HF 2074 (LSB 5261YH (6) 86)

HOUSE FILE 2074

BY  FISHER and ANDERSON

A BILL FOR

An Act relating to the disclosure of an address confidentiality program participant’s address in certain legal proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 9E.7, subsection 1, paragraph a, Code 2016, is amended to read as follows:
   a.  Except as otherwise provided in subsection 2 and in section 9E.8, information collected, created, or maintained by the secretary related to applicants, eligible persons, and program participants is confidential unless otherwise ordered by a court or released by the lawful custodian of the records pursuant to state or federal law.
    Sec. 2.  NEW SECTION.  9E.8  Disclosure of program participant address in legal proceedings —— protective order.
   1.  If a program participant’s address is protected under section 9E.5, a person shall not be compelled to disclose the program participant’s address during discovery or during a proceeding before a court or other tribunal unless the court or other tribunal finds all of the following:
   a.  A reasonable belief exists that the address is needed to obtain information or evidence without which the investigation, prosecution, or litigation cannot proceed.
   b.  No other practicable means is available of obtaining the information or evidence from any other source.
   2.  The court or other tribunal shall provide the program participant with notice that disclosure of the program participant’s address is sought and provide the program participant an opportunity to present evidence at a hearing regarding the potential harm to the safety of the program participant if the program participant’s address is disclosed. In determining whether to compel disclosure, the court or other tribunal shall consider whether the potential harm to the safety of the program participant is outweighed by the interest in disclosure relating to the investigation, prosecution, or litigation. In a criminal proceeding, the court or other tribunal shall order disclosure of a program participant’s address if protecting the program participant’s address would violate a defendant’s constitutional right to confront a witness.
   3.  Disclosure of a program participant’s address under this section shall be limited under the terms of the order by the court or other tribunal to ensure that the disclosure and dissemination of the address will be no wider than necessary for the purposes of the investigation, prosecution, or litigation.
   4.  This section does not prevent the court or other tribunal from issuing a protective order to prevent disclosure of information other than the program participant’s address that could reasonably lead to the discovery of the program participant’s location.
   5.  This section shall apply to a participant in an out-of-state address confidentiality program substantially similar to the address confidentiality program established in this chapter.
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 disclosure of an address confidentiality program participant’s address in certain legal proceedings.
   The address confidentiality program was established in the office of the secretary of state (secretary) for persons who are victims of domestic abuse, domestic abuse assault, sexual abuse, stalking, and human trafficking. Under current law, information collected, created, or maintained by the secretary related to applicants, eligible persons, and program participants in the address confidentiality program is confidential unless otherwise ordered by a court, released by a lawful custodian of records, or under certain circumstances relating to public safety. The secretary assigns program participants a designated address (a post office box) to which all mail for a program participant is sent. “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant.
   The bill provides a person shall not be compelled to disclose a program participant’s address during discovery or during a proceeding before a court or other tribunal unless the court or other tribunal finds there is a reasonable belief that the address is needed to obtain information or evidence without which the investigation, prosecution, or litigation cannot proceed and there is no other practicable means of obtaining the information or evidence. The court shall notify the program participant that the disclosure of the program participant’s address is sought and provide the program participant an opportunity for a hearing to present evidence regarding the potential harm to the program participant’s safety if the program participant’s address is disclosed. In determining whether to compel disclosure, the court or other tribunal shall consider whether the potential harm to the safety of the program participant is outweighed by the interest in disclosure. In a criminal proceeding, the court or other tribunal shall order disclosure of a program participant’s address if protecting the program participant’s address would violate a defendant’s constitutional right to confront a witness. Disclosure is limited under the terms of the order by the court or other tribunal to ensure that the disclosure and dissemination of the address will be no wider than necessary for the purposes of the investigation, prosecution, or litigation.
   The bill provides that the court or other tribunal is not prevented from issuing a protective order to prevent disclosure of information other than the program participant’s address that could reasonably lead to the discovery of the program participant’s location.
   The bill also applies to a participant in an out-of-state address confidentiality program substantially similar to the program established in this Code chapter.