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Senate Study Bill 1137 - IntroducedA Bill ForAn Act 1relating to the confidentiality of information filed
2with the court used to secure an arrest warrant.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 804.29, subsection 2, Code 2019, is
2amended to read as follows:
32. However, during the period of confidentiality
4in subsection 1, the information in the record may be
5disseminated, without court order, during the course of
6official duties to the following persons unless dissemination
7is expressly restricted by court order:
8a. A peace officer, or any other employee of a law
9enforcement agency if allowed access pursuant to section 692.14
10and if authorized in writing by the head of the agency.
11b. An employee of the county attorney’s office.
12c. A judicial officer or other court employees.
13d. An employee of the department of corrections or judicial
14district department of correctional services, if authorized by
15the director of the department of corrections.
16e. A private attorney appearing on behalf of the defendant
17or an attorney appointed by the court to represent the
18defendant.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the confidentiality of information
23filed with the court used to secure an arrest warrant.
24Current law specifies that information filed with the court
25used to secure an arrest warrant shall be confidential until a
26peace officer has made the arrest and has made the officer’s
27return on the warrant, or the defendant has made an initial
28appearance in court, unless otherwise ordered by the court.
29During the period of confidentiality, the information in the
30record can be disseminated, without court order, to certain
31listed individuals during the course of their official duties.
32The bill provides that access to the confidential records
33can be expressly restricted by court order.
34The bill adds a private attorney appearing on behalf
35of the defendant or an attorney appointed by the court to
-1-1represent the defendant to the list of individuals to whom
2information filed with the court for the purpose of securing
3a warrant for an arrest may be disseminated during the period
4of confidentiality, without court order, during the course of
5their official duties.
-2-as/rh
2with the court used to secure an arrest warrant.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 804.29, subsection 2, Code 2019, is
2amended to read as follows:
32. However, during the period of confidentiality
4in subsection 1, the information in the record may be
5disseminated, without court order, during the course of
6official duties to the following persons unless dissemination
7is expressly restricted by court order:
8a. A peace officer, or any other employee of a law
9enforcement agency if allowed access pursuant to section 692.14
10and if authorized in writing by the head of the agency.
11b. An employee of the county attorney’s office.
12c. A judicial officer or other court employees.
13d. An employee of the department of corrections or judicial
14district department of correctional services, if authorized by
15the director of the department of corrections.
16e. A private attorney appearing on behalf of the defendant
17or an attorney appointed by the court to represent the
18defendant.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the confidentiality of information
23filed with the court used to secure an arrest warrant.
24Current law specifies that information filed with the court
25used to secure an arrest warrant shall be confidential until a
26peace officer has made the arrest and has made the officer’s
27return on the warrant, or the defendant has made an initial
28appearance in court, unless otherwise ordered by the court.
29During the period of confidentiality, the information in the
30record can be disseminated, without court order, to certain
31listed individuals during the course of their official duties.
32The bill provides that access to the confidential records
33can be expressly restricted by court order.
34The bill adds a private attorney appearing on behalf
35of the defendant or an attorney appointed by the court to
-1-1represent the defendant to the list of individuals to whom
2information filed with the court for the purpose of securing
3a warrant for an arrest may be disseminated during the period
4of confidentiality, without court order, during the course of
5their official duties.
-2-as/rh