Senate File 395 - Introduced SENATE FILE 395 BY DAWSON A BILL FOR An Act relating to the confidentiality of certain law 1 enforcement information involving a person experiencing a 2 mental health crisis, substance-related disorder crisis, or 3 housing crisis. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2558XS (1) 89 dg/rh
S.F. 395 Section 1. Section 22.7, Code 2021, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5A. a. Any reports generated by a law 3 enforcement agency regarding a person experiencing a mental 4 health crisis, substance-related disorder crisis, or housing 5 crisis, when the report is generated for the specific purpose 6 of providing crisis intervention information to assist peace 7 officers under any of the following circumstances: 8 (1) De-escalating conflicts. 9 (2) Referring a person experiencing a mental health crisis, 10 substance-related disorder crisis, or housing crisis to a 11 mental health treatment provider, substance-related disorder 12 treatment provider, homeless service provider, or any other 13 appropriate service provider. 14 b. A report generated for the purposes of this subsection 15 shall be made available to the person who is the subject of the 16 report upon the request of the person who is the subject of 17 the report, and may be provided to a mental health treatment 18 provider, substance-related disorder treatment provider, 19 homeless service provider, or any other appropriate service 20 provider in connection with a referral for services. 21 c. Reports generated for the purposes of this subsection are 22 not peace officers’ investigative reports under subsection 5. 23 d. For the purposes of this subsection, “housing crisis” 24 means a situation where a person is experiencing homelessness, 25 a lack of adequate or safe housing, or is in imminent danger of 26 homelessness or lack of adequate or safe housing. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the confidentiality of certain law 31 enforcement information involving a person experiencing a 32 mental health crisis, substance-related disorder crisis, or 33 housing crisis. 34 The bill provides that any report generated by a law 35 -1- LSB 2558XS (1) 89 dg/rh 1/ 2
S.F. 395 enforcement agency regarding a person experiencing a mental 1 health crisis, substance-related disorder crisis, or housing 2 crisis shall be kept confidential pursuant to Code section 3 22.7 when the report is generated for the specific purpose 4 of providing crisis intervention information to assist peace 5 officers in de-escalating conflicts or referring a person 6 experiencing a mental health crisis, substance-related 7 disorder crisis, or housing crisis to a mental health treatment 8 provider, substance-related disorder treatment provider, 9 homeless service provider, or any other appropriate service 10 provider. 11 The bill requires a report generated pursuant to the bill 12 to be made available to the person who is the subject of the 13 report upon the request of the person who is the subject of 14 the report, and may be provided to a mental health treatment 15 provider, substance-related disorder treatment provider, 16 homeless service provider, or any other appropriate service 17 provider in connection with a referral for services. 18 The bill provides that reports generated for the 19 above-stated purposes are not peace officers’ investigative 20 reports under Code section 22.7(5). 21 -2- LSB 2558XS (1) 89 dg/rh 2/ 2