House
File
828
-
Introduced
HOUSE
FILE
828
BY
R.
JOHNSON
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
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828
Section
1.
Section
235A.15,
subsection
1,
Code
2025,
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
9
shall
maintain
an
internet
site
to
allow
the
public
access
10
to
relevant
information
about
a
person
who
is
the
subject
11
of
a
founded
report
of
child
abuse
involving
an
act
that
12
would
constitute
a
tier
II
or
tier
III
offense
under
section
13
692A.102,
if
the
person
was
convicted.
The
internet
site,
at
a
14
minimum,
shall
be
searchable
by
name,
county,
city,
zip
code,
15
and
geographic
radius.
16
2.
Information
received
by
the
department
that
is
required
17
to
be
displayed
on
the
internet
site
under
subsection
1
shall
18
be
made
available
on
the
internet
site
within
five
business
19
days
of
the
later
of
the
following
to
occur:
20
a.
The
date
the
department
determines
the
allegation
of
21
child
abuse
relating
to
the
information
is
founded
and
that
22
the
act
that
constitutes
child
abuse
would
constitute
a
tier
23
II
or
tier
III
offense
under
section
692A.102,
if
the
alleged
24
perpetrator
was
convicted.
25
b.
The
date
the
department
received
the
information.
26
3.
The
following
information
shall
be
disclosed
on
the
27
internet
site
pursuant
to
subsection
1:
28
a.
The
alleged
perpetrator’s
date
of
birth.
29
b.
The
alleged
perpetrator’s
name,
nickname,
or
aliases,
30
including
ethnic
or
tribal
names.
31
c.
The
alleged
perpetrator’s
photographs.
32
d.
A
physical
description
of
the
alleged
perpetrator,
33
including
scars,
marks,
or
tattoos.
34
e.
The
alleged
perpetrator’s
residence.
35
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f.
The
statutory
citation
and
text
of
the
offense
the
1
alleged
act
of
child
abuse
would
constitute
if
the
alleged
2
perpetrator
was
convicted.
3
g.
Whether
the
alleged
perpetrator
is
subject
to
residency
4
restrictions
pursuant
to
section
692A.114.
5
h.
Whether
the
alleged
perpetrator
is
subject
to
exclusion
6
zone
restrictions
pursuant
to
section
692A.113.
7
4.
The
following
information
shall
not
be
disclosed
on
the
8
department’s
internet
site:
9
a.
Information
about
an
alleged
perpetrator
who
is
the
10
subject
of
a
founded
report
of
child
abuse
and
who
was
under
11
twenty
years
of
age
at
the
time
the
act
of
alleged
child
12
abuse
was
committed,
if
the
alleged
act
of
child
abuse
would
13
constitute
a
violation
of
section
709.4,
subsection
1,
14
paragraph
“b”
,
subparagraph
(2),
subparagraph
division
(d),
if
15
the
alleged
perpetrator
was
convicted.
16
b.
The
employer
name,
address,
or
location
where
the
alleged
17
perpetrator
is
employed.
18
c.
The
address
and
name
of
any
school
the
alleged
19
perpetrator
attends.
20
d.
A
real
name
if
protected
under
18
U.S.C.
§3521.
21
e.
Information
relating
to
an
alleged
perpetrator
who
was
22
under
eighteen
years
of
age
when
the
alleged
act
of
child
abuse
23
was
committed.
24
f.
The
identity
of
the
victim.
25
g.
Information
pertaining
to
unfounded
or
undetermined
26
allegations
of
child
abuse.
27
h.
Passport
and
immigration
documents.
28
i.
Government-issued
driver’s
licenses
or
nondriver
29
identification
cards.
30
j.
DNA
information.
31
k.
Fingerprints.
32
l.
Palm
prints.
33
m.
Professional
licensing
information.
34
n.
Social
security
numbers.
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o.
Records
that
have
been
sealed
or
expunged
pursuant
to
1
section
235A.18.
2
p.
Information
not
described
in
subsection
3.
3
5.
This
section
shall
not
be
construed
to
prohibit
the
4
dissemination
of
information
available
on
the
internet
site
5
established
in
subsection
1
to
the
general
public
by
the
6
department
through
any
other
means.
7
6.
The
department
shall
include
on
the
internet
site
8
established
in
subsection
1
instructions
and
forms
necessary
9
for
a
person
seeking
to
apply
for
a
correction
of
information
10
on
the
internet
site.
11
7.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
12
to
implement
this
section.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
public
disclosures
of
certain
17
information
in
the
child
abuse
registry.
18
The
bill
requires
the
department
of
health
and
human
19
services
(HHS)
to
maintain
an
internet
site
to
allow
the
public
20
access
to
information
about
who
is
the
subject
of
a
founded
21
report
of
child
abuse
involving
an
act
that
would
constitute
22
a
tier
II
or
tier
III
offense
under
Code
section
692A.102
23
(sex
offense
classifications),
if
the
person
was
convicted.
24
The
internet
site,
at
a
minimum,
must
be
searchable
by
name,
25
county,
city,
zip
code,
and
geographic
radius.
26
The
bill
requires
HHS
to
make
information
received
by
HHS
27
that
is
required
to
be
displayed
on
the
internet
site
either
28
available
on
the
internet
site
within
five
business
days
of
the
29
date
HHS
determines
the
allegation
of
child
abuse
relating
to
30
the
information
is
founded
and
that
the
act
would
constitute
31
a
tier
II
or
tier
III
offense
if
the
alleged
perpetrator
was
32
convicted,
or
the
date
HHS
received
the
information,
whichever
33
is
later.
34
The
bill
details
the
type
of
information
that
shall
be
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included
on
the
internet
site
and
what
type
of
information
1
shall
not
be
included
on
the
internet
site.
2
The
bill
is
not
to
be
construed
to
prohibit
HHS
from
3
disseminating
information
available
on
the
internet
site
4
through
other
means
to
the
general
public.
5
The
bill
requires
HHS
to
include
instructions
and
forms
6
necessary
for
a
person
seeking
to
apply
for
a
correction
of
7
information
on
the
internet
site.
8
The
bill
directs
HHS
to
adopt
rules
to
implement
the
bill.
9
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