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 TLSB 5373HV (2) 88 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 -1- LSB 5373HV (2) 88 hf/rh 1/ 2
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 -2- LSB 5373HV (2) 88 hf/rh 2/ 2