HF 2301 (LSB 5102YH (2) 85)

HOUSE FILE 2301

BY  HALL

A BILL FOR

An Act restricting the sale of information or data relating to a deferred judgment and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  602.1615  Dissemination of information or data related to a deferred judgment.
   1.  As used in this section, “information or data” means information or data contained within the Iowa court information system or criminal history data as defined in section 692.1 contained within the computer data storage system of the department of public safety or a criminal or juvenile justice agency.
   2.  A person who purchases information or data and offers such information or data for sale, shall not sell the information or data relating to a deferred judgment even if the official notification of the successful completion of probation following a deferred judgment has not occurred as of the date of the purchase.
   3.  The person who purchases the information or data shall bear the burden of determining if a case is related to a deferred judgment. If the person is unable to determine if a case is related to a deferred judgment the information or data shall not be sold or disseminated by the person until such a determination is made.
   4.  A person who violates this section shall pay a five hundred dollar civil penalty for each violation payable to the clerk of the district court for deposit in the general fund of the state pursuant to section 602.8108.
   5.  This section shall not apply to a law enforcement agency, the judicial branch, or any other entity authorized by law to disseminate information related to a deferred judgment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the sale of information or data related to a deferred judgment.
   The bill defines “information or data” to mean information or data contained within the Iowa court information system or criminal history data contained within the computer data storage system of the department of public safety or a criminal or juvenile justice agency.
   The bill prohibits a person, who purchases information or data, from selling the information or data relating to a deferred judgment even if the official notification of the successful completion of probation following a deferred judgment has not occurred as of the date of the purchase.
   The bill places the burden on the person who purchases the information or data to determine if a case is related to a deferred judgment. If the person is unable to determine a case is related to a deferred judgment, the bill prohibits the information or data from being sold or disseminated by the person until such a determination is made.
   A person who violates the bill is subject to a $500 civil penalty for each violation payable to the clerk of the district court for deposit into the general fund of the state pursuant to Code section 602.8108.
   The bill does not apply to a law enforcement agency, the judicial branch, or any other entity authorized by law to disseminate information related to a deferred judgment.