HF 2058 (LSB 5520YH (2) 90)

HOUSE FILE 2058

BY  LOHSE

A BILL FOR

An Act relating to a probation officer’s access to confidential information filed with the court for securing an arrest or search warrant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.29, subsection 2, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  A probation officer employed by the United States, acting pursuant to 18 U.S.C. §3602.
    Sec. 2.  Section 808.13, Code 2024, is amended to read as follows:
   808.13  Confidentiality.
   All information filed with the court for the purpose of securing a warrant for a search, including but not limited to an application and affidavits, shall be a confidential record until such time as a peace officer has executed the warrant and has made return thereon. During the period of time that information is confidential it shall be sealed by the court, and the information contained therein shall not be disseminated to any person other than a peace officer, magistrate, court employee, an employee of the department of corrections, if authorized by the director of the department of corrections, or an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services, or a probation officer employed by the United States, acting pursuant to 18 U.S.C. §3602, in the course of official duties.
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 a probation officer’s access to confidential information filed with the court for securing an arrest or search warrant.
   Current Code section 804.29 (commencement of actions —— confidentiality) provides that all information filed with the court for the purpose of securing a warrant for an arrest shall be a confidential record until such time as a peace officer has made the arrest and has made the officer’s return on the warrant, or the defendant has made an initial appearance in court. During the period of confidentiality the information in the record may be disseminated, without court order, during the course of official duties to certain listed persons.
   The bill provides that a probation officer employed by the United States, acting pursuant to 18 U.S.C. §3602, may have access to information in the record, without court order, during the course of the probation officer’s official duties unless access to such information is expressly denied by court order.
   Current Code section 808.13 (search and seizure —— confidentiality) provides that all information filed with the court for the purpose of securing a warrant for a search shall be a confidential record until such time as a peace officer has executed the warrant and has made return thereon. During the period of time that information is confidential it shall be sealed by the court, and the information contained therein shall not be disseminated to any person other than a peace officer, magistrate, court employee, an employee of the department of corrections, if authorized by the director of the department of corrections, or an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services, in the course of official duties.
   The bill adds a probation officer employed by the United States, acting pursuant to 18 U.S.C. §3602, to the list of persons authorized to access otherwise confidential information.