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