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PAG LIN 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 692.2, subsections 1 through 5, Code 1 7 Supplement 1995, are amended by striking the subsections and 1 8 inserting in lieu thereof the following: 1 9 1. The department may provide copies or communicate 1 10 information from criminal history data to the following: 1 11 a. Criminal or juvenile justice agencies. 1 12 b. A person or public or private agency, upon written 1 13 application on a form approved by the commissioner of public 1 14 safety and subject to the following restrictions: 1 15 (1) A request for criminal history data must be submitted 1 16 in writing by mail. However, the department shall accept a 1 17 request presented in person if it is from an individual or an 1 18 individual's attorney and requests the individual's personal 1 19 criminal history data. 1 20 (2) The request must identify a specific person by name 1 21 and date of birth. Fingerprints of the person named may be 1 22 required. 1 23 2. Requests for criminal history data from criminal or 1 24 juvenile justice agencies shall take precedence over all other 1 25 requests. 1 26 3. A person who requests criminal history data shall not 1 27 be liable for damages to the person whose criminal history 1 28 data is requested for actions the person requesting the 1 29 information may reasonably take in reliance on the accuracy 1 30 and completeness of the criminal history data received from 1 31 the department if all of the following are true: 1 32 a. The person requesting the criminal history data in good 1 33 faith believes the criminal history data to be accurate and 1 34 complete. 1 35 b. The person requesting the criminal history data has 2 1 complied with the requirements of this chapter. 2 2 c. The identifying information submitted to the department 2 3 by the person requesting the criminal history data is accurate 2 4 regarding the person whose criminal history data is sought. 2 5 4. A person other than the department of public safety 2 6 shall not disseminate criminal history data maintained by the 2 7 department to persons who are not criminal or juvenile justice 2 8 agencies. 2 9 Sec. 3. Section 692.2, subsection 6, Code Supplement 1995, 2 10 is amended to read as follows: 2 116.5. The departmentmayshall charge a fee to any nonlaw- 2 12 enforcement person or agency to conduct criminal history 2 13recorddata checksand otherwise administer this section and2 14other sections of the Code providing access to criminal2 15history records.The fee shall be set by the commissioner of2 16public safety equal to the cost incurred not to exceed twenty2 17dollars for each individual check requested.Notwithstanding 2 18 any other limitation, the departmentis authorized tomay use 2 19 revenues generated from the fee to administer this section and 2 20 other sections of the Code providing access to criminal 2 21 history data and to employclericalpersonnel to process 2 22 criminal history data checksfor nonlaw-enforcement purposes. 2 23In cases in which members of the department are2 24participating in the investigation or arrest, or where2 25officers of other criminal or juvenile justice agencies2 26participating in the investigation or arrest consent, the2 27department may disseminate criminal history data and2 28intelligence data when the dissemination complies with section2 29692.3.2 30 Sec. 4. Section 692.5, unnumbered paragraph 3, Code 1995, 2 31 is amended to read as follows: 2 32 Upon the request of the petitioner, the record and evidence 2 33 in a judicial review proceeding shall be closed to all but the 2 34 court and its officers, and access thereto shall be refused 2 35 unless otherwise ordered by the court. The clerk shall 3 1 maintain a separate docket for such actions.NoA person, 3 2 other than the petitioner, shall not permit a copy of any of 3 3 the testimony or pleadings or the substance thereof to be made 3 4 available to any person other than a party to the action or 3 5 the party's attorney. Violationof the provisionsof this 3 6 section shall be a public offense, punishable under section 3 7 692.7. The provisions of this section shall be the sole right 3 8 of action against the department, its subdivisions, or 3 9 employees regarding improper storage or release of criminal 3 10 history data. 3 11 Sec. 5. Section 692.6, Code 1995, is amended to read as 3 12 follows: 3 13 692.6 CIVIL REMEDY. 3 14 Any person may institute a civil action for damages under 3 15 chapter 669 or 670 or to restrain the dissemination of the 3 16 person'scriminal history data orintelligence data in 3 17 violation of this chapter, and any person, agency, or 3 18 governmental body proven to have disseminated or to have 3 19 requested and receivedcriminal history data orintelligence 3 20 data in violation of this chapter shall be liable for actual 3 21 damages and exemplary damages for each violation and shall be 3 22 liable for court costs, expenses, and reasonable attorneys' 3 23 fees incurred by the party bringing the action. In no case 3 24 shall the award for damages be less than one hundred dollars. 