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