SF 124 (LSB 1189XS (4) 91)

SENATE FILE 124

BY  PETERSEN, STAED, CELSI, DONAHUE, DOTZLER, TOWNSEND, WAHLS, BENNETT, and WEINER

A BILL FOR

An Act relating to the issuance of a subpoena or search warrant for menstrual health data.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.63, Code 2025, is amended to read as follows:
   622.63  Subpoenas.
   1.  The clerks of the several courts shall, on application of any person having a cause or matter pending in court, issue a subpoena for witnesses under the seal of the court, inserting all the names required by the applicant in one subpoena, if practicable, which may be served by the sheriff of the county, or by the party or any other person.
   2.  No subpoena shall be issued or served for the purpose of seeking menstrual health data as defined in section 808.2, subsection 2.
    Sec. 2.  Section 808.2, Code 2025, is amended to read as follows:
   808.2  Authorization.
   1.  A search warrant may be issued:
   1.  a.  For property which has been obtained in violation of law.
   2.  b.  For property, the possession of which is unlawful.
   3.  c.  For property used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered.
   4.  d.  For any other property relevant and material as evidence in a criminal prosecution.
   2.  No search warrant shall be issued for the search and seizure of menstrual health data stored on a computer, computer network, or other device containing electronic or digital information. For purposes of this subsection, “menstrual health data” means any information, recorded in any form or medium, that is created or received by an entity that relates to or is used to determine, predict, or estimate the past, present, or future menstrual health or menstrual status of an individual.
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 the issuance of a subpoena or search warrant for menstrual health data.
   The bill provides that no subpoena shall be issued or served for the purpose of seeking menstrual health data as defined in Code section 808.2(2).
   Code section 808.2 currently provides that a search warrant may be issued for property which has been obtained in violation of law; for the unlawful possession of property; for property used or possessed to commit a public offense or to conceal an offense from being discovered; or for any other property relevant and material as evidence in a criminal prosecution.
   The bill provides that no search warrant shall be issued for the search and seizure of menstrual health data stored on a computer, computer network, or other device containing electronic or digital information. The bill defines “menstrual health data” as any information, recorded in any form or medium, that is created or received by an entity that relates to or is used to determine, predict, or estimate the past, present, or future menstrual health or menstrual status of an individual.