House File 2054 - Introduced HOUSE FILE 2054 BY FRY A BILL FOR An Act relating to the privacy of a victim of a sex offense in a 1 criminal or civil proceeding. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5068YH (1) 88 hf/rh
H.F. 2054 Section 1. Section 915.36, subsections 1 and 2, Code 2020, 1 are amended to read as follows: 2 1. Prior to an arrest or the filing of an information or 3 indictment, whichever occurs first, against a person charged 4 with a violation of chapter 709 , section 726.2 , or section 5 728.12 , committed with or on a child, as defined in section 6 702.5 232.2 , the identity of the child or any information 7 reasonably likely to disclose the identity of the child shall 8 not be released to the public by any public employee except as 9 authorized by the court of jurisdiction. 10 2. In order to protect the welfare of the child, the name of 11 the child and identifying biographical information shall not 12 appear on the information or indictment or any other public 13 record including any civil filings arising from the criminal 14 violation . Instead, a nondescriptive designation shall appear 15 on all public records. The nonpublic records containing the 16 child’s name and identifying biographical information shall 17 be kept by the court. This subsection does not apply to the 18 release of information to an accused a defendant or accused’s 19 defendant’s counsel; however, the use or release of this 20 information by the accused defendant or accused’s defendant’s 21 counsel for purposes other than the preparation of defense 22 constitutes contempt. 23 Sec. 2. Section 915.36, Code 2020, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5. This section also applies to a child 26 victim of a violation of chapter 709, section 726.2, or section 27 728.12, after attaining the age of eighteen. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the privacy of a victim of a sex offense 32 in a criminal or civil proceeding. 33 The bill changes the definition of “child” from a child under 34 14 years of age to a child under 18 years of age. 35 -1- LSB 5068YH (1) 88 hf/rh 1/ 2
H.F. 2054 The bill specifies that the identity of any child victim of 1 a criminal offense committed under Code chapter 709 (sexual 2 abuse and related sexual offenses), or Code sections 726.2 3 (incest) and 728.12 (sexual exploitation) shall not be released 4 to the public by any public employee except as authorized by 5 the court prior to the arrest or the filing of an information 6 or indictment, whichever occurs first, despite the child victim 7 attaining the age of 18. 8 The bill also provides that in order to protect the welfare 9 of the child victim, the name of the child and identifying 10 biographical information shall not appear on any other public 11 record including any civil filings arising from the criminal 12 violation, despite the child victim attaining the age of 18. 13 The bill does not apply to the release of information to 14 a defendant or a defendant’s attorney; however, the use or 15 release of this information by the defendant or defendant’s 16 counsel for purposes other than the preparation of defense 17 constitutes contempt. 18 A person who willfully violates the bill or who willfully 19 neglects or refuses to obey a court order made pursuant to this 20 bill commits contempt. 21 A release of information in violation of the bill does 22 not bar prosecution or provide grounds for dismissal of the 23 criminal charges. 24 -2- LSB 5068YH (1) 88 hf/rh 2/ 2