3 25 Sec. 6. Section 692.7, subsection 1, Code 1995, is amended 3 26 to read as follows: 3 27 1.AnyA person who willfully requests, obtains, or seeks 3 28 to obtain criminal history data under false pretenses, or who 3 29 willfully communicates or seeks to communicate criminal 3 30 history data to any agency or person except in accordance with 3 31 this chapter, oranya person connected withanya research 3 32 program authorized pursuant to this chapter who willfully 3 33 falsifies criminal history data or any records relating 3 34 thereto, shall, upon conviction, for each such offense be 3 35 guilty of an aggravated misdemeanor.Any person who4 1knowingly, but without criminal purposes, communicates or4 2seeks to communicate criminal history data except in4 3accordance with this chapter shall be guilty of a simple4 4misdemeanor.4 5 Sec. 7. NEW SECTION. 692.8A REDISSEMINATION OF 4 6 INTELLIGENCE DATA. 4 7 A criminal or juvenile justice agency, state or federal 4 8 regulatory agency, or a peace officer shall not disseminate 4 9 intelligence data, which has been received from the department 4 10 or bureau or from any other source, outside the agency or the 4 11 peace officer's agency unless all of the following apply: 4 12 1. The intelligence data is for official purposes in 4 13 connection with prescribed duties of a criminal or juvenile 4 14 justice agency. 4 15 2. The agency maintains a list of the persons receiving 4 16 the intelligence data and the date and purpose of the 4 17 dissemination. 4 18 3. The request for intelligence data is based upon name, 4 19 fingerprints, or other individually identified 4 20 characteristics. 4 21 Sec. 8. Section 692.18, unnumbered paragraph 2, Code 1995, 4 22 is amended to read as follows: 4 23Criminal history data and intelligenceIntelligence data in 4 24 the possession of the department or bureau, or disseminated by 4 25 the department or bureau, are not public records within the 4 26 provisions of chapter 22. 4 27 Sec. 9. Section 692.20, Code 1995, is amended to read as 4 28 follows: 4 29 692.20 MOTOR VEHICLE OPERATOR'S RECORD EXEMPT. 4 30 The provisions ofsectionssection 692.2and 692.3shall 4 31 not apply to the certifying of an individual's operating 4 32 record pursuant to section 321A.3. 4 33 Sec. 10. Section 692.3, Code Supplement 1995, is repealed. 4 34 EXPLANATION 4 35 This bill provides for public access to criminal history 5 1 data maintained by the department of public safety. Criminal 5 2 history data includes arrest, conviction, disposition, and 5 3 correctional data. 5 4 The bill authorizes any person to request the criminal 5 5 history data of another person by mail. The request must 5 6 contain the name and birthdate of the individual whose 5 7 criminal history data is requested. In-person requests are 5 8 prohibited except that an individual or the individual's 5 9 attorney may request the individual's own criminal history 5 10 data in person. Requests for criminal history data by law 5 11 enforcement agencies have priority over other requests under 5 12 the bill. The bill adds language in chapter 22 which makes 5 13 criminal history data a public record. 5 14 The bill also provides that a person who requests criminal 5 15 history data is not liable to the person whose data was 5 16 requested for damages if the person is accurately identified 5 17 to the department, the person requesting the data believes in 5 18 good faith that the data is accurate and complete, and the 5 19 person requesting the data complies with the requirements of 5 20 chapter 692. Only the department of public safety may 5 21 disseminate criminal history data maintained by the department 5 22 to persons who are not criminal or juvenile justice agencies 5 23 or individuals. 5 24 The bill requires the department of public safety to charge 5 25 a fee to persons other than criminal or juvenile justice 5 26 agencies. The fee is to offset the costs of administering the 5 27 dissemination of criminal history data, including staff costs. 5 28 The bill repeals section 692.3 regarding the 5 29 redissemination of criminal history data by peace officers, 5 30 criminal or juvenile justice agencies, regulatory agencies, or 5 31 the departments of human services or public health. The bill 5 32 provides that criminal intelligence data shall not be 5 33 redisseminated by peace officers, criminal or juvenile justice 5 34 agencies, or regulatory agencies unless the data is to be used 5 35 for official purposes, the agency maintains a list of the 6 1 persons who receive the data and when and why they get it, and 6 2 the person whose information is requested is identified by 6 3 name, fingerprints, or other individually identified 6 4 characteristics. 6 5 The bill provides that no action for damages or relief may 6 6 be maintained against the department of public safety or its 6 7 employees regarding inaccurate criminal history data or 6 8 improper dissemination of the data. The bill also provides 6 9 that a civil cause of action may only be maintained by a 6 10 person to restrain the release of or for damages due to the 6 11 release of intelligence data regarding the person. Further, 6 12 the bill eliminates the simple misdemeanor penalty for a 6 13 person who communicates criminal history data without criminal 6 14 intent. 6 15 LSB 3121SV 76 6 16 mk/cf/24
Text: SF02209 Text: SF02211 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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