical analysis
  1 16 center are considered criminal justice agencies for
  1 17 the purposes of receiving criminal history data.
  1 18 Notwithstanding any other provision of state law,
  1 19 unless prohibited by federal law or regulation, the
  1 20 division shall be granted access, for purposes of
  1 21 research and evaluation, to criminal history records,
  1 22 official juvenile court records, juvenile court social
  1 23 records, and any other data collected or under control
  1 24 of the board of parole, department of corrections,
  1 25 district departments of correctional services,
  1 26 department of human services, judicial department, and
  1 27 department of public safety.  Any record, data, or
  1 28 information obtained by the division under this
  1 29 section and the division itself are subject to the
  1 30 federal and state confidentiality laws and regulations
  1 31 which are applicable to the original record, data, or
  1 32 information obtained by the division and to the
  1 33 original custodian of the record, data, or
  1 34 information.  The access shall include but is not
  1 35 limited to all of the following:
  1 36    1.  Juvenile court records and all other
  1 37 information maintained under sections 232.147 through
  1 38 232.153.
  1 39    2.  Child abuse information under sections 235A.15
  1 40 through 235A.19.
  1 41    3.  Dependent adult abuse records maintained under
  1 42 chapter 235B.
  1 43    4.  Criminal history and intelligence data
  1 44 maintained under chapter 692.
  1 45    5.  Sex offender registry information maintained
  1 46 under chapter 692A.
  1 47    6.  Presentence investigation reports maintained
  1 48 under section 901.4.
  1 49    7.  Corrections records maintained under sections
  1 50 904.601 and 904.602.
  2  1    8.  Community-based correctional program records
  2  2 maintained under chapter 905.
  2  3    9.  Parole records maintained under chapter 906.
  2  4    10.  Deferred judgment, deferred or suspended
  2  5 sentence, and probation records maintained under
  2  6 chapter 907.
  2  7    11.  Violation of parole or probation records
  2  8 maintained under chapter 908.
  2  9    12.  Fines and victim restitution records
  2 10 maintained under chapters 909 and 910."
  2 11    #2.  Page 1, line 14, by inserting after the word
  2 12 "and" the following:  "provided by the department to
  2 13 law enforcement agencies,".
  2 14    #3.  Page 1, line 16, by inserting after the word
  2 15 "mail" the following:  "or as otherwise provided by
  2 16 rule".
  2 17    #4.  Page 1, by inserting after line 31 the
  2 18 following:
  2 19    "(4)  Upon receipt of official notification of the
  2 20 successful completion of probation following a
  2 21 deferred judgment, criminal history data regarding the
  2 22 person who successfully completed the probation shall
  2 23 only be disseminated by the department to a criminal
  2 24 or juvenile justice agency, to the person who is the
  2 25 subject of the criminal history data or the person's
  2 26 attorney, or to another person with a signed release
  2 27 from the person who is the subject of the criminal
  2 28 history data authorizing the requesting person access
  2 29 to the criminal history data."
  2 30    #5.  Page 1, by inserting after line 31 the
  2 31 following:
  2 32    "(5)  Any release of criminal history data by the
  2 33 department shall prominently display the statement:
  2 34 "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF
  2 35 GUILT.""
  2 36    #6.  Page 2, by inserting after line 13 the
  2 37 following:
  2 38    "   .  Unless otherwise provided by law, access
  2 39 under this section to criminal history data by a
  2 40 person or public or private agency does not create a
  2 41 duty upon a person, or employer, member, or volunteer
  2 42 of a public or private agency to examine the criminal
  2 43 history data of an applicant, employee, or volunteer."
  2 44    #7.  Page 2, line 20, by striking the words "may
  2 45 shall" and inserting the following:  "may".
  2 46    #8.  By striking page 3, line 25, through page 4,
  2 47 line 3.
  2 48    #9.  Title page, by striking lines 1 and 2 and
  2 49 inserting the following:  "An Act relating to access
  2 50 to criminal history and other records maintained by
  3  1 state agencies."
  3  2    #10.  By renumbering, relettering, or redesignating
  3  3 and correcting internal references as necessary.  
  3  4 HF 2448S
  3  5 mk/cc/26

Text: H05916                            Text: H05918
Text: H05900 - H05999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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