Senate File 445 - Reprinted SENATE FILE 445 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 241) (As Amended and Passed by the Senate March 15, 2017 ) A BILL FOR An Act relating to law enforcement officers including the 1 establishment of a law enforcement officer privilege and the 2 confidentiality of certain law enforcement officer personnel 3 records. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 445 (4) 87 jm/rh/rj/jh

S.F. 445 Section 1. Section 22.7, subsection 5, Code 2017, is amended 1 to read as follows: 2 5. Peace officers’ investigative reports, privileged 3 records or information specified in section 80G.2 , and specific 4 portions of electronic mail and telephone billing records of 5 law enforcement agencies if that information is part of an 6 ongoing investigation, except where disclosure is authorized 7 elsewhere in this Code. However, the date, time, specific 8 location, and immediate facts and circumstances surrounding a 9 crime or incident shall not be kept confidential under this 10 section , except in those unusual circumstances where disclosure 11 would plainly and seriously jeopardize an investigation or pose 12 a clear and present danger to the safety of an individual. 13 Specific portions of electronic mail and telephone billing 14 records may only be kept confidential under this subsection if 15 the length of time prescribed for commencement of prosecution 16 or the finding of an indictment or information under the 17 statute of limitations applicable to the crime that is under 18 investigation has not expired. 19 Sec. 2. Section 22.7, subsection 11, paragraph a, 20 unnumbered paragraph 1, Code 2017, is amended to read as 21 follows: 22 Personal information in confidential personnel records 23 of government bodies relating to identified or identifiable 24 individuals who are officials, officers, or employees of the 25 government bodies. However, the following information relating 26 to such individuals contained in personnel records shall be 27 public records , except as otherwise provided in section 80G.3 : 28 Sec. 3. NEW SECTION . 80G.1 Definitions. 29 As used in this section except as the context otherwise 30 requires: 31 1. “Compensation” means the same as defined in section 22.7, 32 subsection 11. 33 2. “Law enforcement officer” means the same as “peace 34 officer” as defined in section 801.4. 35 -1- SF 445 (4) 87 jm/rh/rj/jh 1/ 3

S.F. 445 3. “Undercover law enforcement officer” means a law 1 enforcement officer who is actively involved with and assigned 2 to investigate alleged violations of state or federal law 3 and whose identity as a law enforcement officer is concealed 4 while conducting an investigation. “Undercover law enforcement 5 officer” includes a law enforcement officer actively engaged 6 in undercover law enforcement work whose assignment requires 7 the law enforcement officer to work incognito, or in a 8 situation in which the true identity of the law enforcement 9 officer is intentionally hidden from others. “Undercover law 10 enforcement officer” does not include a law enforcement officer 11 participating in undercover law enforcement work that is merely 12 incidental or ancillary to the law enforcement officer’s 13 assigned duties. 14 Sec. 4. NEW SECTION . 80G.2 Law enforcement officer —— 15 privilege —— confidentiality. 16 1. a. A law enforcement officer shall not be examined or 17 be required to give evidence in any criminal proceeding that 18 requires the disclosure of any records or information relating 19 to any of the following: 20 (1) Identification documents or other documents necessary 21 to conduct a lawful undercover criminal investigation. 22 (2) Personal identifying information about the law 23 enforcement officer or immediate family member of the law 24 enforcement officer, or other information unrelated to the law 25 enforcement officer’s professional duties which could be used 26 to threaten, harm, or intimidate the law enforcement officer 27 or immediate family member of the law enforcement officer, 28 or other information that could reasonably be construed to 29 constitute an unwarranted invasion of privacy of the law 30 enforcement officer or immediate family member of the law 31 enforcement officer. Personal information that is knowingly 32 and voluntarily disclosed by the law enforcement officer or 33 immediate family member of the law enforcement officer may be 34 redisseminated. 35 -2- SF 445 (4) 87 jm/rh/rj/jh 2/ 3

S.F. 445 b. A law enforcement officer who is called to testify shall 1 not disclose information that is subject to nondisclosure as a 2 result of a court order, statute, contract, or a condition or 3 requirement of a grant. 4 2. In determining whether nondisclosure of confidential 5 or privileged information about a law enforcement officer 6 may affect a defendant’s right to present a defense, the 7 court shall make findings on the record regarding the impact 8 of disclosure on the personal safety of the law enforcement 9 officer or immediate family member of the law enforcement 10 officer if the evidence is disclosed, the probative value 11 of the confidential or privileged information about the 12 law enforcement officer, the impact of disclosure on public 13 safety, the potential for partial or limited disclosure of the 14 privileged information, and the defendant’s constitutional 15 right to present a defense. Any privileged information that is 16 admitted for purposes of a pretrial hearing or a preliminary 17 admissibility determination shall remain confidential. 18 Sec. 5. NEW SECTION . 80G.3 Personnel information —— 19 undercover law enforcement officer —— confidentiality. 20 The name, photograph, compensation and benefit records, time 21 records, residential address, or any other personal identifying 22 information of an undercover law enforcement officer shall be 23 confidential while the undercover law enforcement officer is 24 actively involved with or assigned to investigate violations 25 of state or federal law. 26 Sec. 6. NEW SECTION . 80G.4 Court determination. 27 Factual disputes relating to who is an undercover law 28 enforcement officer or what work constitutes undercover law 29 enforcement work shall be determined by the district court. 30 -3- SF 445 (4) 87 jm/rh/rj/jh 3/ 3