Senate Study Bill 3025 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to persons examining and obtaining their own 1 criminal history data. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5114XD (2) 86 jm/rj

S.F. _____ H.F. _____ Section 1. Section 692.5, Code 2016, is amended to read as 1 follows: 2 692.5 Right of notice, access and challenge. 3 1. Any person or the person’s attorney shall have the right 4 to examine and obtain a copy of criminal history data filed 5 with the department that refers to the person. The person 6 or person’s attorney shall present or mail to the department 7 written authorization and may provide the person’s fingerprint 8 identification to the department on a form and in a manner 9 prescribed by the department . The department shall not copy 10 the fingerprint identification and shall return or destroy the 11 identification after the copy of the criminal history data is 12 made. The department may prescribe reasonable hours and places 13 of examination. 14 2. Any A person who files with the division a written 15 statement to the effect that a statement information contained 16 in the criminal history data that refers to the person is 17 nonfactual, or that information contained in the criminal 18 history data is not authorized by law to be kept, and requests 19 a correction or elimination of that the information that refers 20 to that the person shall be notified within twenty days by 21 the division, in writing, of the division’s decision or order 22 regarding the correction or elimination. Judicial review of 23 the actions of the division may be sought in accordance with 24 the terms of the Iowa administrative procedure Act, chapter 25 17A . Immediately upon the filing of the petition for judicial 26 review the court shall order the division to file with the 27 court a certified copy of the criminal history data and in no 28 other situation shall the division furnish an individual or the 29 individual’s attorney with a certified copy, except as provided 30 by this chapter . 31 3. Upon the request of the petitioner, the record and 32 evidence in a judicial review proceeding shall be closed to 33 all but the court and its officers, and access thereto shall 34 be refused unless otherwise ordered by the court. The clerk 35 -1- LSB 5114XD (2) 86 jm/rj 1/ 3

S.F. _____ H.F. _____ shall maintain a separate docket for such actions. A person, 1 other than the petitioner, shall not permit a copy of any of 2 the testimony or pleadings or the substance thereof to be made 3 available to any person other than a party to the action or 4 the party’s attorney. Violation of this section shall be a 5 public offense, punishable under section 692.7 . The provisions 6 of this section shall be the sole right of action against the 7 department, its subdivisions, or employees regarding improper 8 storage or release of criminal history data. 9 4. Whenever the division corrects or eliminates criminal 10 history data as requested or as ordered by the court, the 11 division shall advise all agencies or individuals who have 12 received the incorrect information the federal bureau of 13 investigation, if applicable, to correct their its files. Upon 14 application to the district court and service of notice on the 15 commissioner of public safety, any individual may request and 16 obtain a list of all persons and agencies who received criminal 17 history data referring to the individual, unless good cause be 18 shown why the individual should not receive the list. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to a person examining and obtaining 23 criminal history data of the person. 24 The bill specifies that a person or the person’s attorney may 25 request the criminal history data of the person by providing 26 the fingerprints of the person to the department of public 27 safety on a form and in a manner prescribed by the department. 28 The bill strikes a provision requiring a person or the person’s 29 attorney to present or mail written authorization and the 30 fingerprints of the person in order to examine and obtain the 31 criminal history data of the person. 32 The bill substitutes the term “information” for the term 33 “statement” when specifying that nonfactual information may be 34 contained in the criminal history data. 35 -2- LSB 5114XD (2) 86 jm/rj 2/ 3

S.F. _____ H.F. _____ The bill requires the division of criminal investigation of 1 the department of public safety to advise the federal bureau 2 of investigation to correct the criminal history data files of 3 the bureau, if the division of criminal investigation corrects 4 or eliminates criminal history data as requested or ordered 5 by the court. Under current law, if the division of criminal 6 investigation corrects or eliminates criminal history data as 7 requested or ordered by the court, the division of criminal 8 investigation must advise all agencies or individuals who have 9 received the incorrect information to correct the criminal 10 history data files. 11 The bill also strikes a provision that specifies that 12 an individual may request and obtain a list of all persons 13 and agencies who received the criminal history data of the 14 individual unless good cause is shown that the individual 15 should not receive the list. 16 -3- LSB 5114XD (2) 86 jm/rj 3/ 3