HF 828 (LSB 1749YH (3) 91)

HOUSE FILE 828

BY  R. JOHNSON

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