House File 526 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HSB 174)


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

                                      A BILL FOR

  1 An Act relating to the department of public safety practices and
  2    procedures.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1263HV 82
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 80.9, subsection 1, unnumbered
  1  2 paragraph 1, Code 2007, is amended to read as follows:
  1  3    They A peace officer shall not exercise their the general
  1  4 powers of a peace officer within the limits of any city,
  1  5 except:
  1  6    Sec. 2.  Section 80.9, subsection 2, unnumbered paragraph
  1  7 1, Code 2007, is amended to read as follows:
  1  8    In more particular, their the duties of a peace officer
  1  9 shall be as follows:
  1 10    Sec. 3.  Section 80.9, subsection 3, Code 2007, is amended
  1 11 to read as follows:
  1 12    3.  They A peace officer may administer oaths, acknowledge
  1 13 signatures, and take voluntary testimony pursuant to their
  1 14 duties as provided by law.
  1 15    Sec. 4.  Section 81.2, subsection 6, Code 2007, is amended
  1 16 to read as follows:
  1 17    6.  A person required to register as a sex offender shall
  1 18 submit a DNA sample for DNA profiling pursuant to section
  1 19 81.4.
  1 20    Sec. 5.  NEW SECTION.  692.3  REDISSEMINATION OF ARREST
  1 21 DATA AND OTHER INFORMATION.
  1 22    A criminal or juvenile justice agency may redisseminate
  1 23 arrest data, and the name, photograph, physical description,
  1 24 and other identifying information concerning a person who is
  1 25 wanted or being sought if a warrant for the arrest of that
  1 26 person has been issued.  Information relating to any threat
  1 27 the person may pose to the public may also be redisseminated.
  1 28 The information may be redisseminated through any written,
  1 29 audio, or visual means utilized by a criminal or juvenile
  1 30 justice agency.  Any redissemination of information pursuant
  1 31 to this section shall also include the statement provided in
  1 32 section 692.2, subsection 1, paragraph "b", subparagraph (5).
  1 33    Sec. 6.  Section 692.6, Code 2007, is amended to read as
  1 34 follows:
  1 35    692.6  CIVIL REMEDY.
  2  1    Any person may institute a civil action for damages under
  2  2 chapter 669 or 670 or to restrain the dissemination of the
  2  3 person's criminal history data or intelligence data in
  2  4 violation of this chapter, and.  Notwithstanding any
  2  5 provisions of chapter 669 or 670 to the contrary, any person,
  2  6 agency, or governmental body proven to have disseminated or to
  2  7 have requested and received criminal history data or
  2  8 intelligence data in violation of this chapter shall be liable
  2  9 for actual damages and exemplary damages for each violation
  2 10 and shall be liable for court costs, expenses, and reasonable
  2 11 attorneys' fees incurred by the party bringing the action.  In
  2 12 no case shall the award for damages be less than one hundred
  2 13 dollars.
  2 14    Sec. 7.  Section 692.15, subsection 3, Code 2007, is
  2 15 amended to read as follows:
  2 16    3.  The law enforcement agency making an arrest and
  2 17 securing fingerprints pursuant to section 690.2 or taking a
  2 18 juvenile into custody and securing fingerprints pursuant to
  2 19 section 232.148 shall fill out a final disposition report on
  2 20 each arrest or taking into custody on a form and in the manner
  2 21 prescribed by the commissioner of public safety.  The final
  2 22 disposition report shall be forwarded to the county attorney,
  2 23 or at the discretion of the county attorney, to the clerk of
  2 24 the district court, in the county where the arrest or taking
  2 25 into custody occurred, or to the juvenile court officer who
  2 26 received the referral, whichever is deemed appropriate under
  2 27 the circumstances.
  2 28    Sec. 8.  Section 692.16, Code 2007, is amended to read as
  2 29 follows:
  2 30    692.16  REVIEW AND REMOVAL.
  2 31    At least every year the division shall review and determine
  2 32 current status of all Iowa arrests or takings into custody
  2 33 reported, which are at least one year four years old with no
  2 34 disposition data.  Any Iowa arrest or taking of a juvenile
  2 35 into custody recorded within a computer data storage system
  3  1 which has no disposition data after four years shall be
  3  2 removed unless there is an outstanding arrest warrant or
  3  3 detainer on such charge.
