Senate File 445 - Introduced SENATE FILE 445 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 241) A BILL FOR An Act relating to law enforcement officers including the 1 establishment of a law enforcement officer privilege and the 2 confidentiality of certain law enforcement officer personnel 3 records. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1540SV (2) 87 jm/rh/rj

S.F. 445 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 1540SV (2) 87 jm/rh/rj 1/ 5

S.F. 445 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) Identification documents or other documents necessary 12 to conduct a lawful undercover criminal investigation. 13 (2) Personal identifying information about the law 14 enforcement officer or immediate family member of the law 15 enforcement officer, or other information unrelated to the law 16 enforcement officer’s professional duties which could be used 17 to threaten, harm, or intimidate the law enforcement officer 18 or immediate family member of the law enforcement officer, 19 or other information that could reasonably be construed to 20 constitute an unwarranted invasion of privacy of the law 21 enforcement officer or immediate family member of the law 22 enforcement officer. Personal information that is knowingly 23 and voluntarily disclosed by the law enforcement officer or 24 immediate family member of the law enforcement officer may be 25 redisseminated. 26 b. A law enforcement officer who is called to testify shall 27 not disclose information that is subject to nondisclosure as a 28 result of a court order, statute, contract, or a condition or 29 requirement of a grant. 30 2. In determining whether nondisclosure of confidential 31 or privileged information about a law enforcement officer 32 may affect a defendant’s right to present a defense, the 33 court shall make findings on the record regarding the impact 34 of disclosure on the personal safety of the law enforcement 35 -2- LSB 1540SV (2) 87 jm/rh/rj 2/ 5

S.F. 445 officer or immediate family member of the law enforcement 1 officer if the evidence is disclosed, the probative value 2 of the confidential or privileged information about the 3 law enforcement officer, the impact of disclosure on public 4 safety, the potential for partial or limited disclosure of the 5 privileged information, and the defendant’s constitutional 6 right to present a defense. Any privileged information that is 7 admitted for purposes of a pretrial hearing or a preliminary 8 admissibility determination shall remain confidential. 9 Sec. 5. NEW SECTION . 80G.3 Personnel information —— 10 undercover law enforcement officer —— confidentiality. 11 The name, photograph, compensation and benefit records, time 12 records, residential address, or any other personal identifying 13 information of an undercover law enforcement officer shall be 14 confidential while the undercover law enforcement officer is 15 actively involved with or assigned to investigate violations 16 of state or federal law. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to law enforcement officers including the 21 establishment of a law enforcement officer privilege and the 22 confidentiality of certain law enforcement officer personnel 23 records. 24 The bill defines a “law enforcement officer” to mean the same 25 as peace officer as defined in Code section 801.4. 26 Under the bill, a law enforcement officer shall not be 27 examined or be required to give evidence in any criminal 28 proceeding that requires the disclosure of any records or 29 information relating to any of the following: identification 30 documents necessary to conduct a lawful undercover criminal 31 investigation; or personal identifying information about the 32 law enforcement officer or immediate family member of the law 33 enforcement officer, or other information unrelated to the law 34 enforcement officer’s professional duties which could be used 35 -3- LSB 1540SV (2) 87 jm/rh/rj 3/ 5

S.F. 445 to threaten, harm, or intimidate the law enforcement officer 1 or immediate family member of the law enforcement officer, 2 or other information that could reasonably be construed to 3 constitute an unwarranted invasion of privacy of the law 4 enforcement officer or immediate family member of the law 5 enforcement officer. Personal information that is knowingly 6 and voluntarily disclosed by the law enforcement officer or 7 immediate family member of the law enforcement officer may be 8 redisseminated under the bill. The bill also provides that 9 a law enforcement officer who is called to testify shall not 10 disclose information that is subject to nondisclosure as a 11 result of a court order, statute, contract, or a condition or 12 requirement of a grant. 13 The bill provides that in determining whether nondisclosure 14 of confidential or privileged information about a law 15 enforcement officer may affect a defendant’s right to present a 16 defense, the court shall make findings on the record regarding 17 the impact of disclosure on the personal safety of the law 18 enforcement officer or immediate family member of the law 19 enforcement officer if the evidence is disclosed, the probative 20 value of the confidential or privileged information about the 21 law enforcement officer, the impact of disclosure on public 22 safety, the potential for partial or limited disclosure of the 23 privileged information, and the defendant’s constitutional 24 right to present a defense. Any privileged information that is 25 admitted for purposes of a pretrial hearing or a preliminary 26 admissibility determination shall remain confidential under the 27 bill. 28 The bill defines “undercover law enforcement officer” to 29 mean a law enforcement officer who is actively involved with 30 and assigned to investigate alleged violations of state or 31 federal law and whose identity as a law enforcement officer is 32 concealed while conducting an investigation. 33 The bill provides that the name, photograph, compensation 34 and benefit records, time records, residential address, or any 35 -4- LSB 1540SV (2) 87 jm/rh/rj 4/ 5

S.F. 445 other personal identifying information of an undercover law 1 enforcement officer shall be confidential while the undercover 2 law enforcement officer is actively involved with or assigned 3 to investigate violations of state or federal law. 4 -5- LSB 1540SV (2) 87 jm/rh/rj 5/ 5