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PAG LIN 1 1 Section 1. Section 80.9, subsection 2, paragraph d, Code 1 2 1997, is amended to read as follows: 1 3 d. To collect and classify, and keep at all times 1 4 available, complete information useful for the detection of 1 5 crime, and the identification and apprehension of criminals. 1 6 Such information shall be available for all peace officers 1 7 within the state, under such regulations as the commissioner 1 8 may prescribe. The provisions of chapter 141 do not apply to 1 9 the entry of human immunodeficiency virus-related information 1 10 by criminal or juvenile justice agencies, as defined in 1 11 section 692.1, into the Iowa criminal justice information 1 12 system or the national crime information center system. The 1 13 provisions of chapter 141 also do not apply to the 1 14 transmission of the same information from either or both 1 15 information systems to criminal or juvenile justice agencies. 1 16 The provisions of chapter 141 also do not apply to the 1 17 transmission of the same information from either or both 1 18 information systems to employees of state correctional 1 19 institutions subject to the jurisdiction of the department of 1 20 corrections, employees of secure facilities for juveniles 1 21 subject to the jurisdiction of the department of human 1 22 services, and employees of city and county jails, if those 1 23 employees have direct physical supervision over inmates of 1 24 those facilities or institutions.HumanExcept as provided in 1 25 paragraph "e", as enacted in this Act, human immunodeficiency 1 26 virus-related information shall not be transmitted over the 1 27 police radio broadcasting system under chapter 693 or any 1 28 other radio-based communications system. An employee of an 1 29 agency receiving human immunodeficiency virus-related 1 30 information under thissectionparagraph who communicates the 1 31 information to another employee who does not have direct 1 32 physical supervision over inmates, other than to a supervisor 1 33 of an employee who has direct physical supervision over 1 34 inmates for the purpose of conveying the information to such 1 35 an employee, or who communicates the information to any person 2 1 not employed by the agency or uses the information outside the 2 2 agency is guilty of a class "D" felony. The commissioner 2 3 shall adopt rules regarding the transmission of human 2 4 immunodeficiency virus-related information including 2 5 provisions for maintaining confidentiality of the information. 2 6 The rules shall include a requirement that persons receiving 2 7 information from the Iowa criminal justice information system 2 8 or the national crime information center system receive 2 9 training regarding confidentiality standards applicable to the 2 10 information received from the system. The commissioner shall 2 11 develop and establish, in cooperation with the department of 2 12 corrections and the Iowa department of public health, training 2 13 programs and program criteria for persons receiving human 2 14 immunodeficiency virus-related information through the Iowa 2 15 criminal justice information system or the national crime 2 16 information center system. 2 17 Sec. 2. Section 80.9, subsection 2, Code 1997, is amended 2 18 by adding the following new paragraph after paragraph d and 2 19 relettering the subsequent paragraphs: 2 20 NEW PARAGRAPH. e. To develop a procedure for transmission 2 21 of information, over the police radio broadcasting system 2 22 under chapter 693 or any other radio-based communications 2 23 system, to a peace officer, a fire fighter, or an emergency 2 24 medical care provider as defined in section 147A.1 who has 2 25 direct contact with the public and who is responding to an 2 26 emergency situation, that a person being sought or assisted is 2 27 known to be infected with a communicable disease. The 2 28 information transmitted shall be provided in a manner which 2 29 does not identify the specific communicable disease involved, 2 30 but which cautions the recipient of the transmission to take 2 31 necessary precautions against transmission of a communicable 2 32 disease. The procedures shall also identify persons who are 2 33 authorized to transmit or receive information under this 2 34 paragraph. A person who knowingly transmits information in a 2 35 manner which is not in compliance with the procedures 3 1 established under this paragraph, or who is not authorized to 3 2 transmit or receive a transmission under this paragraph, is 3 3 guilty of a class "D" felony. The provisions of chapter 141 3 4 do not apply to human immunodeficiency virus-related 3 5 information which is transmitted in compliance with procedures 3 6 established under this paragraph. 3 7 Sec. 3. Section 141.23, subsection 1, Code 1997, is 3 8 amended by adding the following new paragraph: 3 9 NEW PARAGRAPH. l. The person authorized to transmit the 3 10 information or the peace officer, fire fighter, or emergency 3 11 medical care provider receiving the transmission pursuant to 3 12 section 80.9, subsection 2, paragraph "e", as enacted in this 3 13 Act. 3 14 EXPLANATION 3 15 This bill provides for the transmission of information over 3 16 a radio-based communications system that a person being sought 3 17 or assisted by a peace officer, a fire fighter, or an 3 18 emergency medical care provider who is in direct contact with 3 19 the public and who is responding to an emergency situation, is 3 20 infected with a communicable disease. The bill requires the 3 21 department of public safety to develop procedures for the 3 22 transmission of this information in a manner which does not 3 23 disclose the type of communicable disease, but only cautions 3 24 the recipient of the information to take necessary precautions 3 25 against transmission of a communicable disease. The bill 3 26 establishes that a person who knowingly transmits the 3 27 information in a manner which does not comply with the 3 28 procedures established or who is not authorized to transmit or 3 29 receive the information is guilty of a class "D" felony. The 3 30 bill also provides for an exception to the confidentiality 3 31 requirements regarding the disclosure of human 3 32 immunodeficiency virus-related testing information for the 3 33 purposes of the bill. 3 34 LSB 1398HH 77 3 35 pf/jw/5
Text: HF00063 Text: HF00065 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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