House Study Bill 138 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) A BILL FOR An Act relating to the confidentiality of certain law 1 enforcement reports, records, and information under Iowa’s 2 open records law. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1071DP (4) 88 as/rh

S.F. _____ H.F. _____ Section 1. Section 22.7, subsection 5, Code 2019, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 5. a. Peace officers’ investigative reports, privileged 4 records or information specified in section 80G.2, and 5 specific portions of electronic mail and telephone billing 6 records of law enforcement agencies if that information is 7 part of an ongoing investigation, except where disclosure is 8 authorized elsewhere in this Code. However, specific portions 9 of electronic mail and telephone billing records may only be 10 kept confidential under this paragraph if the length of time 11 prescribed for commencement of prosecution or the finding of 12 an indictment or information under the statute of limitations 13 applicable to the crime that is under investigation has not 14 expired. 15 b. Records or information compiled for law enforcement 16 purposes. However, the date, time, specific location, and 17 immediate facts and circumstances surrounding a crime or 18 incident shall not be confidential under this paragraph 19 except in those unusual circumstances where disclosure would 20 plainly and seriously jeopardize an investigation or pose a 21 clear and present danger to the safety of an individual. Any 22 other records or information compiled for law enforcement 23 purposes shall remain confidential only to the extent that the 24 production of such records or information could reasonably be 25 expected to do any of the following: 26 (1) Interfere with enforcement proceedings. 27 (2) Deprive a person of a right to a fair trial or an 28 impartial adjudication. 29 (3) Constitute an unwarranted invasion of personal privacy. 30 (4) Disclose the identity of a confidential source 31 including a state, local, or foreign agency or authority, 32 a private institution which furnished information on a 33 confidential basis, and, in the case of an investigative 34 report compiled by a law enforcement agency in the course 35 -1- LSB 1071DP (4) 88 as/rh 1/ 3

S.F. _____ H.F. _____ of a criminal investigation or by a law enforcement 1 agency conducting a lawful national security intelligence 2 investigation, information furnished by a confidential source. 3 (5) Disclose techniques, procedures, and guidelines for law 4 enforcement investigations or prosecutions if such disclosure 5 could reasonably be expected to risk circumvention of the law. 6 (6) Endanger the life or physical safety of any individual. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the confidentiality of certain law 11 enforcement reports, records, and information under Iowa’s open 12 records law. 13 Current Code section 22.7(5) provides that peace officers’ 14 investigative reports, certain law enforcement officer 15 privileged records or information, and specific portions 16 of electronic mail and telephone billing records of law 17 enforcement agencies if part of an ongoing investigation are 18 confidential, except where disclosure is authorized elsewhere 19 in the Code. The date, time, specific location, and immediate 20 facts and circumstances surrounding a crime or incident shall 21 not be kept confidential, except in those unusual circumstances 22 where disclosure would plainly and seriously jeopardize an 23 investigation or pose a clear and present danger to the safety 24 of an individual. Specific portions of electronic mail and 25 telephone billing records may only be kept confidential if 26 the length of time prescribed to begin a prosecution or the 27 finding of an indictment or information applicable to the crime 28 investigated has not expired. 29 The bill amends Code section 22.7(5) to provide that peace 30 officers’ investigative reports, law enforcement officer 31 privileged records or information specified in Code section 32 80G.2, and specific portions of electronic mail and telephone 33 billing records of law enforcement agencies if that information 34 is part of an ongoing investigation, shall be confidential. 35 -2- LSB 1071DP (4) 88 as/rh 2/ 3

S.F. _____ H.F. _____ Specific portions of electronic mail and telephone billing 1 records of law enforcement agencies are subject to the same 2 confidentiality restrictions as provided in current law. 3 The bill also amends Code section 22.7(5) to provide that 4 records or information compiled for law enforcement purposes 5 except for the date, time, specific location, and immediate 6 facts and circumstances of a crime or incident, subject to 7 certain unusual circumstances, shall be confidential. Any 8 other records or information compiled for law enforcement 9 purposes shall be confidential, but only to the extent that 10 such records or information could reasonably be expected to (1) 11 interfere with enforcement proceedings; (2) deprive a person 12 of a right to a fair trial; (3) constitute an unwarranted 13 invasion of personal privacy; (4) disclose the identity 14 of a confidential source which furnished information on a 15 confidential basis, and, in the case of an investigative report 16 compiled by a criminal law enforcement agency in the course 17 of a criminal investigation or by a law enforcement agency 18 conducting a national security intelligence investigation, 19 information furnished by a confidential source; (5) disclose 20 techniques, procedures, and guidelines for law enforcement 21 investigations or prosecutions if such disclosure could 22 reasonably be expected to risk circumvention of the law; or (6) 23 endanger the life or physical safety of any individual. 24 -3- LSB 1071DP (4) 88 as/rh 3/ 3