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692.8 Intelligence data.

Intelligence data contained in the files of the department of public safety or a criminal justice agency may be placed within a computer data storage system, provided that access to the computer data storage system is restricted to authorized employees of the department or criminal justice agency. The department shall adopt rules to implement this paragraph.

Intelligence data in the files of the department may be disseminated only to a peace officer, criminal justice agency, or state or federal regulatory agency, and only if the department is satisfied that the need to know and the intended use are reasonable. Whenever intelligence data relating to a defendant for the purpose of sentencing has been provided a court, the court shall inform the defendant or the defendant's attorney that it is in possession of such data and shall, upon request of the defendant or the defendant's attorney, permit examination of such data.

If the defendant disputes the accuracy of the intelligence data, the defendant shall do so by filing an affidavit stating the substance of the disputed data and wherein it is inaccurate. If the court finds reasonable doubt as to the accuracy of such information, it may require a hearing and the examination of witnesses relating thereto on or before the time set for sentencing.

Section History: Early form

[C75, 77, § 749B.8; C79, 81, § 692.8]

Section History: Recent form

84 Acts, ch 1145, § 2; 94 Acts, ch 1096, §1


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