Senate File 204 - Enrolled

PAG LIN

1	1	SENATE FILE 204
1	2
1	3	AN ACT
1	4 RELATING TO THE DEPARTMENT OF PUBLIC SAFETY PRACTICES AND
1	5	PROCEDURES.
1	6
1	7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1	8
1	9	Section 1.	Section 80.9, subsection 1, unnumbered
1 10 paragraph 1, Code 2007, is amended to read as follows:
1 11	They A peace officer shall not exercise their the general
1 12 powers of a peace officer within the limits of any city,
1 13 except:
1 14	Sec. 2.	Section 80.9, subsection 2, unnumbered paragraph
1 15 1, Code 2007, is amended to read as follows:
1 16	In more particular, their the duties of a peace officer
1 17 shall be as follows:
1 18	Sec. 3.	Section 80.9, subsection 3, Code 2007, is amended
1 19 to read as follows:
1 20	3.	They A peace officer may administer oaths, acknowledge
1 21 signatures, and take voluntary testimony pursuant to their the
  1 22 peace officer's duties as provided by law.
1 23	Sec. 4.	Section 81.2, subsection 6, Code 2007, is amended
1 24 to read as follows:
1 25	6.	A person required to register as a sex offender shall
  1 26 submit a DNA sample for DNA profiling pursuant to section
  1 27 81.4.
1 28	Sec. 5.	NEW SECTION.	692.3	REDISSEMINATION OF ARREST
1 29 DATA AND OTHER INFORMATION.
1 30	A criminal or juvenile justice agency may redisseminate
1 31 arrest data, and the name, photograph, physical description,
1 32 and other identifying information concerning a person who is
1 33 wanted or being sought if a warrant for the arrest of that
1 34 person has been issued.	Information relating to any threat
35 the person may pose to the public may also be redisseminated.
1 The information may be redisseminated through any written,
2	2 audio, or visual means utilized by a criminal or juvenile
2	3 justice agency.	Any redissemination of information pursuant
2	4 to this section shall also include the statement provided in
2	5 section 692.2, subsection 1, paragraph "b", subparagraph (5).
2	6	Sec. 6.	Section 692.6, Code 2007, is amended to read as
2	7 follows:
2	8	692.6	CIVIL REMEDY.
2	9	Any person may institute a civil action for damages under
2 10 chapter 669 or 670 or to restrain the dissemination of the
2 11 person's criminal history data or intelligence data in
2 12 violation of this chapter, and.  Notwithstanding any
  2 13 provisions of chapter 669 or 670 to the contrary, any person,
2 14 agency, or governmental body proven to have disseminated or to
2 15 have requested and received criminal history data or
2 16 intelligence data in violation of this chapter shall be liable
2 17 for actual damages and exemplary damages for each violation
2 18 and shall be liable for court costs, expenses, and reasonable
2 19 attorneys' fees incurred by the party bringing the action.	In
2 20 no case shall the award for damages be less than one hundred
2 21 dollars.
2 22	Sec. 7.	Section 692.15, subsection 3, Code 2007, is
2 23 amended to read as follows:
2 24	3.	The law enforcement agency making an arrest and
2 25 securing fingerprints pursuant to section 690.2 or taking a
2 26 juvenile into custody and securing fingerprints pursuant to
2 27 section 232.148 shall fill out a final disposition report on
2 28 each arrest or taking into custody on a form and in the manner
2 29 prescribed by the commissioner of public safety.	The final
2 30 disposition report shall be forwarded to the county attorney,
  2 31 or at the discretion of the county attorney, to the clerk of
  2 32 the district court, in the county where the arrest or taking
2 33 into custody occurred, or to the juvenile court officer who
34 received the referral, whichever is deemed appropriate under
  2 35 the circumstances.
1	Sec. 8.	Section 692.16, Code 2007, is amended to read as
3	2 follows:
3	3	692.16	REVIEW AND REMOVAL.

3	4	At least every year the division shall review and determine
3	5 current status of all Iowa arrests or takings into custody
3	6 reported, which are at least one year four years old with no
3	7 disposition data.	Any Iowa arrest or taking of a juvenile
3	8 into custody recorded within a computer data storage system
3	9 which has no disposition data after four years shall be
3 10 removed unless there is an outstanding arrest warrant or
3 11 detainer on such charge.
3 12	Sec. 9.	Section 725.9, subsection 2, Code 2007, is amended
3 13 by striking the subsection.
3 14	Sec. 10.	Section 725.9, subsection 3, Code 2007, is
3 15 amended to read as follows:
3 16	3.	"Gambling device" means a device used or adapted or
3 17 designed to be used for gambling and includes, but is not
3 18 limited to, roulette wheels, klondike tables, punchboards,
3 19 faro layouts, keno layouts, numbers tickets, slot machines,
3 20 pachislo skill=stop machine or any other similar machine or
  3 21 device, pinball machines, push cards, jar tickets and
3 22 pull=tabs.	However, "gambling device" does not include an
3 23 antique slot machine, antique pinball machine, or any device
3 24 regularly manufactured and offered for sale and sold as a toy,
3 25 except that any use of such a toy, or antique slot machine or
  3 26 antique pinball machine for gambling purposes constitutes
3 27 unlawful gambling.
3 28	Sec. 11.	Section 809A.3, subsection 4, Code 2007, is
3 29 amended to read as follows:
3 30	4.	Notwithstanding subsections 1 through 3, violations of
3 31 chapter 321 or 321J shall not be considered conduct giving
3 32 rise to forfeiture, except for violations of the following: 3 33	a.  Section 321.232.
3 34	a.	b.	A second or subsequent violation of section
35 321J.4B, subsection 2, paragraph "b".
1	b.	c.	Section 321J.4B, subsection 9.
4	2
4	3
4	4
4	5	JOHN P. KIBBIE
4	6	President of the Senate
4	7
4	8
4	9
4 10	PATRICK J. MURPHY
4 11	Speaker of the House
4 12
4 13	I hereby certify that this bill originated in the Senate and
4 14 is known as Senate File 204, Eighty=second General Assembly. 4 15
4 16
4 17
4 18	MICHAEL E. MARSHALL
4 19	Secretary of the Senate
4 20 Approved	, 2007
4 21
4 22
4 23  	
4 24 CHESTER J. CULVER
4 25 Governor