House Study Bill 138 - IntroducedA Bill ForAn Act 1relating to the confidentiality of certain law
2enforcement reports, records, and information under Iowa’s
3open records law.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 22.7, subsection 5, Code 2019, is amended
2by striking the subsection and inserting in lieu thereof the
3following:
   45.  a.  Peace officers’ investigative reports, privileged
5records or information specified in section 80G.2, and
6specific portions of electronic mail and telephone billing
7records of law enforcement agencies if that information is
8part of an ongoing investigation, except where disclosure is
9authorized elsewhere in this Code. However, specific portions
10of electronic mail and telephone billing records may only be
11kept confidential under this paragraph if the length of time
12prescribed for commencement of prosecution or the finding of
13an indictment or information under the statute of limitations
14applicable to the crime that is under investigation has not
15expired.
   16b.   Records or information compiled for law enforcement
17purposes. However, the date, time, specific location, and
18immediate facts and circumstances surrounding a crime or
19incident shall not be confidential under this paragraph
20except in those unusual circumstances where disclosure would
21plainly and seriously jeopardize an investigation or pose a
22clear and present danger to the safety of an individual. Any
23other records or information compiled for law enforcement
24purposes shall remain confidential only to the extent that the
25production of such records or information could reasonably be
26expected to do any of the following:
   27(1)  Interfere with enforcement proceedings.
   28(2)  Deprive a person of a right to a fair trial or an
29impartial adjudication.
   30(3)  Constitute an unwarranted invasion of personal privacy.
   31(4)  Disclose the identity of a confidential source
32including a state, local, or foreign agency or authority,
33a private institution which furnished information on a
34confidential basis, and, in the case of an investigative
35report compiled by a law enforcement agency in the course
-1-1of a criminal investigation or by a law enforcement
2agency conducting a lawful national security intelligence
3investigation, information furnished by a confidential source.
   4(5)  Disclose techniques, procedures, and guidelines for law
5enforcement investigations or prosecutions if such disclosure
6could reasonably be expected to risk circumvention of the law.
   7(6)  Endanger the life or physical safety of any individual.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
   11This bill relates to the confidentiality of certain law
12enforcement reports, records, and information under Iowa’s open
13records law.
   14Current Code section 22.7(5) provides that peace officers’
15investigative reports, certain law enforcement officer
16privileged records or information, and specific portions
17of electronic mail and telephone billing records of law
18enforcement agencies if part of an ongoing investigation are
19confidential, except where disclosure is authorized elsewhere
20in the Code. The date, time, specific location, and immediate
21facts and circumstances surrounding a crime or incident shall
22not be kept confidential, except in those unusual circumstances
23where disclosure would plainly and seriously jeopardize an
24investigation or pose a clear and present danger to the safety
25of an individual. Specific portions of electronic mail and
26telephone billing records may only be kept confidential if
27the length of time prescribed to begin a prosecution or the
28finding of an indictment or information applicable to the crime
29investigated has not expired.
   30The bill amends Code section 22.7(5) to provide that peace
31officers’ investigative reports, law enforcement officer
32privileged records or information specified in Code section
3380G.2, and specific portions of electronic mail and telephone
34billing records of law enforcement agencies if that information
35is part of an ongoing investigation, shall be confidential.
-2-1Specific portions of electronic mail and telephone billing
2records of law enforcement agencies are subject to the same
3confidentiality restrictions as provided in current law.
   4The bill also amends Code section 22.7(5) to provide that
5records or information compiled for law enforcement purposes
6except for the date, time, specific location, and immediate
7facts and circumstances of a crime or incident, subject to
8certain unusual circumstances, shall be confidential. Any
9other records or information compiled for law enforcement
10purposes shall be confidential, but only to the extent that
11such records or information could reasonably be expected to (1)
12interfere with enforcement proceedings; (2) deprive a person
13of a right to a fair trial; (3) constitute an unwarranted
14invasion of personal privacy; (4) disclose the identity
15of a confidential source which furnished information on a
16confidential basis, and, in the case of an investigative report
17compiled by a criminal law enforcement agency in the course
18of a criminal investigation or by a law enforcement agency
19conducting a national security intelligence investigation,
20information furnished by a confidential source; (5) disclose
21techniques, procedures, and guidelines for law enforcement
22investigations or prosecutions if such disclosure could
23reasonably be expected to risk circumvention of the law; or (6)
24endanger the life or physical safety of any individual.
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