HF 686 (LSB 2256YH (4) 90)

HOUSE FILE 686

BY  ABDUL-SAMAD

A BILL FOR

An Act relating to public disclosures of certain information in the child abuse registry relating to founded reports of child abuse involving sexual abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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