Text: HF00215 Text: HF00217 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 216 1 2 1 3 AN ACT 1 4 RELATING TO INTELLIGENCE DATA AND INTELLIGENCE ASSESSMENT 1 5 DISSEMINATION TO AN AGENCY, ORGANIZATION, OR PERSON, AND 1 6 PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 692.1, Code 2003, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 12A. "Intelligence assessment" means an 1 13 analysis of information based in whole or in part upon 1 14 intelligence data. 1 15 Sec. 2. Section 692.8, unnumbered paragraph 2, Code 2003, 1 16 is amended to read as follows: 1 17 Intelligence data in the files of the department may be 1 18 disseminated only to a peace officer, criminal or juvenile 1 19 justice agency, or state or federal regulatory agency, and 1 20 only if the department is satisfied that the need to know and 1 21 the intended use are reasonable. However, intelligence data 1 22 may also be disseminated to an agency, organization, or person 1 23 when disseminated for an official purpose, and in order to 1 24 protect a person or property from a threat of imminent serious 1 25 harm. Whenever intelligence data relating to a defendant or 1 26 juvenile who is the subject of a petition under section 232.35 1 27 for the purpose of sentencing or adjudication has been 1 28 provided a court, the court shall inform the defendant or 1 29 juvenile or the defendant's or juvenile's attorney that it is 1 30 in possession of such data and shall, upon request of the 1 31 defendant or juvenile or the defendant's or juvenile's 1 32 attorney, permit examination of such data. 1 33 Sec. 3. Section 692.8A, Code 2003, is amended to read as 1 34 follows: 1 35 692.8AREDISSEMINATIONDISSEMINATION OF INTELLIGENCE DATA. 2 1 1. A criminal or juvenile justice agency, state or federal 2 2 regulatory agency, or a peace officer shall not disseminate 2 3 intelligence data, which has been received from the department 2 4 or bureau or from any other source, outside the agency or the 2 5 peace officer's agency unless all of the following apply: 2 61.a. The intelligence data is for official purposes in 2 7 connection with prescribed duties of a criminal or juvenile 2 8 justice agency. 2 92.b. The agency maintains a list of the agencies, 2 10 organizations, or persons receiving the intelligence data and 2 11 the date and purpose of the dissemination. 2 123.c.The request for intelligence data is based upon2 13name, fingerprints, or other individually identified2 14characteristicsThe agency disseminating the intelligence data 2 15 is satisfied that the need to know and the intended use are 2 16 reasonable. 2 17 2. Notwithstanding subsection 1, a criminal or juvenile 2 18 justice agency, state or federal regulatory agency, or peace 2 19 officer may disseminate intelligence data to an agency, 2 20 organization, or person when disseminated for an official 2 21 purpose, and in order to protect a person or property from a 2 22 threat of imminent serious harm, and if the dissemination 2 23 complies with paragraphs "b" and "c" of subsection 1. 2 24 3. An agency, organization, or person receiving 2 25 intelligence data from a criminal or juvenile justice agency, 2 26 state or federal regulatory agency, or a peace officer 2 27 pursuant to this chapter may only redisseminate the 2 28 intelligence data if authorized by the agency or peace officer 2 29 providing the data. A criminal or juvenile justice agency, 2 30 state or federal regulatory agency, or a peace officer who 2 31 disseminates intelligence data pursuant to this chapter may 2 32 limit the type of data released in order to protect the 2 33 intelligence methods and sources used to gather the data, and 2 34 may also place restrictions on the redissemination by the 2 35 agency, organization, or person receiving the intelligence 3 1 data. An agency, organization, or person receiving 3 2 intelligence data is also subject to the provisions of this 3 3 chapter and shall comply with any administrative rules adopted 3 4 pursuant to this chapter. 3 5 4. This section shall not be construed to prohibit the 3 6 dissemination of an intelligence assessment to any agency or 3 7 organization if necessary for carrying out the official duties 3 8 of the agency or organization, or to a person if disseminated 3 9 for an official purpose, and if necessary to protect a person 3 10 or property from a threat of imminent serious harm. 3 11 Sec. 4. Section 692.18, unnumbered paragraph 2, Code 2003, 3 12 is amended to read as follows: 3 13 Intelligence data in the possession ofthe department or3 14bureau,a criminal or juvenile justice agency, state or 3 15 federal regulatory agency, or peace officer or disseminated by 3 16the department or bureausuch agency or peace officer, are not 3 17 public records within the provisions of chapter 22. 3 18 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 3 19 immediate importance, takes effect upon enactment. 3 20 3 21 3 22 3 23 CHRISTOPHER C. RANTS 3 24 Speaker of the House 3 25 3 26 3 27 3 28 MARY E. KRAMER 3 29 President of the Senate 3 30 3 31 I hereby certify that this bill originated in the House and 3 32 is known as House File 216, Eightieth General Assembly. 3 33 3 34 3 35 4 1 MARGARET THOMSON 4 2 Chief Clerk of the House 4 3 Approved , 2003 4 4 4 5 4 6 4 7 THOMAS J. VILSACK 4 8 Governor
Text: HF00215 Text: HF00217 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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