Text: SSB03077                          Text: SSB03079
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3078

Bill Text

PAG LIN
  1  1    Section 1.  Section 80.9, subsection 2, paragraph d, Code
  1  2 2001, 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 141A 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 141A 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 141A 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 or employees of city and county jails, if those
  1 23 employees have direct physical supervision over inmates of
  1 24 those facilities or institutions.  Human immunodeficiency
  1 25 virus-related The provisions of chapter 141A also do not apply
  1 26 to transmission of the same information shall not be
  1 27 transmitted over the police radio broadcasting system under
  1 28 chapter 693 or any other radio-based communications system.
  1 29 An employee of an agency receiving human immunodeficiency
  1 30 virus-related information under this section who communicates
  1 31 the 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 while not acting within the scope of employment is
  2  3 guilty of a class "D" felony.  The commissioner shall adopt
  2  4 rules regarding the transmission of human immunodeficiency
  2  5 virus-related information including provisions for maintaining
  2  6 confidentiality of the information.  The rules shall include a
  2  7 requirement that persons receiving information from the Iowa
  2  8 criminal justice information system or the national crime
  2  9 information center system receive training regarding
  2 10 confidentiality standards applicable to the information
  2 11 received from the system.  The commissioner shall develop and
  2 12 establish, in cooperation with the department of corrections
  2 13 and the Iowa department of public health, training programs
  2 14 and program criteria for persons receiving human
  2 15 immunodeficiency virus-related information through the Iowa
  2 16 criminal justice information system or the national crime
  2 17 information center system.  
  2 18                           EXPLANATION
  2 19    This bill relates to releasing information about the human
  2 20 immunodeficiency virus (HIV).
  2 21    The bill provides that a law enforcement agency may
  2 22 transmit a person's HIV-related information over a police
  2 23 radio or any other radio-based communication system.  Current
  2 24 law prohibits an agency from disseminating such information
  2 25 over the radio.  The bill also provides that an employee who
  2 26 communicates HIV-related information about a person while not
  2 27 acting within the scope of employment commits a class "D"
  2 28 felony.
  2 29    A class "D" felony is punishable by confinement for no more
  2 30 than five years and a fine of at least $750 but not more than
  2 31 $7,500.  
  2 32 LSB 5782SC 79
  2 33 jm/pj/5

Text: SSB03077                          Text: SSB03079
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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