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 TLSB 6869YC (4) 91 as/js
H.F. _____ 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 35 -1- LSB 6869YC (4) 91 as/js 1/ 6
H.F. _____ 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. 35 -2- LSB 6869YC (4) 91 as/js 2/ 6
H.F. _____ 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 35 -3- LSB 6869YC (4) 91 as/js 3/ 6
H.F. _____ 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. 35 -4- LSB 6869YC (4) 91 as/js 4/ 6
H.F. _____ 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 35 -5- LSB 6869YC (4) 91 as/js 5/ 6
H.F. _____ 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. 16 -6- LSB 6869YC (4) 91 as/js 6/ 6