Text: SSB01078 Text: SSB01080 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692.1, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12A. "Intelligence assessment" means an 1 4 analysis of information based in whole or in part upon 1 5 intelligence data. 1 6 Sec. 2. Section 692.8, unnumbered paragraph 2, Code 2003, 1 7 is amended to read as follows: 1 8 Intelligence data in the files of the department may be 1 9 disseminated only to a peace officer, criminal or juvenile 1 10 justice agency, or state or federal regulatory agency, and 1 11 only if the department is satisfied that the need to know and 1 12 the intended use are reasonable. However, intelligence data 1 13 may also be disseminated to an agency, organization, or person 1 14 in order to protect a person or property from a threat of 1 15 imminent harm. Whenever intelligence data relating to a 1 16 defendant or juvenile who is the subject of a petition under 1 17 section 232.35 for the purpose of sentencing or adjudication 1 18 has been provided a court, the court shall inform the 1 19 defendant or juvenile or the defendant's or juvenile's 1 20 attorney that it is in possession of such data and shall, upon 1 21 request of the defendant or juvenile or the defendant's or 1 22 juvenile's attorney, permit examination of such data. 1 23 Sec. 3. Section 692.8A, Code 2003, is amended to read as 1 24 follows: 1 25 692.8AREDISSEMINATIONDISSEMINATION OF INTELLIGENCE DATA. 1 26 1. A criminal or juvenile justice agency, state or federal 1 27 regulatory agency, or a peace officer shall not disseminate 1 28 intelligence data, which has been received from the department 1 29 or bureau or from any other source, outside the agency or the 1 30 peace officer's agency unless all of the following apply: 1 311.a. The intelligence data is for official purposes in 1 32 connection with prescribed duties of a criminal or juvenile 1 33 justice agency. 1 342.b. The agency maintains a list of the agencies, 1 35 organizations, and persons receiving the intelligence data and 2 1 the date and purpose of the dissemination. 2 23.c.The request for intelligence data is based upon2 3name, fingerprints, or other individually identified2 4characteristicsThe agency disseminating the intelligence data 2 5 is satisfied that the need to know and the intended use are 2 6 reasonable. 2 7 d. The agency disseminating the intelligence data does so 2 8 in order to protect a person or property from a threat of 2 9 imminent harm. 2 10 2. An agency, organization, or person receiving 2 11 intelligence data from a criminal or juvenile justice agency, 2 12 state or federal regulatory agency, or a peace officer 2 13 pursuant to this chapter may only redisseminate the 2 14 intelligence data if authorized by the agency or peace officer 2 15 providing the data. A criminal or juvenile justice agency, 2 16 state or federal regulatory agency, or a peace officer who 2 17 disseminates intelligence data pursuant to this chapter may 2 18 limit the type of data released in order to protect the 2 19 intelligence methods and sources used to gather the data, and 2 20 may also place restrictions on the redissemination by the 2 21 agency, organization, or person receiving the intelligence 2 22 data. An agency, organization, or person receiving 2 23 intelligence data is also subject to the provisions of this 2 24 chapter and shall comply with any administrative rules adopted 2 25 pursuant to this chapter. 2 26 3. This section shall not be construed to prohibit the 2 27 dissemination of an intelligence assessment to any agency or 2 28 organization if necessary for carrying out the official duties 2 29 of the agency or organization, or to a person if necessary to 2 30 protect a person or property from a threat of imminent harm. 2 31 Sec. 4. Section 692.18, unnumbered paragraph 2, Code 2003, 2 32 is amended to read as follows: 2 33 Intelligence data in the possession ofthe department or2 34bureau,a criminal or juvenile justice agency, state or 2 35 federal regulatory agency, or peace officer or disseminated by 3 1the department or bureausuch agency or peace officer, are not 3 2 public records within the provisions of chapter 22. 3 3 EXPLANATION 3 4 This bill relates to intelligence data and intelligence 3 5 assessment dissemination to an agency, organization, or 3 6 person. 3 7 The bill provides that intelligence data in the files of 3 8 the department of public safety may be disseminated to an 3 9 agency, organization, or person in order to protect a person 3 10 or property from a threat of imminent harm. Current law 3 11 provides that intelligence data may only be disseminated to a 3 12 peace officer, criminal or juvenile justice agency, or state 3 13 or federal regulatory agency if the department is satisfied 3 14 that the need to know data and its intended use are 3 15 reasonable. Code section 692.1(13) defines "intelligence 3 16 data" to mean information on identifiable individuals compiled 3 17 in an effort to anticipate, prevent, or monitor possible 3 18 criminal activity. 3 19 The bill provides that a peace officer, criminal or 3 20 juvenile justice agency, or state or federal regulatory agency 3 21 that receives intelligence data from the department may 3 22 redisseminate that intelligence data to an agency, 3 23 organization, or person in order to protect a person or 3 24 property from a threat of imminent harm if the agency 3 25 disseminating the data is satisfied the need to know the data 3 26 and its intended use are reasonable. The bill and current law 3 27 also provide that the agency may only redisseminate the data 3 28 if it is for official purposes, and the agency maintains a 3 29 list of the agencies, organizations, or persons receiving such 3 30 data. The bill provides that the type of intelligence data 3 31 redisseminated to an agency, organization, or person may be 3 32 limited in order to protect intelligence methods and sources 3 33 used to gather the data, and that the agency, organization, or 3 34 person receiving such data must abide by any provisions or 3 35 administrative rules governing the release of intelligence 4 1 data. 4 2 The bill provides that an intelligence assessment may be 4 3 disseminated to an agency or organization if necessary for 4 4 carrying out the official duties of the agency or 4 5 organization, or to a person in order to protect a person or 4 6 property from a threat of imminent harm. The bill defines 4 7 "intelligence assessment" to mean an analysis of information 4 8 based in whole or in part upon intelligence data. 4 9 The bill also provides that intelligence data in the 4 10 possession of a criminal or juvenile justice agency, state or 4 11 federal regulatory agency, or peace officer, or disseminated 4 12 by such agency or peace officer, are not public records 4 13 pursuant to Code chapter 22. 4 14 LSB 1066DP 80 4 15 jm/sh/8
Text: SSB01078 Text: SSB01080 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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