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House File 2448

Partial Bill History

Bill Text

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  1  1    Section 1.  Section 22.7, subsection 9, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    9.  Criminal identification files of law enforcement
  1  4 agencies.  However, records of current and prior arrests and
  1  5 criminal history data shall be public records.
  1  6    Sec. 2.  Section 216A.136, Code 1995, is amended to read as
  1  7 follows:
  1  8    216A.136  STATISTICAL ANALYSIS CENTER – ACCESS TO RECORDS.
  1  9    The division shall maintain an Iowa statistical analysis
  1 10 center for the purpose of coordinating with data resource
  1 11 agencies to provide data and analytical information to
  1 12 federal, state, and local governments, and assist agencies in
  1 13 the use of criminal and juvenile justice data.  The division
  1 14 of criminal and juvenile justice planning and the statistical
  1 15 analysis center are considered criminal justice agencies for
  1 16 the purposes of receiving criminal history data.
  1 17 Notwithstanding any other provision of state law, unless
  1 18 prohibited by federal law or regulation, the division shall be
  1 19 granted access, for purposes of research and evaluation, to
  1 20 criminal history records, official juvenile court records,
  1 21 juvenile court social records, and any other data collected or
  1 22 under control of the board of parole, department of
  1 23 corrections, district departments of correctional services,
  1 24 department of human services, judicial department, and
  1 25 department of public safety.  Any record, data, or information
  1 26 obtained by the division under this section and the division
  1 27 itself are subject to the federal and state confidentiality
  1 28 laws and regulations which are applicable to the original
  1 29 record, data, or information obtained by the division and to
  1 30 the original custodian of the record, data, or information.
  1 31 The access shall include but is not limited to all of the
  1 32 following:
  1 33    1.  Juvenile court records and all other information
  1 34 maintained under sections 232.147 through 232.153.
  1 35    2.  Child abuse information under sections 235A.15 through
  2  1 235A.19.
  2  2    3.  Dependent adult abuse records maintained under chapter
  2  3 235B.
  2  4    4.  Criminal history and intelligence data maintained under
  2  5 chapter 692.
  2  6    5.  Sex offender registry information maintained under
  2  7 chapter 692A.
  2  8    6.  Presentence investigation reports maintained under
  2  9 section 901.4.
  2 10    7.  Corrections records maintained under sections 904.601
  2 11 and 904.602.
  2 12    8.  Community-based correctional program records maintained
  2 13 under chapter 905.
  2 14    9.  Parole records maintained under chapter 906.
  2 15    10.  Deferred judgment, deferred or suspended sentence, and
  2 16 probation records maintained under chapter 907.
  2 17    11.  Violation of parole or probation records maintained
  2 18 under chapter 908.
  2 19    12.  Fines and victim restitution records maintained under
  2 20 chapters 909 and 910.
  2 21    Sec. 3.  Section 692.2, subsections 1 through 5, Code
  2 22 Supplement 1995, are amended by striking the subsections and
  2 23 inserting in lieu thereof the following:
  2 24    1.  The department may provide copies or communicate
  2 25 information from criminal history data to the following:
  2 26    a.  Criminal or juvenile justice agencies.
  2 27    b.  A person or public or private agency, upon written
  2 28 application on a form approved by the commissioner of public
  2 29 safety and provided by the department to law enforcement
  2 30 agencies, subject to the following restrictions:
  2 31    (1)  A request for criminal history data must be submitted
  2 32 in writing by mail or as otherwise provided by rule.  However,
  2 33 the department shall accept a request presented in person if
  2 34 it is from an individual or an individual's attorney and
  2 35 requests the individual's personal criminal history data.
  3  1    (2)  The request must identify a specific person by name
  3  2 and date of birth.  Fingerprints of the person named may be
  3  3 required.
  3  4    (3)  Criminal history data that does not contain any
  3  5 disposition data after eighteen months from the date of arrest
  3  6 may only be disseminated by the department to criminal or
  3  7 juvenile justice agencies, to the person who is the subject of
  3  8 the criminal history data or the person's attorney, or to a
  3  9 person requesting the criminal history data with a signed
  3 10 release from the person who is the subject of the criminal
  3 11 history data authorizing the requesting person access to
  3 12 criminal history data.
  3 13    (4)  Upon receipt of official notification of the
  3 14 successful completion of probation following a deferred
  3 15 judgment, criminal history data regarding the person who
  3 16 successfully completed the probation shall only be
  3 17 disseminated by the department to a criminal or juvenile
  3 18 justice agency, to the person who is the subject of the
  3 19 criminal history data or the person's attorney, or to another
  3 20 person with a signed release from the person who is the
  3 21 subject of the criminal history data authorizing the
  3 22 requesting person access to the criminal history data.
  3 23    (5)  Any release of criminal history data by the department
  3 24 shall prominently display the statement:  "AN ARREST WITHOUT
  3 25 DISPOSITION IS NOT AN INDICATION OF GUILT."
  3 26    2.  Requests for criminal history data from criminal or
  3 27 juvenile justice agencies shall take precedence over all other
  3 28 requests.
  3 29    3.  A person who requests criminal history data shall not
  3 30 be liable for damages to the person whose criminal history
  3 31 data is requested for actions the person requesting the
  3 32 information may reasonably take in reliance on the accuracy
  3 33 and completeness of the criminal history data received from
  3 34 the department if all of the following are true:
  3 35    a.  The person requesting the criminal history data in good
