HOUSE FILE 231

BY  WILLEMS

A BILL FOR

An Act relating to public access to audio recordings of 911 telephone calls.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 22.7, subsection 5, Code 2011, is amended to read as follows:
   5.  Peace officers’ investigative reports, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual.  An audio recording received by an emergency 911 notification device, as defined in section 34A.2, that conveys the date, time, specific location, or immediate facts or circumstances surrounding a crime or incident, and is otherwise not considered confidential under this section, shall be kept confidential but a written transcript of the audio recording shall not be kept confidential. To the extent that a 911 audio recording may convey the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident, and otherwise be considered not confidential under this section, only a written transcript of the audio recording shall be considered a public record. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.
   Sec. 2.  Section 22.7, subsection 18, paragraph c, Code 2011, is amended to read as follows:
   c.  Information contained in the communication is a public record to the extent that it indicates the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act, except to the extent that its disclosure would plainly and seriously jeopardize a continuing investigation or pose a clear and present danger to the safety of any person.  An audio recording received by an emergency 911 notification device, as defined in section 34A.2, that conveys the date, time, specific location, or immediate facts or circumstances surrounding a crime or incident, and is otherwise not considered confidential under this section, shall be kept confidential but a written transcript of the audio recording shall not be kept confidential. To the extent that a 911 audio recording may convey the date, time, specific location, and immediate facts and circumstances surrounding a crime or other illegal act, and otherwise be considered not confidential under this section, only a written transcript of the audio recording shall be considered a public record. In any action challenging the failure of the lawful custodian to disclose any particular information of the kind enumerated in this paragraph, the burden of proof is on the lawful custodian to demonstrate that the disclosure of that information would jeopardize such an investigation or would pose such a clear and present danger.
EXPLANATION
   This bill relates to provisions currently contained in Code section 22.7, dealing with confidential public records. 
   Code section 22.7, subsection 5, provides that peace officers’ investigative reports, and specific portions of electronic mail and telephone billing records of law enforcement agencies are to be regarded as confidential if that information is part of an ongoing investigation unless disclosure is authorized elsewhere in the Code. There is an exception providing for public access to the disclosure of the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident except where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. 
   Similarly, Code section 22.7, subsection 18, confers confidential status on communications not required by law, rule, procedure, or contract made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Exceptions providing for public access include information conveying the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act, except to the extent that its disclosure would plainly and seriously jeopardize a continuing investigation or pose a clear and present danger to the safety of any person. 
   In both instances, the bill provides that an audio recording received by an emergency 911 notification device, as defined in Code section 34A.2, that conveys the date, time, specific location, or immediate facts or circumstances surrounding a crime or incident, and is otherwise not considered confidential, shall be kept confidential but a written transcript of the audio recording shall not be kept confidential.