House File 265 - Introduced HOUSE FILE 265 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 5) A BILL FOR An Act relating to the confidentiality of search warrant 1 information in a criminal case resulting in an acquittal or 2 a dismissal. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1047HV (2) 88 as/rh

H.F. 265 Section 1. Section 808.13, Code 2019, is amended to read as 1 follows: 2 808.13 Confidentiality. 3 1. All Except as otherwise provided in subsection 2, all 4 information filed with the court for the purpose of securing 5 a warrant for a search, including but not limited to an 6 application and affidavits, shall be a confidential record 7 until such time as a peace officer has executed the warrant 8 and has made return thereon. If no criminal charges have 9 been filed within six months of the return of the warrant, 10 the warrant shall be sealed by the court. During the period 11 of time that information is confidential it shall be sealed 12 by the court, and the information contained therein shall not 13 be disseminated to any person other than a peace officer, 14 magistrate, or another court employee, in the course of 15 official duties. 16 2. All information filed with the court for the purpose 17 of securing a warrant for a search or seizure of property in 18 a criminal case that results in an acquittal or the dismissal 19 of all criminal charges, including a dismissal relating to a 20 deferred judgment under section 907.9, upon such acquittal or 21 dismissal, shall be a confidential record, shall be sealed by 22 the court, and shall not be disseminated to any person other 23 than a peace officer, county attorney, magistrate, or another 24 court employee, in the course of official duties. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the confidentiality of search warrant 29 information in a criminal case resulting in an acquittal or a 30 dismissal. 31 Under current law, all information filed with the court for 32 the purpose of securing a search warrant is a confidential 33 record until a peace officer has executed the warrant and 34 has filed a return of service with the court. During the 35 -1- LSB 1047HV (2) 88 as/rh 1/ 2

H.F. 265 confidentiality period, the information shall be sealed by 1 the court and the information cannot be disseminated to any 2 person other than a peace officer, county attorney, magistrate, 3 or another court employee, in the course of official duties. 4 The bill provides that if no criminal charges have been filed 5 within six months of the return of the warrant, the warrant 6 shall be sealed by the court. 7 The bill provides that all information filed with the court 8 for the purpose of securing a warrant for a search or seizure 9 of property in a criminal case that results in an acquittal or 10 the dismissal of all criminal charges, including a dismissal 11 relating to a deferred judgment under Code section 907.9, upon 12 such acquittal or dismissal, shall be a confidential record, 13 shall be sealed by the court, and shall not be disseminated to 14 any person other than a peace officer, magistrate, or another 15 court employee, in the course of official duties. 16 -2- LSB 1047HV (2) 88 as/rh 2/ 2