S.F. 241 Section 1. Section 22.7, subsection 5, Code 2017, is amended 1 to read as follows: 2 5. Peace officers’ investigative reports, privileged 3 records or information specified in section 80G.1, and specific 4 portions of electronic mail and telephone billing records of 5 law enforcement agencies if that information is part of an 6 ongoing investigation, except where disclosure is authorized 7 elsewhere in this Code. However, the date, time, specific 8 location, and immediate facts and circumstances surrounding a 9 crime or incident shall not be kept confidential under this 10 section , except in those unusual circumstances where disclosure 11 would plainly and seriously jeopardize an investigation or pose 12 a clear and present danger to the safety of an individual. 13 Specific portions of electronic mail and telephone billing 14 records may only be kept confidential under this subsection if 15 the length of time prescribed for commencement of prosecution 16 or the finding of an indictment or information under the 17 statute of limitations applicable to the crime that is under 18 investigation has not expired. 19 Sec. 2. Section 22.7, subsection 11, paragraph a, 20 unnumbered paragraph 1, Code 2017, is amended to read as 21 follows: 22 Personal information in confidential personnel records 23 of government bodies relating to identified or identifiable 24 individuals who are officials, officers, or employees of the 25 government bodies. However, the following information relating 26 to such individuals contained in personnel records shall be 27 public records , except as otherwise provided in section 80G.3 : 28 Sec. 3. NEW SECTION . 80G.1 Definitions. 29 As used in this section except as the context otherwise 30 requires: 31 1. “Compensation” means the same as defined in section 22.7, 32 subsection 11. 33 2. “Law enforcement officer” means the same as “peace 34 officer” as defined in section 801.4. 35 -1- LSB 1540XS (12) 87 jm/rh/rj 1/ 5

S.F. 241 3. “Undercover law enforcement officer” means a law 1 enforcement officer who is actively involved with and assigned 2 to investigate alleged violations of state or federal law and 3 whose identity as a law enforcement officer is concealed while 4 conducting an investigation. 5 Sec. 4. NEW SECTION . 80G.2 Law enforcement officer —— 6 privilege —— confidentiality. 7 1. a. A law enforcement officer shall not be examined or 8 be required to give evidence in any criminal proceeding that 9 requires the disclosure of any records or information relating 10 to any of the following: 11 (1) Techniques and procedures used by law enforcement 12 officers to lawfully observe, hear, or monitor information 13 related to activity that appears to be criminal, unless such 14 techniques and procedures are disclosed in a public forum or 15 are disclosed voluntarily by the law enforcement officer or the 16 agency that employs the law enforcement officer. 17 (2) Identification documents or other documents necessary 18 to conduct a lawful undercover criminal investigation. 19 (3) Personal identifying information about the law 20 enforcement officer or immediate family member of the law 21 enforcement officer, or other information unrelated to the law 22 enforcement officer’s professional duties which could be used 23 to threaten, harm, or intimidate the law enforcement officer 24 or immediate family member of the law enforcement officer, 25 or other information that could reasonably be construed to 26 constitute an unwarranted invasion of privacy of the law 27 enforcement officer or immediate family member of the law 28 enforcement officer. Personal information that is knowingly 29 and voluntarily disclosed by the law enforcement officer or 30 immediate family member of the law enforcement officer may be 31 redisseminated. 32 b. A law enforcement officer who is called to testify shall 33 not disclose information that is subject to nondisclosure as a 34 result of a court order, statute, contract, or a condition or 35 -2- LSB 1540XS (12) 87 jm/rh/rj 2/ 5

