HSB 723 (LSB 6869YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to intelligence data, including the use of historical location information.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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