House File 569 - Introduced
HOUSE FILE
BY DAVITT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the dissemination of accident reports made by
2 peace officers.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1019YH 81
5 av/sh/8
PAG LIN
1 1 Section 1. Section 321.266, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. Every law enforcement peace officer who, in the regular
1 4 course of duty, investigates a motor vehicle accident of which
1 5 report must be made as required in subsections 1 to 3 of this
1 6 section, either at the time of and at the scene of the
1 7 accident or thereafter by interviewing participants or
1 8 witnesses shall, within twenty=four hours after completing
1 9 such investigation, forward a written report of such accident
1 10 to the department.
1 11 Sec. 2. Section 321.271, Code 2005, is amended to read as
1 12 follows:
1 13 321.271 REPORTS CONFIDENTIAL == WITHOUT PREJUDICE ==
1 14 EXCEPTIONS CONFIDENTIALITY.
1 15 1. All accident reports filed by a driver of a vehicle
1 16 involved in an accident as required under section 321.266
1 17 shall be in writing. The report shall be without prejudice to
1 18 the individual so reporting and shall be for the confidential
1 19 use of the department, except that upon the request of any
1 20 person involved in the accident, the person's insurance
1 21 company or its agent, or the attorney for such person, the
1 22 department shall disclose the identity and address of other
1 23 persons involved in the accident and may disclose the name of
1 24 the insurance companies with whom the other persons have
1 25 liability insurance. The department, upon written request of
1 26 the person making the report, shall provide the person with a
1 27 copy of that person's report. The written report filed with
1 28 the department shall not be admissible in or used in evidence
1 29 in any civil or criminal case arising out of the facts on
1 30 which the report is based.
1 31 2. All written reports filed by a law enforcement peace
1 32 officer as required under section 321.266 shall be made
1 33 available to any party to an accident, the party's insurance
1 34 company or its agent, the party's attorney, the federal motor
1 35 carrier safety administration, or the attorney general, person
2 1 on written request to the department and the payment of a fee
2 2 of four dollars for each copy. If a copy of an investigating
2 3 officer's report of a motor vehicle accident filed with the
2 4 department is retained by the law enforcement agency of the
2 5 officer who filed the report, a copy shall be made available
2 6 to any party to the accident, the party's insurance company or
2 7 its agent, the party's attorney, the federal motor carrier
2 8 safety administration, or the attorney general, person on
2 9 written request and the payment of a fee. However, the
2 10 attorney general and the federal motor carrier safety
2 11 administration shall not be required by the department or the
2 12 law enforcement agency to pay a fee for a copy of a report
2 13 filed by a law enforcement peace or investigating officer.
2 14 3. Notwithstanding subsections 1 and subsection 2, the
2 15 date, time, specific location, and immediate facts and
2 16 circumstances a peace officer's investigative report
2 17 surrounding a crime or incident shall not be kept confidential
2 18 under this section, except in those unusual circumstances
2 19 where there is ongoing criminal activity or where disclosure
2 20 would plainly and seriously jeopardize an ongoing criminal
2 21 investigation or pose a clear and present danger to the safety
2 22 of an individual.
2 23 Sec. 3. Section 462A.7, subsection 3, Code 2005, is
2 24 amended to read as follows:
2 25 3. Every law enforcement peace officer who, in the regular
2 26 course of duty, investigates an occurrence which is required
2 27 to be reported by this section, shall, after completing such
2 28 investigation, forward a report of such occurrence to the
2 29 commission.
2 30 Sec. 4. Section 462A.7, subsection 4, paragraph b, Code
2 31 2005, is amended to read as follows:
2 32 b. All written reports filed by law enforcement peace
2 33 officers as required under subsection 3 are confidential to
2 34 the extent provided in section 22.7, subsection 5, and section
2 35 622.11. However, a completed law enforcement officer's report
3 1 shall be made available by the department or the investigating
3 2 law enforcement agency to any party to a boating accident,
3 3 collision, or other casualty, the party's insurance company or
3 4 its agent, or the party's attorney person on written request
3 5 and payment of a fee. However, a peace officer's
3 6 investigative report surrounding a crime or incident shall be
3 7 kept confidential in those unusual circumstances where there
3 8 is ongoing criminal activity or where disclosure would plainly
3 9 and seriously jeopardize an ongoing criminal investigation or
3 10 pose a clear and present danger to the safety of an
3 11 individual.
3 12 EXPLANATION
3 13 This bill relates to the dissemination of accident reports
3 14 concerning vehicles and watercraft required to be made by
3 15 peace officers.
3 16 Code section 321.266 is amended to provide that any "peace
3 17 officer" instead of any "law enforcement officer" is required
3 18 to make a written report of motor vehicle accidents. Code
3 19 section 321.271 is amended to provide that such written
3 20 reports must be made available to any person who makes a
3 21 written request to the department and pays a $4 fee. Code
3 22 section 321.271 is also amended to provide that such an
3 23 investigative report shall be kept confidential in those
3 24 unusual circumstances where there is ongoing criminal activity
3 25 or where disclosure would plainly and seriously jeopardize an
3 26 ongoing criminal investigation or pose a clear and present
3 27 danger to the safety of an individual. Currently, such
3 28 investigative reports are only available to a party to an
3 29 accident, the party's insurance company or its agent, the
3 30 party's attorney, the federal motor carrier safety
3 31 administration, or the attorney general and only the date,
3 32 time, specific location, and immediate facts and circumstances
3 33 surrounding a crime or incident can be released to the public
3 34 even if the unusual circumstances do not exist.
3 35 Code section 462A.7 is amended to provide that any "peace
4 1 officer" instead of any "law enforcement officer" is required
4 2 to make a written report of collisions, accidents, and
4 3 casualties involving watercraft to the natural resource
4 4 commission. Code section 462A.7 is also amended to provide
4 5 that such investigative reports must be made available by the
4 6 department of natural resources or the investigating law
4 7 enforcement agency to any person who makes a written request
4 8 and pays a fee. Currently, such reports are available only to
4 9 a party to an accident, the party's insurance company or its
4 10 agent, or the party's attorney. Currently, such reports are
4 11 otherwise confidential pursuant to Code section 22.7 of the
4 12 Iowa open records law and only the date, time, specific
4 13 location, and immediate facts and circumstances surrounding
4 14 such a crime or incident involving watercraft can be released
4 15 to the public except in those unusual circumstances where even
4 16 that limited disclosure would plainly and seriously jeopardize
4 17 an investigation or pose a clear and present danger to the
4 18 safety of an individual. Code section 462A.7 is amended to
4 19 provide that such investigative reports are confidential only
4 20 in those unusual circumstances.
4 21 LSB 1019YH 81
4 22 av/sh/8