House Study Bill 613



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC SAFETY BILL)


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

                                      A BILL FOR

  1 An Act relating to the confidentiality and release of an
  2    intelligence assessment or intelligence data.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5364XD 81
  5 jm/cf/24

PAG LIN



  1  1    Section 1.  Section 22.7, Code Supplement 2005, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  52.  An intelligence assessment and
  1  4 intelligence data under chapter 692, except as provided in
  1  5 section 692.8A.
  1  6    Sec. 2.  Section 692.8A, subsection 4, Code 2005, is
  1  7 amended to read as follows:
  1  8    4.  An intelligence assessment and intelligence data shall
  1  9 be deemed a confidential record of the department under
  1 10 section 22.7, subsection 52, except as otherwise provided in
  1 11 this subsection.  This section shall not be construed to
  1 12 prohibit the dissemination of an intelligence assessment to
  1 13 any agency or organization if necessary for carrying out the
  1 14 official duties of the agency or organization, or to a person
  1 15 if disseminated for an official purpose, and to a person if
  1 16 necessary to protect a person or property from a threat of
  1 17 imminent serious harm.  This section shall also not be
  1 18 construed to prohibit the department from disseminating a
  1 19 public health and safety threat advisory or alert by press
  1 20 release or other method or public communication.
  1 21                           EXPLANATION
  1 22    This bill relates to the confidentiality and release of an
  1 23 intelligence assessment or intelligence data.
  1 24    The bill makes an intelligence assessment or intelligence
  1 25 data of the department of public safety a confidential record
  1 26 under Code section 22.7.  "Intelligence data" is defined in
  1 27 Code section 692.1 to mean information on identifiable
  1 28 individuals compiled in an effort to anticipate, prevent, or
  1 29 monitor possible criminal activity.  "Intelligence assessment"
  1 30 is defined in Code section 692.1 to mean an analysis of
  1 31 information based in whole or in part upon intelligence data.
  1 32    Under current law, Code section 692.8A governs the
  1 33 dissemination of an intelligence assessment or intelligence
  1 34 data.  The bill provides that making an intelligence
  1 35 assessment or intelligence data a confidential record does not
  2  1 prohibit the department from disseminating information about a
  2  2 public health and safety threat advisory or alert.  The bill
  2  3 also provides that when an intelligence assessment or
  2  4 intelligence data are disseminated, the assessment or data may
  2  5 be disseminated by press release or other methods of public
  2  6 communication to address a public health or safety threat.
  2  7 LSB 5364XD 81
  2  8 jm:rj/cf/24.1