House File 5 - IntroducedA Bill ForAn Act 1relating to the confidentiality of search warrant
2information in a criminal case resulting in an acquittal or
3a dismissal.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 808.13, Code 2019, is amended to read as
2follows:
   3808.13  Confidentiality.
   41.  All Except as otherwise provided in subsection 2, all
5 information filed with the court for the purpose of securing
6a warrant for a search, including but not limited to an
7application and affidavits, shall be a confidential record
8until such time as a peace officer has executed the warrant
9and has made return thereon. During the period of time that
10information is confidential it shall be sealed by the court,
11and the information contained therein shall not be disseminated
12to any person other than a peace officer, magistrate, or
13another court employee, in the course of official duties.
   142.  All information filed with the court for the purpose
15of securing a warrant for a search or seizure of property in
16a criminal case that results in an acquittal or the dismissal
17of all criminal charges, including a dismissal relating to a
18deferred judgment under section 907.9, upon such acquittal or
19dismissal, shall be a confidential record, shall be sealed by
20the court, and shall not be disseminated to any person other
21than a peace officer, county attorney, magistrate, or another
22court employee, in the course of official duties.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill relates to the confidentiality of search warrant
27information in a criminal case resulting in an acquittal or a
28dismissal.
   29Under current law, all information filed with the court for
30the purpose of securing a search warrant is a confidential
31record until a peace officer has executed the warrant and
32has filed a return of service with the court. During the
33confidentiality period, the information shall be sealed by the
34court and the information cannot be disseminated to any person
35other than a peace officer, county attorney, magistrate, or
-1-1another court employee, in the course of official duties.
   2The bill provides that all information filed with the court
3for the purpose of securing a warrant for a search or seizure
4of property in a criminal case that results in an acquittal or
5the dismissal of all criminal charges, including a dismissal
6relating to a deferred judgment under Code section 907.9, upon
7such acquittal or dismissal, shall be a confidential record,
8shall be sealed by the court, and shall not be disseminated to
9any person other than a peace officer, magistrate, or another
10court employee, in the course of official duties.
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