House
Study
Bill
723
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
intelligence
data,
including
the
use
of
1
historical
location
information.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321P.4,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
The
operator
of
an
automatic
registration
plate
reader
3
or
any
associated
data
storage
device
shall
permanently
delete
4
from
the
plate
reader
and
storage
device,
as
applicable,
every
5
image
of
a
vehicle
registration
plate
captured
by
the
plate
6
reader,
and
any
other
accompanying
data,
no
later
than
thirty
7
days
seventy-two
hours
after
the
image
was
captured.
8
Sec.
2.
Section
692.1,
Code
2026,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
11A.
“Historical
location
information”
11
means
information
that,
when
accessed,
reveals
the
locations
of
12
persons
or
vehicles
more
than
twenty-four
hours
prior
to
the
13
time
of
access.
14
NEW
SUBSECTION
.
14A.
“Metropolitan
area”
means
two
or
15
more
separate
and
distinct
subdivisions
in
Iowa,
Nebraska,
and
16
Illinois,
directly
neighboring
each
other.
17
Sec.
3.
Section
692.1,
subsection
14,
Code
2026,
is
amended
18
to
read
as
follows:
19
14.
“Intelligence
data”
means
information
,
including
20
historical
location
information,
on
identifiable
individuals
,
21
or
property,
compiled
in
an
effort
to
anticipate,
prevent,
or
22
monitor
possible
criminal
activity.
23
Sec.
4.
Section
692.8,
subsection
2,
Code
2026,
is
amended
24
to
read
as
follows:
25
2.
a.
Intelligence
data
in
the
files
of
the
department
,
or
26
of
a
criminal
or
juvenile
justice
agency,
may
be
disseminated
27
only
to
a
peace
officer,
criminal
or
juvenile
justice
28
agency,
or
state
or
federal
regulatory
agency,
and
only
if
29
the
department
or
agency
is
satisfied
that
the
need
to
know
30
and
the
intended
use
are
reasonable.
However,
intelligence
31
Intelligence
data
may
also
be
disseminated
to
an
agency,
32
organization,
or
person
when
disseminated
for
an
official
33
purpose,
and
in
order
to
protect
a
person
or
property
from
34
a
threat
of
imminent
serious
harm.
Intelligence
data
that
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includes
historical
location
information
collected
by
automated
1
registration
plate
readers
shall
not
be
conveyed,
shared,
or
2
licensed
to
a
private
nongovernmental
third
party
for
any
3
reason
other
than
what
is
permitted
by
this
chapter.
Whenever
4
intelligence
data
relating
to
a
defendant
or
juvenile
who
is
5
the
subject
of
a
petition
under
section
232.35
for
the
purpose
6
of
sentencing
or
adjudication
has
been
provided
to
a
court,
the
7
court
shall
inform
the
defendant
or
juvenile
or
the
defendant’s
8
or
juvenile’s
attorney
that
the
court
is
in
possession
of
such
9
data
and
shall,
upon
request
of
the
defendant
or
juvenile
or
10
the
defendant’s
or
juvenile’s
attorney,
permit
examination
of
11
such
data.
12
b.
A
government
agency
or
official
shall
not
access
a
13
database
that
reveals
historical
location
information
except
14
under
any
of
the
following
circumstances:
15
(1)
When
the
government
official
has
obtained
a
judicial
16
warrant
to
access
the
database.
17
(2)
When
an
individual
whose
historical
location
18
information
would
be
revealed
freely
and
voluntarily
consents.
19
Such
consent
shall
not
be
construed
to
apply
to
other
20
individuals
who
have
not
consented.
21
(3)
When
the
registered
owner
of
a
vehicle
reports
it
lost
22
or
stolen.
23
(4)
When
exigent
circumstances
make
it
impractical
24
to
obtain
a
warrant
including
but
not
limited
to
when
law
25
enforcement
is
in
hot
pursuit
of
an
identifiable
person
or
26
property.
