H.F. 222 Section 1. Section 804.29, subsection 2, paragraph a, Code 1 2013, is amended to read as follows: 2 a. A peace officer , or any other employee of a law 3 enforcement agency if allowed access pursuant to section 692.14 4 and if authorized in writing by the head of the agency . 5 EXPLANATION 6 This bill relates to the confidentiality of information 7 filed with the court for the purpose of securing an arrest 8 warrant. 9 Current law provides that, unless otherwise ordered by the 10 court, all information filed with the court for the purpose of 11 securing a warrant for an arrest, including but not limited to 12 a citation and affidavits, is a confidential record until a 13 peace officer has made the arrest and has returned the warrant, 14 or the defendant has made an initial appearance in court. 15 During the period of time such information is confidential, the 16 record is sealed by the court and the information contained 17 in the record cannot be disseminated to any person unless 18 otherwise ordered by the court. However, during the period of 19 confidentiality, a peace officer, an employee of the county 20 attorney’s office, a judicial officer or other court employee, 21 or an employee of the department of corrections or judicial 22 district department of correctional services, if authorized 23 by the director of the department of corrections, may receive 24 such confidential information without a court order during the 25 course of such person’s official duties. The bill additionally 26 authorizes an employee of a law enforcement agency, if allowed 27 access to the criminal history data exchange system and if 28 authorized in writing by the head of the agency, to receive 29 such confidential information without a court order during the 30 course of the employee’s official duties. 31 -1- LSB 1259HV (2) 85 rh/nh 1/ 1