  3  4    Sec. 9.  Section 725.9, subsection 2, Code 2007, is amended
  3  5 by striking the subsection.
  3  6    Sec. 10.  Section 725.9, subsection 3, Code 2007, is
  3  7 amended to read as follows:
  3  8    3.  "Gambling device" means a device used or adapted or
  3  9 designed to be used for gambling and includes, but is not
  3 10 limited to, roulette wheels, klondike tables, punchboards,
  3 11 faro layouts, keno layouts, numbers tickets, slot machines,
  3 12 pachislo skill=stop machine or any other similar machine or
  3 13 device, pinball machines, push cards, jar tickets and
  3 14 pull=tabs.  However, "gambling device" does not include an
  3 15 antique slot machine, antique pinball machine, or any device
  3 16 regularly manufactured and offered for sale and sold as a toy,
  3 17 except that any use of such a toy, or antique slot machine or
  3 18 antique pinball machine for gambling purposes constitutes
  3 19 unlawful gambling.
  3 20    Sec. 11.  Section 809A.3, subsection 4, Code 2007, is
  3 21 amended to read as follows:
  3 22    4.  Notwithstanding subsections 1 through 3, violations of
  3 23 chapter 321 or 321J shall not be considered conduct giving
  3 24 rise to forfeiture, except for violations of the following:
  3 25    a.  Section 321.232.
  3 26    a.  b.  A second or subsequent violation of section
  3 27 321J.4B, subsection 2, paragraph "b".
  3 28    b.  c.  Section 321J.4B, subsection 9.
  3 29                           EXPLANATION
  3 30    This bill relates to department of public safety practices
  3 31 and procedures.
  3 32    The amendments to Code section 80.9 enhance the readability
  3 33 of the Code section.
  3 34    The amendment to Code section 81.2 specifies that a person
  3 35 required to register as a sex offender shall submit a DNA
  4  1 sample for DNA profiling.
  4  2    New Code section 692.3 provides that a criminal or juvenile
  4  3 justice agency may redisseminate department of public safety
  4  4 arrest data, and the name, photograph, physical description,
  4  5 and other identifying information concerning a person who is
  4  6 wanted or being sought if a warrant for the arrest of that
  4  7 person has been issued.  Information relating to any threat
  4  8 the person may pose to the public may also be redisseminated
  4  9 under the bill.
  4 10    The amendment to Code section 692.6 provides that a person
  4 11 may bring a civil suit to restrain the dissemination of a
  4 12 person's criminal history in violation of Code chapter 692 and
  4 13 be awarded actual and exemplary damages notwithstanding Code
  4 14 chapter 669 (state tort claims) or Code chapter 670 (tort
  4 15 liability of governmental subdivisions).
  4 16    The amendment to Code section 692.15 grants the county
  4 17 attorney discretion to decide whether the final disposition
  4 18 report of an arrest made in the county is forwarded to the
  4 19 county attorney, or to the clerk of the district court in the
  4 20 county where the arrest was made or to a juvenile court
  4 21 officer who received the referral, whichever is deemed
  4 22 appropriate under the circumstances.  Under current law the
  4 23 final disposition report shall be forwarded by the law
  4 24 enforcement agency making the arrest to the county attorney in
  4 25 the county of arrest or to the juvenile court officer who
  4 26 received the referral.
  4 27    The amendment to Code section 692.16 provides that the
  4 28 department of public safety shall annually review all arrests
  4 29 or takings into custody which are at least four years old with
  4 30 no disposition data.  Current law provides the department
  4 31 shall annually review all arrests or takings into custody
  4 32 which are at least one year old with no disposition data.
  4 33    The amendment to Code section 725.9 strikes the definition
  4 34 of "antique pinball machine" and defines a pachislo skill=stop
  4 35 machine as a "gambling device".  The amendment to Code section
  5  1 725.9 also strikes "pinball machine" from the definition of
  5  2 gambling device.  The definition of "gambling device" in Code
  5  3 section 725.9 also applies to Code chapter 99A (possession of
  5  4 gambling device) and 99B (games of skill or chance).
  5  5    The amendment to Code section 809A.3 provides that a person
  5  6 who violates Code section 321.232 (radar jamming devices) may
  5  7 be subject to a forfeiture action.  Current law prohibits a
  5  8 forfeiture action for violations of Code chapter 321 (motor
  5  9 vehicles and laws of the road).
  5 10 LSB 1263HV 82
  5 11 jm:rj/gg/14