House
File
2474
-
Introduced
HOUSE
FILE
2474
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
613)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
information
filed
1
with
the
court
to
secure
an
arrest
warrant.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5373HV
(2)
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hf/rh
H.F.
2474
Section
1.
Section
804.29,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
However,
during
the
period
of
confidentiality
3
in
subsection
1
,
the
information
in
the
record
may
be
4
disseminated,
without
court
order,
during
the
course
of
5
official
duties
to
the
following
persons
unless
access
to
such
6
information
is
expressly
denied
by
court
order
:
7
a.
A
peace
officer,
or
any
other
employee
of
a
law
8
enforcement
agency
if
allowed
access
pursuant
to
section
692.14
9
and
if
authorized
in
writing
by
the
head
of
the
agency.
10
b.
An
employee
of
the
county
attorney’s
office.
11
c.
A
judicial
officer
or
other
court
employees.
12
d.
An
employee
of
the
department
of
corrections
or
judicial
13
district
department
of
correctional
services,
if
authorized
by
14
the
director
of
the
department
of
corrections.
15
e.
A
court-appointed
attorney
in
a
specific
case
where
an
16
arrest
warrant
has
been
issued
but
not
served,
provided
the
17
defendant
is
in
custody
and
subject
to
a
hold
for
that
arrest
18
warrant.
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
the
confidentiality
of
information
23
filed
with
the
court
used
to
secure
an
arrest
warrant.
Current
24
law
specifies
that
information
filed
with
the
court
used
to
25
secure
an
arrest
warrant
shall
be
confidential
until
a
peace
26
officer
has
made
the
arrest
and
has
made
the
officer’s
return
27
on
the
warrant,
or
the
defendant
has
made
an
initial
appearance
28
in
court,
unless
otherwise
ordered
by
the
court.
During
the
29
period
of
confidentiality,
the
information
in
the
record
may
be
30
disseminated,
without
court
order,
to
certain
listed
persons
31
during
the
course
of
their
official
duties.
The
bill
provides
32
that,
during
the
confidentiality
period,
access
to
such
33
information
can
be
expressly
restricted
by
court
order.
The
34
bill
includes
an
attorney
appointed
by
the
court
to
represent
35
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H.F.
2474
the
defendant
in
a
specific
case
where
an
arrest
warrant
has
1
been
issued
but
not
served,
if
the
defendant
is
in
custody
2
and
subject
to
a
hold
for
that
arrest
warrant,
in
the
list
3
of
persons
to
whom
information
filed
with
the
court
for
the
4
purpose
of
securing
a
warrant
for
an
arrest
may
be
disseminated
5
during
the
confidentiality
period.
6
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