H.F. 231 Section 1. Section 22.7, subsection 5, Code 2011, is amended 1 to read as follows: 2 5. Peace officers’ investigative reports, and specific 3 portions of electronic mail and telephone billing records of 4 law enforcement agencies if that information is part of an 5 ongoing investigation, except where disclosure is authorized 6 elsewhere in this Code. However, the date, time, specific 7 location, and immediate facts and circumstances surrounding a 8 crime or incident shall not be kept confidential under this 9 section , except in those unusual circumstances where disclosure 10 would plainly and seriously jeopardize an investigation or pose 11 a clear and present danger to the safety of an individual. 12 An audio recording received by an emergency 911 notification 13 device, as defined in section 34A.2, that conveys the date, 14 time, specific location, or immediate facts or circumstances 15 surrounding a crime or incident, and is otherwise not 16 considered confidential under this section, shall be kept 17 confidential but a written transcript of the audio recording 18 shall not be kept confidential. To the extent that a 911 19 audio recording may convey the date, time, specific location, 20 and immediate facts and circumstances surrounding a crime or 21 incident, and otherwise be considered not confidential under 22 this section, only a written transcript of the audio recording 23 shall be considered a public record. Specific portions of 24 electronic mail and telephone billing records may only be 25 kept confidential under this subsection if the length of time 26 prescribed for commencement of prosecution or the finding of 27 an indictment or information under the statute of limitations 28 applicable to the crime that is under investigation has not 29 expired. 30 Sec. 2. Section 22.7, subsection 18, paragraph c, Code 2011, 31 is amended to read as follows: 32 c. Information contained in the communication is a public 33 record to the extent that it indicates the date, time, specific 34 location, and immediate facts and circumstances surrounding 35 -1- LSB 1352YH (3) 84 rn/rj 1/ 3

H.F. 231 the occurrence of a crime or other illegal act, except to 1 the extent that its disclosure would plainly and seriously 2 jeopardize a continuing investigation or pose a clear and 3 present danger to the safety of any person. An audio recording 4 received by an emergency 911 notification device, as defined 5 in section 34A.2, that conveys the date, time, specific 6 location, or immediate facts or circumstances surrounding 7 a crime or incident, and is otherwise not considered 8 confidential under this section, shall be kept confidential 9 but a written transcript of the audio recording shall not be 10 kept confidential. To the extent that a 911 audio recording 11 may convey the date, time, specific location, and immediate 12 facts and circumstances surrounding a crime or other illegal 13 act, and otherwise be considered not confidential under this 14 section, only a written transcript of the audio recording shall 15 be considered a public record. In any action challenging the 16 failure of the lawful custodian to disclose any particular 17 information of the kind enumerated in this paragraph, the 18 burden of proof is on the lawful custodian to demonstrate that 19 the disclosure of that information would jeopardize such an 20 investigation or would pose such a clear and present danger. 21 EXPLANATION 22 This bill relates to provisions currently contained in Code 23 section 22.7, dealing with confidential public records. 24 Code section 22.7, subsection 5, provides that peace 25 officers’ investigative reports, and specific portions 26 of electronic mail and telephone billing records of law 27 enforcement agencies are to be regarded as confidential if 28 that information is part of an ongoing investigation unless 29 disclosure is authorized elsewhere in the Code. There is 30 an exception providing for public access to the disclosure 31 of the date, time, specific location, and immediate facts 32 and circumstances surrounding a crime or incident except 33 where disclosure would plainly and seriously jeopardize an 34 investigation or pose a clear and present danger to the safety 35 -2- LSB 1352YH (3) 84 rn/rj 2/ 3

H.F. 231 of an individual. 1 Similarly, Code section 22.7, subsection 18, confers 2 confidential status on communications not required by law, 3 rule, procedure, or contract made to a government body or 4 to any of its employees by identified persons outside of 5 government, to the extent that the government body receiving 6 those communications from such persons outside of government 7 could reasonably believe that those persons would be 8 discouraged from making them to that government body if they 9 were available for general public examination. Exceptions 10 providing for public access include information conveying 11 the date, time, specific location, and immediate facts and 12 circumstances surrounding the occurrence of a crime or other 13 illegal act, except to the extent that its disclosure would 14 plainly and seriously jeopardize a continuing investigation or 15 pose a clear and present danger to the safety of any person. 16 In both instances, the bill provides that an audio 17 recording received by an emergency 911 notification device, 18 as defined in Code section 34A.2, that conveys the date, 19 time, specific location, or immediate facts or circumstances 20 surrounding a crime or incident, and is otherwise not 21 considered confidential, shall be kept confidential but a 22 written transcript of the audio recording shall not be kept 23 confidential. 24 -3- LSB 1352YH (3) 84 rn/rj 3/ 3