HF 361 (LSB 2167YH (2) 88)

HOUSE FILE 361

BY  MASCHER

A BILL FOR

An Act relating to the confidentiality of audio records and transcripts of 911 service calls involving a child as a witness or victim, or as the maker or the subject of the 911 service call. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  All audio and transcript records information relating to 911 service calls dispatched or relayed to a public or private safety agency, as defined in section 34A.2, including after any applicable statute of limitations has expired, if such audio and transcript records involve a child, as defined in section 232.2, who is any of the following: 
   (1)  A victim or witness to a crime.
   (2)  A victim or witness to a distressing event.
   (3)  The maker of a 911 service call.
   (4)  The subject of a 911 service call.
   b.  The provisions of this subsection shall not apply if the child described in paragraph “a” is later prosecuted in adult court for a crime related to the 911 service call.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the confidentiality of audio records and transcripts of 911 service calls when involving a child as a witness or victim, or as the maker or the subject of the 911 service call.
   Under current law in Code section 22.1(3), 911 service calls which do not contain confidential information are considered public records and may be kept confidential; however, the date, time, specific location, and immediate facts and circumstances must often be released except under unusual circumstances.
   The bill creates new subsection 22.7(5A) to provide that audio or transcripts of 911 service calls dispatched or relayed to a public or private safety agency shall be kept confidential, including after any applicable statute of limitations has run, when the service calls involve a child as a witness or victim, or as the maker or the subject of the 911 service call. For purposes of the bill, a child is defined as a person under the age of 18. 
   The bill creates an exception to the required confidentiality if the child is later prosecuted as an adult for a crime related to the 911 service call.