27
(5)
In
response
to
an
emergency
alert
to
the
public
that
28
a
child
has
been
abducted
and
is
believed
to
be
in
danger
of
29
serious
bodily
harm
or
death,
commonly
referred
to
as
an
amber
30
alert,
as
authorized
by
law
or
rule.
31
(6)
When
the
government
official
uses
the
historical
32
location
information
for
traffic
enforcement,
parking
33
enforcement,
or
information
security
purposes
necessary
to
34
effectuate
the
provisions
of
this
chapter.
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c.
The
department,
a
criminal
or
juvenile
justice
agency,
1
or
a
private,
nongovernmental
third-party
entity
shall
not
2
share
or
convey
historical
location
information
collected
by
3
automated
registration
plate
readers
outside
the
state
of
4
Iowa.
However,
agencies
within
a
metropolitan
area
may
share
5
historical
location
information
with
other
agencies
in
the
same
6
metropolitan
area
by
agreement.
7
d.
Any
agreement
under
this
subsection
shall
require
the
8
out-of-state
recipient
agency
to
maintain
historical
location
9
information
under
the
provisions
and
restrictions
of
this
10
chapter
and
section
321P.4,
shall
require
the
out-of-state
11
recipient
agency
to
consent
to
all
provisions
of
section
692.6,
12
and
shall
prohibit
the
out-of-state
recipient
agency
from
13
sharing
any
historical
location
information.
14
e.
All
parties
to
any
such
agreement
permitted
under
this
15
subsection
shall
preserve
such
agreements
as
a
public
record
16
under
chapter
22.
17
f.
A
receiving
entity
shall
be
presumed
to
have
consented
to
18
the
above
provisions
whether
or
not
such
provisions
are
in
fact
19
included
in
any
such
agreement.
20
Sec.
5.
Section
692.8A,
subsection
4,
Code
2026,
is
amended
21
to
read
as
follows:
22
4.
An
intelligence
assessment
and
intelligence
data
23
shall
be
deemed
a
confidential
record
of
the
department
under
24
section
22.7,
subsection
55
,
except
as
otherwise
provided
25
in
this
subsection
.
This
section
shall
not
be
construed
to
26
prohibit
the
dissemination
of
an
intelligence
assessment
to
27
any
agency
or
organization
if
necessary
for
carrying
out
28
the
official
duties
of
the
agency
or
organization,
or
to
a
29
person
if
disseminated
for
an
official
purpose,
and
to
a
30
person
if
necessary
to
protect
a
person
or
property
from
a
31
threat
of
imminent
serious
harm.
This
section
shall
also
not
32
be
construed
to
prohibit
the
department
from
disseminating
33
a
public
health
and
safety
threat
advisory
or
alert
by
34
press
release
or
other
method
of
public
communication.
For
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_____
purposes
of
this
subsection,
a
state,
county,
or
municipal
1
law
enforcement
agency
of
this
state
may
publicly
share
2
intelligence
data
collected
by
automatic
registration
plate
3
readers,
as
defined
by
section
321P.4,
when
in
fresh
pursuit
4
of
a
person
reasonably
suspected
of
committing
a
felony,
or
5
when
there
are
reasonable
grounds
to
believe
that
a
felony
6
has
occurred,
if
done
for
the
purpose
of
apprehending
or
7
identifying
a
suspect.
8
Sec.
6.
Section
692.8A,
Code
2026,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
5.
Notwithstanding
any
other
provision
of
11
this
section,
records
of
any
public
body
regarding
vendors
of
12
automatic
registration
plate
readers,
as
defined
by
section
13
321P.4,
of
search
terms
used
by
agency
personnel,
contracts
14
with
private
entities,
memoranda
with
public
entities,
15
placement
of
automatic
registration
plate
readers,
procurement
16
records,
or
other
similar
records
of
agency
activity
shall
not
17
be
deemed
confidential
records
under
section
22.7,
subsection
18
55,
or
any
other
provision
of
law.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
intelligence
data,
including
the
use
of
23
historical
location
information.