  4  1 faith believes the criminal history data to be accurate and
  4  2 complete.
  4  3    b.  The person requesting the criminal history data has
  4  4 complied with the requirements of this chapter.
  4  5    c.  The identifying information submitted to the department
  4  6 by the person requesting the criminal history data is accurate
  4  7 regarding the person whose criminal history data is sought.
  4  8    4.  Unless otherwise provided by law, access under this
  4  9 section to criminal history data by a person or public or
  4 10 private agency does not create a duty upon a person, or
  4 11 employer, member, or volunteer of a public or private agency
  4 12 to examine the criminal history data of an applicant,
  4 13 employee, or volunteer.
  4 14    5.  A person other than the department of public safety
  4 15 shall not disseminate criminal history data maintained by the
  4 16 department to persons who are not criminal or juvenile justice
  4 17 agencies.
  4 18    Sec. 4.  Section 692.2, subsection 6, Code Supplement 1995,
  4 19 is amended to read as follows:
  4 20    6. 5.  The department may charge a fee to any nonlaw-
  4 21 enforcement person or agency to conduct criminal history
  4 22 record data checks and otherwise administer this section and
  4 23 other sections of the Code providing access to criminal
  4 24 history records.  The fee shall be set by the commissioner of
  4 25 public safety equal to the cost incurred not to exceed twenty
  4 26 dollars for each individual check requested.  Notwithstanding
  4 27 any other limitation, the department is authorized to may use
  4 28 revenues generated from the fee to administer this section and
  4 29 other sections of the Code providing access to criminal
  4 30 history data and to employ clerical personnel to process
  4 31 criminal history data checks for nonlaw-enforcement purposes.
  4 32    In cases in which members of the department are
  4 33 participating in the investigation or arrest, or where
  4 34 officers of other criminal or juvenile justice agencies
  4 35 participating in the investigation or arrest consent, the
  5  1 department may disseminate criminal history data and
  5  2 intelligence data when the dissemination complies with section
  5  3 692.3.  However, the fee for conducting a criminal history
  5  4 data check for a person seeking release of a certified copy of
  5  5 the person's own criminal history data to a potential
  5  6 employer, if that employer requests the release in writing,
  5  7 shall not be paid by the person but shall be paid by the
  5  8 employer.
  5  9    Sec. 5.  Section 692.5, unnumbered paragraph 3, Code 1995,
  5 10 is amended to read as follows:
  5 11    Upon the request of the petitioner, the record and evidence
  5 12 in a judicial review proceeding shall be closed to all but the
  5 13 court and its officers, and access thereto shall be refused
  5 14 unless otherwise ordered by the court.  The clerk shall
  5 15 maintain a separate docket for such actions.  No A person,
  5 16 other than the petitioner, shall not permit a copy of any of
  5 17 the testimony or pleadings or the substance thereof to be made
  5 18 available to any person other than a party to the action or
  5 19 the party's attorney.  Violation of the provisions of this
  5 20 section shall be a public offense, punishable under section
  5 21 692.7.  The provisions of this section shall be the sole right
  5 22 of action against the department, its subdivisions, or
  5 23 employees regarding improper storage or release of criminal
  5 24 history data.
  5 25    Sec. 6.  Section 692.7, subsection 1, Code 1995, is amended
  5 26 to read as follows:
  5 27    1.  Any A person who willfully requests, obtains, or seeks
  5 28 to obtain criminal history data under false pretenses, or who
  5 29 willfully communicates or seeks to communicate criminal
  5 30 history data to any agency or person except in accordance with
  5 31 this chapter, or any a person connected with any a research
  5 32 program authorized pursuant to this chapter who willfully
  5 33 falsifies criminal history data or any records relating
  5 34 thereto, shall, upon conviction, for each such offense be
  5 35 guilty of an aggravated misdemeanor.  Any person who
  6  1 knowingly, but without criminal purposes, communicates or
  6  2 seeks to communicate criminal history data except in
  6  3 accordance with this chapter shall be guilty of a simple
  6  4 misdemeanor.
  6  5    Sec. 7.  NEW SECTION.  692.8A  REDISSEMINATION OF
  6  6 INTELLIGENCE DATA.
  6  7    A criminal or juvenile justice agency, state or federal
  6  8 regulatory agency, or a peace officer shall not disseminate
  6  9 intelligence data, which has been received from the department
  6 10 or bureau or from any other source, outside the agency or the
  6 11 peace officer's agency unless all of the following apply:
  6 12    1.  The intelligence data is for official purposes in
  6 13 connection with prescribed duties of a criminal or juvenile
  6 14 justice agency.
  6 15    2.  The agency maintains a list of the persons receiving
  6 16 the intelligence data and the date and purpose of the
  6 17 dissemination.
  6 18    3.  The request for intelligence data is based upon name,
  6 19 fingerprints, or other individually identified
  6 20 characteristics.
  6 21    Sec. 8.  Section 692.18, unnumbered paragraph 2, Code 1995,
  6 22 is amended to read as follows:
  6 23    Criminal history data and intelligence Intelligence data in
  6 24 the possession of the department or bureau, or disseminated by
  6 25 the department or bureau, are not public records within the
  6 26 provisions of chapter 22.
  6 27    Sec. 9.  Section 692.20, Code 1995, is amended to read as
  6 28 follows:
  6 29    692.20  MOTOR VEHICLE OPERATOR'S RECORD EXEMPT.
  6 30    The provisions of sections section 692.2 and 692.3 shall
  6 31 not apply to the certifying of an individual's operating
  6 32 record pursuant to section 321A.3.
  6 33    Sec. 10.  Section 692.3, Code Supplement 1995, is repealed.  
  6 34 HF 2448
  6 35 mk/pk/25
     
Text: HF02447                           Text: HF02449
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