S.F. 241 requirement of a grant. 1 2. In determining whether nondisclosure of confidential 2 or privileged information about a law enforcement officer 3 may affect a defendant’s right to present a defense, the 4 court shall make findings on the record regarding the impact 5 of disclosure on the personal safety of the law enforcement 6 officer or immediate family member of the law enforcement 7 officer if the evidence is disclosed, the probative value 8 of the confidential or privileged information about the 9 law enforcement officer, the impact of disclosure on public 10 safety, the potential for partial or limited disclosure of the 11 privileged information, and the defendant’s constitutional 12 right to present a defense. Any privileged information that is 13 admitted for purposes of a pretrial hearing or a preliminary 14 admissibility determination shall remain confidential. 15 Sec. 5. NEW SECTION . 80G.3 Personnel information —— 16 undercover law enforcement officer —— confidentiality. 17 The name, photograph, compensation and benefit records, time 18 records, residential address, or any other personal identifying 19 information of an undercover law enforcement officer shall be 20 confidential while the undercover law enforcement officer is 21 actively involved with or assigned to investigate violations 22 of state or federal law. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to law enforcement officers including the 27 establishment of a law enforcement officer privilege and the 28 confidentiality of certain law enforcement officer personnel 29 records. 30 The bill defines a “law enforcement officer” to mean the same 31 as peace officer as defined in Code section 801.4. 32 Under the bill, a law enforcement officer shall not be 33 examined or be required to give evidence in any criminal 34 proceeding that requires the disclosure of any records or 35 -3- LSB 1540XS (12) 87 jm/rh/rj 3/ 5

S.F. 241 information relating to any of the following: techniques 1 and procedures used by law enforcement officers to lawfully 2 observe, hear, or monitor information related to criminal 3 activity, unless such techniques and procedures are disclosed 4 in a public forum or are disclosed voluntarily by the law 5 enforcement officer or the agency that employs the law 6 enforcement officer; identification documents necessary to 7 conduct a lawful undercover criminal investigation; or personal 8 identifying information about the law enforcement officer or 9 immediate family member of the law enforcement officer, or 10 other information unrelated to the law enforcement officer’s 11 professional duties which could be used to threaten, harm, or 12 intimidate the law enforcement officer or immediate family 13 member of the law enforcement officer, or other information 14 that could reasonably be construed to constitute an unwarranted 15 invasion of privacy of the law enforcement officer or immediate 16 family member of the law enforcement officer. Personal 17 information that is knowingly and voluntarily disclosed by the 18 law enforcement officer or immediate family member of the law 19 enforcement officer may be redisseminated under the bill. The 20 bill also provides that a law enforcement officer who is called 21 to testify shall not disclose information that is subject to 22 nondisclosure as a result of a court order, statute, contract, 23 or a condition or requirement of a grant. 24 The bill provides that in determining whether nondisclosure 25 of confidential or privileged information about a law 26 enforcement officer may affect a defendant’s right to present a 27 defense, the court shall make findings on the record regarding 28 the impact of disclosure on the personal safety of the law 29 enforcement officer or immediate family member of the law 30 enforcement officer if the evidence is disclosed, the probative 31 value of the confidential or privileged information about the 32 law enforcement officer, the impact of disclosure on public 33 safety, the potential for partial or limited disclosure of the 34 privileged information, and the defendant’s constitutional 35 -4- LSB 1540XS (12) 87 jm/rh/rj 4/ 5

S.F. 241 right to present a defense. Any privileged information that is 1 admitted for purposes of a pretrial hearing or a preliminary 2 admissibility determination shall remain confidential under the 3 bill. 4 The bill defines “undercover law enforcement officer” to 5 mean a law enforcement officer who is actively involved with 6 and assigned to investigate alleged violations of state or 7 federal law and whose identity as a law enforcement officer is 8 concealed while conducting an investigation. 9 The bill provides that the name, photograph, compensation 10 and benefit records, time records, residential address, or any 11 other personal identifying information of an undercover law 12 enforcement officer shall be confidential while the undercover 13 law enforcement officer is actively involved with or assigned 14 to investigate violations of state or federal law. 15 -5- LSB 1540XS (12) 87 jm/rh/rj 5/ 5