HSB 53 (LSB 1259DP (3) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to the confidentiality of information filed with the court for the purpose of securing an arrest warrant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.29, subsection 2, paragraph a, Code 2013, is amended to read as follows:
   a.  A peace officer, or any other employee of a law enforcement agency if authorized in writing by the head of the agency.
EXPLANATION
   This bill relates to the confidentiality of information filed with the court for the purpose of securing an arrest warrant.
   Current law provides that, unless otherwise ordered by the court, all information filed with the court for the purpose of securing a warrant for an arrest, including but not limited to a citation and affidavits, is a confidential record until a peace officer has made the arrest and has returned the warrant, or the defendant has made an initial appearance in court. During the period of time such information is confidential, the record is sealed by the court and the information contained in the record cannot be disseminated to any person unless otherwise ordered by the court. However, during the period of confidentiality, a peace officer, an employee of the county attorney’s office, a judicial officer or other court employee, or an employee of the department of corrections or judicial district department of correctional services, if authorized by the director of the department of corrections, may receive such confidential information without a court order during the course of such person’s official duties. The bill additionally authorizes an employee of a law enforcement agency, if authorized in writing by the head of the agency, to receive such confidential information without a court order during the course of the employee’s official duties.