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House File 265 - ReprintedA Bill ForAn Act 1relating to the confidentiality of search warrant
2information.
3BE 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,
11and the warrant includes the name of a specific person, the
12warrant shall be sealed by the court upon application to the
13court by the person named in the warrant. During the period
14of time that information is confidential it shall be sealed
15by the court, and the information contained therein shall not
16be disseminated to any person other than a peace officer,
17magistrate, or another court employee, in the course of
18official duties.
192. a. All information filed with the court for the purpose
20of securing a warrant for a search or seizure of property in
21a criminal case that results in an acquittal or the dismissal
22of all criminal charges, including a dismissal relating to a
23deferred judgment under section 907.9, upon application to
24the court by the person named in the warrant following such
25acquittal or dismissal, shall be a confidential record, shall
26be sealed by the court, and shall not be disseminated to any
27person other than a peace officer, county attorney, magistrate,
28or another court employee, in the course of official duties.
29b. This subsection shall only apply to a warrant identifying
30one defendant and not multiple defendants.
as/rh/md
2information.
3BE 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,
11and the warrant includes the name of a specific person, the
12warrant shall be sealed by the court upon application to the
13court by the person named in the warrant. During the period
14of time that information is confidential it shall be sealed
15by the court, and the information contained therein shall not
16be disseminated to any person other than a peace officer,
17magistrate, or another court employee, in the course of
18official duties.
192. a. All information filed with the court for the purpose
20of securing a warrant for a search or seizure of property in
21a criminal case that results in an acquittal or the dismissal
22of all criminal charges, including a dismissal relating to a
23deferred judgment under section 907.9, upon application to
24the court by the person named in the warrant following such
25acquittal or dismissal, shall be a confidential record, shall
26be sealed by the court, and shall not be disseminated to any
27person other than a peace officer, county attorney, magistrate,
28or another court employee, in the course of official duties.
29b. This subsection shall only apply to a warrant identifying
30one defendant and not multiple defendants.
as/rh/md