House
Study
Bill
143
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
STATE
PUBLIC
DEFENDER
BILL)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
information
filed
1
with
the
court
used
to
secure
an
arrest
warrant.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
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Section
1.
Section
804.29,
subsection
2,
Code
2019,
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
dissemination
6
is
expressly
restricted
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
private
attorney
appearing
on
behalf
of
the
defendant
16
or
an
attorney
appointed
by
the
court
to
represent
the
17
defendant.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
confidentiality
of
information
22
filed
with
the
court
used
to
secure
an
arrest
warrant.
23
Current
law
specifies
that
information
filed
with
the
court
24
used
to
secure
an
arrest
warrant
shall
be
confidential
until
a
25
peace
officer
has
made
the
arrest
and
has
made
the
officer’s
26
return
on
the
warrant,
or
the
defendant
has
made
an
initial
27
appearance
in
court,
unless
otherwise
ordered
by
the
court.
28
During
the
period
of
confidentiality,
the
information
in
the
29
record
can
be
disseminated,
without
court
order,
to
certain
30
listed
individuals
during
the
course
of
their
official
duties.
31
The
bill
provides
that
access
to
the
confidential
records
32
can
be
expressly
restricted
by
court
order.
33
The
bill
adds
a
private
attorney
appearing
on
behalf
34
of
the
defendant
or
an
attorney
appointed
by
the
court
to
35
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represent
the
defendant
to
the
list
of
individuals
to
whom
1
information
filed
with
the
court
for
the
purpose
of
securing
2
a
warrant
for
an
arrest
may
be
disseminated
during
the
period
3
of
confidentiality,
without
court
order,
during
the
course
of
4
their
official
duties.
5
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