House File 265 - 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. If no criminal charges have
10been filed within six months of the return of the warrant,
11the warrant shall be sealed by the court.
During the period
12of time that information is confidential it shall be sealed
13by the court, and the information contained therein shall not
14be disseminated to any person other than a peace officer,
15magistrate, or another court employee, in the course of
16official duties.
   172.  All information filed with the court for the purpose
18of securing a warrant for a search or seizure of property in
19a criminal case that results in an acquittal or the dismissal
20of all criminal charges, including a dismissal relating to a
21deferred judgment under section 907.9, upon such acquittal or
22dismissal, shall be a confidential record, shall be sealed by
23the court, and shall not be disseminated to any person other
24than a peace officer, county attorney, magistrate, or another
25court employee, in the course of official duties.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29This bill relates to the confidentiality of search warrant
30information in a criminal case resulting in an acquittal or a
31dismissal.
   32Under current law, all information filed with the court for
33the purpose of securing a search warrant is a confidential
34record until a peace officer has executed the warrant and
35has filed a return of service with the court. During the
-1-1confidentiality period, the information shall be sealed by
2the court and the information cannot be disseminated to any
3person other than a peace officer, county attorney, magistrate,
4or another court employee, in the course of official duties.
5The bill provides that if no criminal charges have been filed
6within six months of the return of the warrant, the warrant
7shall be sealed by the court.
   8The bill provides that all information filed with the court
9for the purpose of securing a warrant for a search or seizure
10of property in a criminal case that results in an acquittal or
11the dismissal of all criminal charges, including a dismissal
12relating to a deferred judgment under Code section 907.9, upon
13such acquittal or dismissal, shall be a confidential record,
14shall be sealed by the court, and shall not be disseminated to
15any person other than a peace officer, magistrate, or another
16court employee, in the course of official duties.
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