House File 581 - Introduced HOUSE FILE 581 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 323) A BILL FOR An Act relating to the confidentiality of search warrant 1 information in a criminal case resulting in an acquittal or 2 a dismissal. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1111HV (2) 87 rh/rj

H.F. 581 Section 1. Section 808.13, Code 2017, is amended to read as 1 follows: 2 808.13 Confidentiality. 3 1. All Except as otherwise provided in subsection 2, all 4 information filed with the court for the purpose of securing 5 a warrant for a search, including but not limited to an 6 application and affidavits, shall be a confidential record 7 until such time as a peace officer has executed the warrant 8 and has made return thereon. During the period of time that 9 information is confidential it shall be sealed by the court, 10 and the information contained therein shall not be disseminated 11 to any person other than a peace officer, magistrate, or 12 another court employee, in the course of official duties. 13 2. a. All information filed with the court for the purpose 14 of securing a warrant for a search or seizure of property in 15 a criminal case that results in an acquittal or the dismissal 16 of all criminal charges, including a dismissal relating to a 17 deferred judgment under section 907.9, upon such acquittal or 18 dismissal, shall be a confidential record, shall be sealed by 19 the court, and shall not be disseminated to any person other 20 than a peace officer, county attorney, magistrate, or another 21 court employee, in the course of official duties. 22 b. This subsection shall only apply to a warrant identifying 23 one defendant and not multiple defendants. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the confidentiality of search warrant 28 information in a criminal case resulting in an acquittal or a 29 dismissal. 30 Under current law, all information filed with the court for 31 the purpose of securing a search warrant is a confidential 32 record until a peace officer has executed the warrant and 33 has filed a return of service with the court. During the 34 confidentiality period, the information shall be sealed by the 35 -1- LSB 1111HV (2) 87 rh/rj 1/ 2

H.F. 581 court and the information cannot be disseminated to any person 1 other than a peace officer, county attorney, magistrate, or 2 another court employee, in the course of official duties. 3 The bill provides that all information filed with the court 4 for the purpose of securing a warrant for a search or seizure 5 of property in a criminal case that results in an acquittal or 6 the dismissal of all criminal charges, including a dismissal 7 relating to a deferred judgment under Code section 907.9, upon 8 such acquittal or dismissal, shall be a confidential record, 9 shall be sealed by the court, and shall not be disseminated to 10 any person other than a peace officer, magistrate, or another 11 court employee, in the course of official duties. The bill 12 only applies to a warrant identifying one defendant and not 13 multiple defendants. 14 -2- LSB 1111HV (2) 87 rh/rj 2/ 2