House Study Bill 174 



                                       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 department of public safety practices and
  2    procedures, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1263XD 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.  Section 692.2, subsection 1, paragraph b,
  1 21 subparagraph (4), Code 2007, is amended by striking the
  1 22 subparagraph.
  1 23    Sec. 6.  Section 692.2, Code 2007, is amended by adding the
  1 24 following new subsection:
  1 25    NEW SUBSECTION.  1A.  The department may provide copies or
  1 26 communicate information as provided in this subsection
  1 27 regarding deferred judgment information upon receipt of
  1 28 official notification of the successful completion of
  1 29 probation following a deferred judgment.  Deferred judgment
  1 30 information regarding a person who successfully completed
  1 31 probation shall only be disseminated by the department to a
  1 32 criminal or juvenile justice agency, to the person who is the
  1 33 subject of the deferred judgment information or the person's
  1 34 attorney, or to another person with a signed release from the
  1 35 person who is the subject of the deferred judgment information
  2  1 authorizing the requesting person access to the criminal
  2  2 history data, or for any other purpose required by law.
  2  3 Deferred judgment information shall be retained by the
  2  4 department for the purpose of complying with this subsection
  2  5 and for any other purpose required by law.
  2  6    Sec. 7.  NEW SECTION.  692.3  REDISSEMINATION OF ARREST
  2  7 DATA AND OTHER INFORMATION.
  2  8    A criminal or juvenile justice agency may redisseminate
  2  9 arrest data, and the name, photograph, physical description,
  2 10 and other identifying information concerning a person who is
  2 11 wanted or being sought if a warrant for the arrest of that
  2 12 person has been issued.  Information relating to any threat
  2 13 the person may pose to the public may also be redisseminated.
  2 14 The information may be redisseminated through any written,
  2 15 audio, or visual means utilized by a criminal or juvenile
  2 16 justice agency.  Any redissemination of information pursuant
  2 17 to this section shall also include the statement provided in
  2 18 section 692.2, subsection 1, paragraph "b", subparagraph (5).
  2 19    Sec. 8.  Section 692.6, Code 2007, is amended to read as
  2 20 follows:
  2 21    692.6  CIVIL REMEDY.
  2 22    Any person may institute a civil action for damages under
  2 23 chapter 669 or 670 or to restrain the dissemination of the
  2 24 person's criminal history data or intelligence data in
  2 25 violation of this chapter, and any person, agency or
  2 26 governmental body proven to have disseminated or to have
  2 27 requested and received criminal history data or intelligence
  2 28 data in violation of this chapter shall be liable for actual
  2 29 damages and exemplary damages for each violation and shall be
  2 30 liable for court costs, expenses and reasonable attorneys'
  2 31 fees incurred by the party bringing the action.  In no case
  2 32 shall the award for damages be less than one hundred dollars.
  2 33    Sec. 9.  Section 692.15, subsection 3, Code 2007, is
  2 34 amended to read as follows:
  2 35    3.  The law enforcement agency making an arrest and
  3  1 securing fingerprints pursuant to section 690.2 or taking a
  3  2 juvenile into custody and securing fingerprints pursuant to
  3  3 section 232.148 shall fill out a final disposition report on
  3  4 each arrest or taking into custody on a form and in the manner
  3  5 prescribed by the commissioner of public safety.  The final
  3  6 disposition report shall be forwarded to the county attorney,
  3  7 or at the discretion of the county attorney, to the clerk of
  3  8 the district court, in the county where the arrest or taking
  3  9 into custody occurred, or to the juvenile court officer who
  3 10 received the referral, whichever is deemed appropriate under
  3 11 the circumstances.
  3 12    Sec. 10.  Section 692.16, Code 2007, is amended to read as
  3 13 follows:
  3 14    692.16  REVIEW AND REMOVAL.
  3 15    At least every year the division shall review and determine
  3 16 current status of all Iowa arrests or takings into custody
  3 17 reported, which are at least one year four years old with no
  3 18 disposition data.  Any Iowa arrest or taking of a juvenile
  3 19 into custody recorded within a computer data storage system
  3 20 which has no disposition data after four years shall be
  3 21 removed unless there is an outstanding arrest warrant or
  3 22 detainer on such charge.
  3 23    Sec. 11.  Section 725.9, subsection 2, Code 2007, is
  3 24 amended by striking the subsection.
  3 25    Sec. 12.  Section 725.9, subsection 3, Code 2007, is
  3 26 amended to read as follows:
  3 27    3.  "Gambling device" means a device used or adapted or
  3 28 designed to be used for gambling and includes, but is not
  3 29 limited to, roulette wheels, klondike tables, punchboards,
  3 30 faro layouts, keno layouts, numbers tickets, slot machines,
  3 31 pachislo skill=stop machine or any other similar machine or
  3 32 device, pinball machines, push cards, jar tickets and
  3 33 pull=tabs.  However, "gambling device" does not include an
  3 34 antique slot machine, antique pinball machine, or any device
  3 35 regularly manufactured and offered for sale and sold as a toy,
  4  1 except that any use of such a toy, or antique slot machine or
  4  2 antique pinball machine for gambling purposes constitutes
  4  3 unlawful gambling.
  4  4    Sec. 13.  Section 809A.3, subsection 4, Code 2007, is
  4  5 amended to read as follows:
  4  6    4.  Notwithstanding subsections 1 through 3, violations of
  4  7 chapter 321 or 321J shall not be considered conduct giving
  4  8 rise to forfeiture, except for violations of the following:
  4  9    a.  Section 321.232.
