Senate
File
2092
-
Introduced
SENATE
FILE
2092
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2005)
A
BILL
FOR
An
Act
relating
to
the
privacy
of
a
victim
of
a
sex
offense
in
a
1
criminal
or
civil
proceeding.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
915.36,
subsections
1
and
2,
Code
2020,
1
are
amended
to
read
as
follows:
2
1.
Prior
to
an
arrest
or
the
filing
of
an
information
or
3
indictment,
whichever
occurs
first,
against
a
person
charged
4
with
a
violation
of
chapter
709
,
section
726.2
,
or
section
5
728.12
,
committed
with
or
on
a
child,
as
defined
in
section
6
702.5
232.2
,
the
identity
of
the
child
or
any
information
7
reasonably
likely
to
disclose
the
identity
of
the
child
shall
8
not
be
released
to
the
public
by
any
public
employee
except
as
9
authorized
by
the
court
of
jurisdiction.
10
2.
In
order
to
protect
the
welfare
of
the
child,
the
name
of
11
the
child
and
identifying
biographical
information
shall
not
12
appear
on
the
information
or
indictment
or
any
other
public
13
record
including
any
civil
filings
arising
from
the
criminal
14
violation
.
Instead,
a
nondescriptive
designation
shall
appear
15
on
all
public
records.
The
nonpublic
records
containing
the
16
child’s
name
and
identifying
biographical
information
shall
17
be
kept
by
the
court.
This
subsection
does
not
apply
to
the
18
release
of
information
to
an
accused
a
defendant
or
accused’s
19
defendant’s
counsel;
however,
the
use
or
release
of
this
20
information
by
the
accused
defendant
or
accused’s
defendant’s
21
counsel
for
purposes
other
than
the
preparation
of
defense
22
constitutes
contempt.
23
Sec.
2.
Section
915.36,
Code
2020,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
5.
This
section
also
applies
to
a
child
26
victim
of
a
violation
of
chapter
709,
section
726.2,
or
section
27
728.12,
after
attaining
the
age
of
eighteen.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
privacy
of
a
victim
of
a
sex
offense
32
in
a
criminal
or
civil
proceeding.
33
The
bill
changes
the
definition
of
“child”
from
a
child
under
34
14
years
of
age
to
a
child
under
18
years
of
age.
35
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2092
The
bill
specifies
that
the
identity
of
any
child
victim
of
1
a
criminal
offense
committed
under
Code
chapter
709
(sexual
2
abuse
and
related
sexual
offenses),
or
Code
sections
726.2
3
(incest)
and
728.12
(sexual
exploitation)
shall
not
be
released
4
to
the
public
by
any
public
employee
except
as
authorized
by
5
the
court
prior
to
the
arrest
or
the
filing
of
an
information
6
or
indictment,
whichever
occurs
first,
despite
the
child
victim
7
attaining
the
age
of
18.
8
The
bill
also
provides
that
in
order
to
protect
the
welfare
9
of
the
child
victim,
the
name
of
the
child
and
identifying
10
biographical
information
shall
not
appear
on
any
other
public
11
record
including
any
civil
filings
arising
from
the
criminal
12
violation,
despite
the
child
victim
attaining
the
age
of
18.
13
The
bill
does
not
apply
to
the
release
of
information
to
14
a
defendant
or
a
defendant’s
attorney;
however,
the
use
or
15
release
of
this
information
by
the
defendant
or
defendant’s
16
counsel
for
purposes
other
than
the
preparation
of
defense
17
constitutes
contempt.
18
A
person
who
willfully
violates
the
bill
or
who
willfully
19
neglects
or
refuses
to
obey
a
court
order
made
pursuant
to
this
20
bill
commits
contempt.
21
A
release
of
information
in
violation
of
the
bill
does
22
not
bar
prosecution
or
provide
grounds
for
dismissal
of
the
23
criminal
charges.
24
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