Senate File 331 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                           (SUCCESSOR TO SSB 1016)


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

                                      A BILL FOR

  1 An Act to establish an automated victim notification system in
  2    the department of justice.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1164SV 81
  5 kk/cf/24

PAG LIN



  1  1    Section 1.  Section 915.10, subsections 1 and 2, Code 2005,
  1  2 are amended to read as follows:
  1  3    1.  "Notification" means mailing by regular mail or
  1  4 providing for hand delivery of appropriate information or
  1  5 papers.  However, this notification procedure does not
  1  6 prohibit an office, agency, or department from also providing
  1  7 appropriate information to a registered victim by telephone,
  1  8 electronic mail, or other means.
  1  9    2.  "Registered" means having provided the county attorney
  1 10 with the victim's written request for registration and current
  1 11 mailing address and telephone number.  If an automated victim
  1 12 notification system is implemented pursuant to section
  1 13 915.10A, "registered" also means having filed a request for
  1 14 registration with the system pursuant to the rules adopted by
  1 15 the attorney general.
  1 16    Sec. 2.  NEW SECTION.  915.10A  AUTOMATED VICTIM
  1 17 NOTIFICATION SYSTEM.
  1 18    1.  The department of justice may establish under the
  1 19 direction of the attorney general an automated victim
  1 20 notification system to assist public officials in informing
  1 21 crime victims or other interested persons as provided in this
  1 22 subchapter and where otherwise specifically provided.  The
  1 23 system shall receive necessary information from participating
  1 24 officials and agencies and disseminate the information to
  1 25 registered victims and witnesses through telephonic,
  1 26 electronic, or other means of access.  The attorney general
  1 27 may enter into necessary contracts and arrangements to
  1 28 implement and operate the system.
  1 29    2.  The department of corrections, department of human
  1 30 services, board of parole, clerks of the district court,
  1 31 county attorneys, and local correctional facilities shall
  1 32 provide access to information as necessary for the effective
  1 33 operation of the system.
  1 34    3.  An office, agency, or department may satisfy a
  1 35 notification obligation to registered victims required by this
  2  1 subchapter through participation in the system to the extent
  2  2 information is available for dissemination through the system.
  2  3 Nothing in this section shall relieve a notification
  2  4 obligation under this subchapter due to the unavailability of
  2  5 information for dissemination through the system.
  2  6    4.  The attorney general may adopt rules necessary to
  2  7 implement and operate the automated victim notification
  2  8 system.
  2  9    5.  Notwithstanding section 232.147, information concerning
  2 10 juveniles charged with a felony offense shall be released to
  2 11 the extent necessary to comply with this section.
  2 12    6.  The attorney general may apply for federal funds
  2 13 available to assist in the establishment of an automated
  2 14 victim notification system.
  2 15    Sec. 3.  Section 915.11, Code 2005, is amended to read as
  2 16 follows:
  2 17    915.11  INITIAL NOTIFICATION BY LAW ENFORCEMENT.
  2 18    A local police department or county sheriff's department
  2 19 shall advise a victim of the right to register with the county
  2 20 attorney, and shall provide a request=for=registration form to
  2 21 each victim.  If an automated victim notification system is
  2 22 implemented pursuant to section 915.10A, a local police
  2 23 department or county sheriff's department shall provide a
  2 24 telephone number and website to each victim to register with
  2 25 the system.
  2 26    Sec. 4.  Section 915.12, Code 2005, is amended to read as
  2 27 follows:
  2 28    915.12  REGISTRATION.
  2 29    1.  The county attorney shall be the sole registrar of
  2 30 victims under this subchapter.
  2 31    2.  1.  A victim may register by filing a written request=
  2 32 for=registration form with the county attorney.  The county
  2 33 attorney shall notify the victims in writing and advise them
  2 34 of their registration and rights under this subchapter.
  2 35    3.  The county attorney shall provide a registered victim
  3  1 list to the offices, agencies, and departments required to
  3  2 provide information under this subchapter for notification
  3  3 purposes.
  3  4    2.  If an automated victim notification system is
  3  5 implemented pursuant to section 915.10A, a victim or other
  3  6 interested person may register with the system pursuant to the
  3  7 rules adopted by the attorney general by filing a request for
  3  8 registration through written, telephonic, or electronic means.
  3  9 The registrants shall be notified of their registration and
  3 10 rights under this subchapter pursuant to rules adopted by the
  3 11 attorney general.
  3 12    4.  3.  Notwithstanding chapter 22 or any other contrary
  3 13 provision of law, a victim's or other interested person's
  3 14 registration shall be strictly maintained in a separate
  3 15 confidential file or other confidential medium, and shall be
  3 16 available only to the offices, agencies, and departments
  3 17 required to provide information under this subchapter.
  3 18    Sec. 5.  Section 915.29, Code 2005, is amended by adding
  3 19 the following new unnumbered paragraph:
  3 20    NEW UNNUMBERED PARAGRAPH.  The notification required
  3 21 pursuant to this section may occur through the automated
  3 22 victim notification system established in section 915.10A to
  3 23 the extent such information is available for dissemination
  3 24 through the system.
  3 25    Sec. 6.  Section 915.45, Code 2005, is amended by adding
  3 26 the following new unnumbered paragraph:
  3 27    NEW UNNUMBERED PARAGRAPH.  The notification required
  3 28 pursuant to this section may occur through the automated
  3 29 victim notification system established in section 915.10A to
  3 30 the extent such information is available for dissemination
  3 31 through the system.
  3 32    Sec. 7.  Section 915.82, Code 2005, is amended by adding
  3 33 the following new subsection:
  3 34    NEW SUBSECTION.  4.  The board shall advise the attorney
  3 35 general on matters pertaining to the implementation and
  4  1 operation of an automated victim notification system
  4  2 implemented pursuant to section 915.10A.
  4  3                           EXPLANATION
  4  4    This bill relates to the establishment of an automated
  4  5 victim notification system in the department of justice under
  4  6 the direction of the attorney general.  The attorney general
  4  7 may establish the system to assist public officials in
  4  8 informing crime victims of information required to be provided
  4  9 to the victim which may include a schedule of court
  4 10 proceedings or parole hearings, and the release, escape,
  4 11 transfer, or pardon of an offender.  Notifications required to
  4 12 victims of juvenile and sexual offenders are also permitted
  4 13 through the system.  The attorney general may permit other
  4 14 interested persons access to the system by rule and may enter
  4 15 into necessary contracts to implement and operate the system.
  4 16    The department of corrections, the department of human
  4 17 services, the board of parole, clerks of the district court,
  4 18 county attorneys, and local corrections institutions are
  4 19 required to provide access to information as necessary to
  4 20 implement the system.  The attorney general may adopt rules to
  4 21 implement and operate the system and may apply for federal
  4 22 funds to assist in the establishment of the system.  The crime
  4 23 victim assistance board shall advise the attorney general
  4 24 regarding the implementation and operation of the system.
  4 25 LSB 1164SV 81
  4 26 kk:nh/cf/24