House File 2115 - Introduced HOUSE FILE 2115 BY STAED , MASCHER , M. SMITH , ABDUL-SAMAD , BERRY , WINCKLER , STECKMAN , GAINES , THEDE , ANDERSON , WOLFE , OURTH , and BEARINGER A BILL FOR An Act relating to the privacy of a victim of sexual related 1 crimes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5179YH (3) 85 jm/rj
H.F. 2115 Section 1. Section 915.36, subsections 1 and 2, Code 2014, 1 are amended to read as follows: 2 1. a. Prior to an arrest or the filing of an information 3 or indictment, whichever occurs first, against a person 4 charged with a violation of chapter 709 , section 726.2 , or 5 section 728.12 , committed with or on a child, as defined in 6 section 702.5 , the identity of the child or any information 7 reasonably likely to disclose the identity of the child shall 8 not be released to the public by any public employee except as 9 authorized by the court of jurisdiction. 10 b. Prior to an arrest or the filing of an information or 11 indictment, whichever occurs first, against a person charged 12 with a violation of chapter 709, the identity of the victim or 13 any information reasonably likely to disclose the identity of 14 the victim shall not be released to the public by any public 15 employee except as authorized by the court of jurisdiction. 16 2. In order to protect the welfare of the child or victim , 17 the name of the child or victim and identifying biographical 18 information shall not appear on the information or indictment 19 or any other public record. Instead, a nondescriptive 20 designation shall appear on all public records. The nonpublic 21 records containing the child’s or victim’s name and identifying 22 biographical information shall be kept by the court. This 23 subsection does not apply to the release of information to 24 an accused or accused’s counsel; however, the use or release 25 of this information by the accused or accused’s counsel for 26 purposes other than the preparation of defense constitutes 27 contempt. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the privacy of a victim of sexual 32 related crimes. 33 Under the bill, the identity of any victim of a criminal 34 offense committed under Code chapter 709 (sexual abuse and 35 -1- LSB 5179YH (3) 85 jm/rj 1/ 2
H.F. 2115 other sexual offenses) shall not be released to the public by 1 any public employee except as authorized by the court prior 2 to the arrest or the filing of an information or indictment, 3 whichever occurs first. 4 The bill also provides that in order to protect the 5 welfare of the victim, the name of the victim and identifying 6 biographical information shall not appear on the information 7 or indictment or any other public record. The bill further 8 specifies a nondescriptive designation shall appear on all 9 public records. 10 This bill does not apply to the release of information to 11 a defendant or a defendant’s attorney; however, the use or 12 release of this information by the defendant or defendant’s 13 counsel for purposes other than the preparation of defense 14 constitutes contempt. 15 A person who willfully violates the bill or who willfully 16 neglects or refuses to obey a court order made pursuant to this 17 bill commits contempt. 18 A release of information in violation of the bill does not 19 bar prosecution or provide grounds for dismissal of criminal 20 charges. 21 -2- LSB 5179YH (3) 85 jm/rj 2/ 2