House File 686 - Introduced HOUSE FILE 686 BY ABDUL-SAMAD A BILL FOR An Act relating to public disclosures of certain information 1 in the child abuse registry relating to founded reports of 2 child abuse involving sexual abuse. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2256YH (4) 90 dg/rh
H.F. 686 Section 1. Section 235A.15, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. Notwithstanding chapter 22 , the confidentiality of 3 all child abuse information shall be maintained, except as 4 specifically provided by this section and section 235A.15A . 5 Sec. 2. NEW SECTION . 235A.15A Public dissemination of 6 information contained in central registry —— founded cases of 7 child abuse involving sexual abuse. 8 1. Notwithstanding section 235A.15, the department shall 9 maintain an internet site for the public and others to access 10 relevant information about a person who is the subject of a 11 founded report of child abuse involving sexual abuse that would 12 constitute a tier II or tier III offense, as those terms are 13 defined in section 692A.102, against a minor if the person 14 was convicted. The internet site, at a minimum, shall be 15 searchable by name, county, city, zip code, and geographic 16 radius. 17 2. Relevant information received by the department and 18 required to be displayed on the internet site pursuant to 19 this subsection shall be made available on the internet site 20 within five business days of the department determining an 21 allegation of child abuse involving sexual abuse to be founded 22 or determining that information maintained on the internet site 23 requires an update or correction. 24 a. The following relevant information about a person who 25 is the subject of a founded report of child abuse involving 26 sexual abuse pursuant to subsection 1 shall be disclosed on the 27 internet site: 28 (1) The person’s date of birth. 29 (2) The person’s name, nickname, or aliases, including 30 ethnic or tribal names. 31 (3) The person’s photographs. 32 (4) A physical description of the person, including scars, 33 marks, or tattoos. 34 (5) The person’s residence. 35 -1- LSB 2256YH (4) 90 dg/rh 1/ 4
H.F. 686 (6) The statutory citation and text of the offense committed 1 that requires registration under this chapter. 2 (7) A specific reference indicating whether the person is 3 subject to residency restrictions pursuant to section 692A.114. 4 (8) A specific reference indicating whether the person is 5 subject to exclusion zone restrictions pursuant to section 6 692A.113. 7 b. The following relevant information shall not be disclosed 8 on the department’ s internet site: 9 (1) Any relevant information about a person who is the 10 subject of a founded report of child abuse involving sexual 11 abuse pursuant to subsection 1 who was under twenty years of 12 age at the time the abuse was committed that would constitute 13 a violation of section 709.4, subsection 1, paragraph “b” , 14 subparagraph (2), subparagraph division (d), if convicted. 15 (2) The employer name, address, or location where the person 16 is employed, if applicable. 17 (3) The address and name of any school where the person 18 required to be on the registry attends, if applicable. 19 (4) A real name protected under 18 U.S.C. §3521. 20 (5) Any relevant information relating to the person who was 21 under eighteen years of age when the abuse was committed. 22 (6) The identity of the victim. 23 (7) Information pertaining to unfounded or undetermined 24 allegations of child abuse. 25 (8) Passport and immigration documents. 26 (9) A government-issued driver’s license or nondriver 27 identification card. 28 (10) DNA information. 29 (11) Fingerprints. 30 (12) Palm prints. 31 (13) Professional licensing information. 32 (14) A social security number. 33 (15) Records that have been sealed or expunged pursuant to 34 section 235A.18. 35 -2- LSB 2256YH (4) 90 dg/rh 2/ 4
H.F. 686 (16) Any other relevant information not described in 1 paragraph “a” . 2 c. The department, at the department’s discretion, may 3 disseminate any relevant information available on the internet 4 site established in subsection 1 through any other means to the 5 general public. 6 3. The department shall include on the internet site 7 established in subsection 1 instructions and any applicable 8 forms necessary for a person seeking correction of information 9 that the person contends is erroneous. 10 4. Records and information not available pursuant to this 11 section or other provisions of this chapter are confidential 12 and not subject to examination and copying by a member of the 13 public. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to public disclosures of certain 18 information in the child abuse registry. 19 The bill requires the department of health and human 20 services (HHS) to maintain an internet site for the public and 21 others to access relevant information about a person who is the 22 subject of a founded report of child abuse involving sexual 23 abuse that would constitute a tier II or tier III offense, as 24 those terms are defined in Code section 692A.102 (sex offense 25 classifications), against a minor if the person was convicted. 26 The internet site, at a minimum, must be searchable by name, 27 county, city, zip code, and geographic radius. 28 The bill requires HHS to make relevant information received 29 by HHS and required to be displayed on the internet site 30 available on the internet site within five business days of HHS 31 determining an allegation of child abuse involving sexual abuse 32 is founded or determining that information maintained on the 33 internet site requires an update or correction. 34 The bill details the type of information that is relevant 35 -3- LSB 2256YH (4) 90 dg/rh 3/ 4
H.F. 686 information about a person who is the subject of a founded 1 report of child abuse involving sexual abuse that shall 2 be disclosed on the HHS internet site and what types of 3 information shall not be included on the internet site. 4 The bill allows HHS, at HHS’s discretion, to disseminate any 5 relevant information available on the internet site through any 6 other means to the general public. 7 The bill requires HHS to include instructions and any 8 applicable forms necessary for a person seeking correction 9 of information that the person contends is erroneous on the 10 internet site. 11 The bill establishes that records and information not 12 available on the internet site or Code chapter 235A (child 13 abuse) are confidential and not subject to examination and 14 copying by a member of the public. 15 -4- LSB 2256YH (4) 90 dg/rh 4/ 4