24
The
bill
defines
“historical
location
information”
as
25
information
that,
when
accessed,
reveals
the
locations
of
26
persons
or
vehicles
more
than
24
hours
prior
to
the
time
of
27
access.
The
bill
also
provides
a
definition
for
“metropolitan
28
area”,
and
amends
the
definition
of
“intelligence
data”
to
29
include
historical
location
information.
30
The
bill
requires
the
operator
of
an
automatic
registration
31
plate
reader
or
any
associated
data
storage
device
to
32
permanently
delete
every
image
of
a
vehicle
registration
plate
33
captured
by
the
plate
reader,
and
any
other
accompanying
data,
34
no
later
than
72
hours
after
the
image
was
captured.
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_____
The
bill
provides
that
intelligence
data
that
includes
1
historical
location
information
collected
by
automated
2
registration
plate
readers
shall
not
be
conveyed,
shared,
or
3
licensed
to
a
private
nongovernmental
third
party
for
any
4
reason
other
than
what
is
permitted
by
the
bill.
5
The
bill
provides
that
no
government
agency
or
official
6
shall
access
a
database
that
reveals
historical
location
7
information
except:
when
the
government
official
has
obtained
8
a
judicial
warrant
to
access
the
database;
when
an
individual
9
whose
historical
location
information
would
be
revealed
freely
10
and
voluntarily
consents;
when
the
registered
owner
of
a
11
vehicle
reports
it
lost
or
stolen;
when
exigent
circumstances
12
make
it
impractical
to
obtain
a
warrant
including
but
not
13
limited
to
when
law
enforcement
is
in
hot
pursuit
of
an
14
identifiable
person
or
property;
in
response
to
an
amber
15
alert
as
authorized
by
law
or
rule;
and
when
the
government
16
official
uses
the
historical
location
information
for
traffic
17
enforcement,
parking
enforcement,
or
information
security
18
purposes.
19
The
bill
provides
that
the
department,
a
criminal
or
20
juvenile
justice
agency,
or
a
private,
nongovernmental
21
third-party
entity
shall
not
share
or
convey
historical
22
location
information
collected
by
automated
registration
23
plate
readers
outside
the
state
of
Iowa.
However,
agencies
24
within
a
metropolitan
area
may
share
historical
location
25
information
with
other
agencies
in
the
same
metropolitan
area
26
by
agreement.
Any
agreement
shall
require
the
out-of-state
27
recipient
agency
to
maintain
historical
location
information
28
under
the
provisions
and
restrictions
of
the
bill
and
Code
29
section
321P.4,
shall
require
the
out-of-state
recipient
agency
30
to
consent
to
all
provisions
of
Code
section
692.6,
and
shall
31
prohibit
the
out-of-state
recipient
agency
from
sharing
any
32
historical
location
information.
The
parties
to
any
such
33
agreement
shall
preserve
such
agreements
as
a
public
record
34
under
Code
chapter
22.
A
receiving
entity
shall
be
presumed
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to
have
consented
to
the
above
provisions
whether
or
not
such
1
provisions
are
in
fact
included
in
any
such
agreement.
2
The
bill
provides
that
a
state,
county,
or
municipal
law
3
enforcement
agency
may
publicly
share
intelligence
data
4
collected
by
automatic
registration
plate
readers
when
in
5
fresh
pursuit
of
a
person
reasonably
suspected
of
committing
a
6
felony,
or
when
there
are
reasonable
grounds
to
believe
that
a
7
felony
has
occurred,
if
done
for
the
purpose
of
apprehending
or
8
identifying
a
suspect.
9
The
bill
provides
that
records
of
any
public
body
regarding
10
vendors
of
automatic
registration
plate
readers,
search
terms
11
used
by
agency
personnel,
contracts
with
private
entities,
12
memoranda
with
public
entities,
placement
of
automatic
13
registration
plate
readers,
procurement
records,
or
other
14
similar
records
of
agency
activity
shall
not
be
deemed
15
confidential
records.
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