  4 10    a.  b.  A second or subsequent violation of section
  4 11 321J.4B, subsection 2, paragraph "b".
  4 12    b.  c.  Section 321J.4B, subsection 9.
  4 13    Sec. 14.  Section 907.4, Code 2007, is amended to read as
  4 14 follows:
  4 15    907.4  DEFERRED JUDGMENT DOCKET.
  4 16    1.  A deferment of judgment under section 907.3 shall be
  4 17 entered promptly by the clerk of the district court, or the
  4 18 clerk's designee, into the deferred judgment database of the
  4 19 state, which shall serve as the deferred judgment docket.  The
  4 20 docket shall contain a permanent record of the deferred
  4 21 judgment including the name and date of birth of the
  4 22 defendant, the district court docket number, the nature of the
  4 23 offense, and the date of the deferred judgment.  Before
  4 24 granting deferred judgment in any case, the court shall search
  4 25 the deferred judgment docket and shall consider any prior
  4 26 record of a deferred judgment against the defendant.  The
  4 27 permanent record provided for in this section is a
  4 28 confidential record exempted from public access under section
  4 29 22.7 and shall be available only to justices of the supreme
  4 30 court, judges of the court of appeals, district judges,
  4 31 district associate judges, judicial magistrates, clerks of the
  4 32 district court, judicial district departments of correctional
  4 33 services, county attorneys, and the department of corrections
  4 34 requesting information pursuant to this section, or the
  4 35 designee of a justice, judge, magistrate, clerk, judicial
  5  1 district department of correctional services, or county
  5  2 attorney, or department.
  5  3    2.  Notwithstanding subsection 1, deferred judgment
  5  4 information may be disclosed by the department of public
  5  5 safety as provided in section 692.2.
  5  6    Sec. 15.  EFFECTIVE DATE.  This Act, being deemed of
  5  7 immediate importance, takes effect upon enactment.
  5  8                           EXPLANATION
  5  9    This bill relates to department of public safety practices
  5 10 and procedures.
  5 11    The amendments to Code section 80.9 enhance the readability
  5 12 of the Code section.
  5 13    The amendment to Code section 81.2 specifies that a person
  5 14 required to register as a sex offender shall submit a DNA
  5 15 sample for DNA profiling.
  5 16    The amendment to Code section 692.2 specifies that the
  5 17 department of public safety may disseminate deferred judgment
  5 18 information, after successful completion of probation, to the
  5 19 following agencies or persons:  a criminal or juvenile justice
  5 20 agency; the person who is the subject of the deferred judgment
  5 21 information or the person's attorney; or another person with a
  5 22 signed release from the person who is the subject of the
  5 23 deferred judgment information authorizing the requesting
  5 24 person access to the criminal history data; or for any other
  5 25 purpose required by law.
  5 26    New Code section 692.3 provides that a criminal or juvenile
  5 27 justice agency may redisseminate department of public safety
  5 28 arrest data, and the name, photograph, physical description,
  5 29 and other identifying information concerning a person who is
  5 30 wanted or being sought if a warrant for the arrest of that
  5 31 person has been issued.  Information relating to any threat
  5 32 the person may pose to the public may also be redisseminated
  5 33 under the bill.
  5 34    The amendment to Code section 692.6 eliminates specific
  5 35 statutory damages that may be awarded to a person who brings a
  6  1 civil suit under Code chapter 669 (state tort claims), or Code
  6  2 chapter 670 (tort liability of governmental subdivisions), or
  6  3 to restrain the dissemination of the person's criminal history
  6  4 data or intelligence data in violation of Code chapter 692.
  6  5    The amendment to Code section 692.15 grants the county
  6  6 attorney discretion to decide whether the final disposition
  6  7 report of an arrest made in the county is forwarded to the
  6  8 county attorney, or to the clerk of the district court in the
  6  9 county where the arrest was made, or to a juvenile court
  6 10 officer who received the referral, whichever is deemed
  6 11 appropriate under the circumstances.  Under current law the
  6 12 final disposition report shall be forwarded by the law
  6 13 enforcement agency making the arrest to the county attorney in
  6 14 the county of arrest or to the juvenile court officer who
  6 15 received the referral.
  6 16    The amendment to Code section 692.16 provides that the
  6 17 department of public safety shall annually review all arrests
  6 18 or takings into custody which are at least four years old with
  6 19 no disposition data.  Current law provides the department
  6 20 shall annually review all arrests or takings into custody
  6 21 which are at least one year old with no disposition data.
  6 22    The amendment to Code section 725.9 strikes the definition
  6 23 of "antique pinball machine" and defines a pachislo skill=stop
  6 24 machine as a "gambling device".  The definition of "gambling
  6 25 device" in Code section 725.9 also applies to Code chapter 99A
  6 26 (possession of gambling device) and 99B (games of skill or
  6 27 chance).
  6 28    The amendment to Code section 809A.3 provides that a person
  6 29 who violates Code section 321.232 (radar jamming devices) may
  6 30 be subject to a forfeiture action.  Current law prohibits a
  6 31 forfeiture action for violations of Code chapter 321 (motor
  6 32 vehicles and laws of the road).
  6 33    The amendment to Code section 907.4 permits the department
  6 34 of public safety to disclose confidential deferred judgment
  6 35 information pursuant to Code section 692.2 as amended by the
  7  1 bill.
  7  2    The bill takes effect upon enactment.
  7  3 LSB 1263XD 82
  7  4 jm:rj/gg/14.1