House File 2238 - Introduced HOUSE FILE 2238 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2058) A BILL FOR An Act relating to a probation officer’s access to confidential 1 information filed with the court for securing an arrest or 2 search warrant. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5520HV (1) 90 as/js

H.F. 2238 Section 1. Section 804.29, subsection 2, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. A probation officer employed by the 3 United States, acting pursuant to 18 U.S.C. §3602. 4 Sec. 2. Section 808.13, Code 2024, is amended to read as 5 follows: 6 808.13 Confidentiality. 7 All information filed with the court for the purpose of 8 securing a warrant for a search, including but not limited to 9 an application and affidavits, shall be a confidential record 10 until such time as a peace officer has executed the warrant 11 and has made return thereon. During the period of time that 12 information is confidential it shall be sealed by the court, 13 and the information contained therein shall not be disseminated 14 to any person other than a peace officer, magistrate, court 15 employee, an employee of the department of corrections, if 16 authorized by the director of the department of corrections, or 17 an employee of a judicial district department of correctional 18 services, if authorized by the director of the judicial 19 district department of correctional services, or a probation 20 officer employed by the United States, acting pursuant to 18 21 U.S.C. §3602, in the course of official duties. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to a probation officer’s access to 26 confidential information filed with the court for securing an 27 arrest or search warrant. 28 Current Code section 804.29 (commencement of actions —— 29 confidentiality) provides that all information filed with the 30 court for the purpose of securing a warrant for an arrest shall 31 be a confidential record until such time as a peace officer 32 has made the arrest and has made the officer’s return on the 33 warrant, or the defendant has made an initial appearance in 34 court. During the period of confidentiality the information in 35 -1- LSB 5520HV (1) 90 as/js 1/ 2

H.F. 2238 the record may be disseminated, without court order, during the 1 course of official duties to certain listed persons. 2 The bill provides that a probation officer employed by the 3 United States, acting pursuant to 18 U.S.C. §3602, may have 4 access to information in the record, without court order, 5 during the course of the probation officer’s official duties 6 unless access to such information is expressly denied by court 7 order. 8 Current Code section 808.13 (search and seizure —— 9 confidentiality) provides that all information filed with 10 the court for the purpose of securing a warrant for a search 11 shall be a confidential record until such time as a peace 12 officer has executed the warrant and has made return thereon. 13 During the period of time that information is confidential it 14 shall be sealed by the court, and the information contained 15 therein shall not be disseminated to any person other than a 16 peace officer, magistrate, court employee, an employee of the 17 department of corrections, if authorized by the director of 18 the department of corrections, or an employee of a judicial 19 district department of correctional services, if authorized 20 by the director of the judicial district department of 21 correctional services, in the course of official duties. 22 The bill adds a probation officer employed by the United 23 States, acting pursuant to 18 U.S.C. §3602, to the list 24 of persons authorized to access otherwise confidential 25 information. 26 -2- LSB 5520HV (1) 90 as/js 2/ 2