Senate Study Bill 1164 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


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

                                      A BILL FOR

  1 An Act relating to the time period for which peace officers'
  2    investigative reports and specific portions of electronic mail
  3    and telephone billing records are to be kept confidential.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2154XC 82
  6 rh/je/5

PAG LIN



  1  1    Section 1.  Section 22.7, subsection 5, Code 2007, is
  1  2 amended to read as follows:
  1  3    5.  Peace officers' investigative reports, and specific
  1  4 portions of electronic mail and telephone billing records of
  1  5 law enforcement agencies if that information is part of an
  1  6 ongoing investigation, except where disclosure is authorized
  1  7 elsewhere in this Code.  However, the date, time, specific
  1  8 location, and immediate facts and circumstances surrounding a
  1  9 crime or incident shall not be kept confidential under this
  1 10 section, except in those unusual circumstances where
  1 11 disclosure would plainly and seriously jeopardize an
  1 12 investigation or pose a clear and present danger to the safety
  1 13 of an individual.  Specific portions of electronic mail and
  1 14 telephone billing records may only be kept confidential under
  1 15 this subsection only for as long as if the length of time
  1 16 prescribed for commencement of prosecution or the finding of
  1 17 an indictment or information under the statute of limitations
  1 18 would have run on a respective applicable to the crime that is
  1 19 under investigation has not expired.
  1 20                           EXPLANATION
  1 21    This bill specifies that certain peace officers'
  1 22 investigative reports and specific portions of electronic mail
  1 23 and telephone billing records of law enforcement agencies, if
  1 24 part of an ongoing investigation, may only be kept
  1 25 confidential under Iowa's open records law if the length of
  1 26 time prescribed for commencing prosecution or the finding of
  1 27 an indictment or information under the statute of limitations
  1 28 applicable to the crime that is under investigation has not
  1 29 expired, consistent with language in Code chapter 802
  1 30 (limitation of criminal actions) concerning statutory
  1 31 limitation periods for certain criminal actions.
  1 32 LSB 2154XC 82
  1 33 rh:nh/je/5