House File 2316

                                    HOUSE FILE       
                                    BY  McCARTHY and J. R. VAN FOSSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the release of criminal history data regarding
  2    a person who received a deferred judgment.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5920HH 80
  5 jm/pj/5

PAG LIN

  1  1    Section 1.  Section 692.2, subsection 1, paragraph b,
  1  2 subparagraph (4), Code 2003, is amended to read as follows:
  1  3    (4)  Upon receipt of official notification of the
  1  4 successful completion of probation following a deferred
  1  5 judgment, criminal history data regarding the person who
  1  6 successfully completed the probation shall only be
  1  7 disseminated by the department to a criminal or juvenile
  1  8 justice agency, to the person who is the subject of the
  1  9 criminal history data or the person's attorney, or to another
  1 10 person with a signed release from the person who is the
  1 11 subject of the criminal history data authorizing the
  1 12 requesting person access to the criminal history data.  If
  1 13 criminal history data regarding a person has been disseminated
  1 14 to a criminal or juvenile justice agency prior to receiving
  1 15 official notification of the successful completion of
  1 16 probation following a deferred judgment, the department shall
  1 17 order the criminal or juvenile justice agency that received
  1 18 such data to expunge any criminal history data related to the
  1 19 deferred judgment.
  1 20                           EXPLANATION
  1 21    This bill relates to the release of criminal history data
  1 22 of a person who received a deferred judgment.
  1 23    Under the bill, the department of public safety shall not
  1 24 disseminate to criminal or juvenile justice agencies, as
  1 25 defined in Code section 692.1, a person's criminal history
  1 26 data related to receiving a deferred judgment.  If criminal
  1 27 history data regarding a person has been released prior to the
  1 28 department receiving official notification of the deferred
  1 29 judgment, the department shall order the criminal or juvenile
  1 30 justice agencies that received such data to expunge any
  1 31 criminal history data related to the deferred judgment.
  1 32 LSB 5920HH 80
  1 33 jm/pj/5
  1 34
  1 35