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Senate Study Bill 1106 - 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 2021, is amended
2to read as follows:
35. a. (1) Peace officers’ investigative reports,
4privileged records or information specified in section 80G.2,
5and specific portions of electronic mail and telephone billing
6records of law enforcement agencies if that information is
7part of an ongoing investigation, except where disclosure is
8authorized elsewhere in this Code. However, the date, time,
9specific location, and immediate facts and circumstances
10surrounding a crime or incident shall not be kept confidential
11under this section subsection, except in those unusual
12circumstances where disclosure would plainly and seriously
13jeopardize an investigation or pose a clear and present danger
14to the safety of an individual.
15(2) For purposes of this paragraph, “immediate facts and
16circumstances surrounding a crime or incident” include but are
17not limited to the following:
18(a) The identity of any individual arrested in connection
19with the crime or incident.
20(b) The identity of any individual believed to be
21responsible for the crime or incident if such disclosure would
22not reasonably frustrate attempts to apprehend the individual.
23(c) The identity of any victim of the crime or incident,
24if such information is not otherwise protected by law or court
25order.
26(d) Any criminal charges filed in connection with the crime
27or incident.
28(e) Booking photographs from any arrests that occurred in
29connection with the crime or incident.
30(f) A concise description of the facts of the crime or
31incident sufficient to reveal the probable cause for any
32arrests that occurred in connection with the crime or incident.
33(g) Any contemporaneous audio or video recordings of the
34crime or incident.
35b. Specific portions of electronic mail and telephone
-1-1billing records of law enforcement agencies may only be kept
2confidential under this subsection if that information is part
3of an ongoing investigation or if the length of time prescribed
4for commencement of prosecution or the finding of an indictment
5or information under the statute of limitations applicable to
6the crime that is under investigation has not expired.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the confidentiality of certain law
11enforcement reports, records, and information under Iowa’s open
12records law.
13Current Code section 22.7(5) provides that peace officers’
14investigative reports, privileged records or information
15specified in Code section 80G.2 (providing that a law
16enforcement officer shall not be examined or be required to
17give evidence in any criminal proceeding regarding certain
18records and information which are confidential and privileged),
19and specific portions of electronic mail and telephone billing
20records of law enforcement agencies if that information is part
21of an ongoing investigation, shall be kept confidential unless
22otherwise ordered by a court, by the lawful custodian of the
23record, or by another authorized person, or where disclosure
24is authorized elsewhere in Iowa law. However, the date, time,
25specific location, and immediate facts and circumstances
26surrounding a crime or incident shall not be kept confidential
27except in those unusual circumstances where disclosure would
28plainly and seriously jeopardize an investigation or pose
29a clear and present danger to the safety of an individual.
30Specific portions of electronic mail and telephone billing
31records may only be kept confidential if the length of time
32prescribed for commencement of prosecution or the finding of
33an indictment or information under the statute of limitations
34applicable to the crime that is under investigation has not
35expired.
-2- 1The bill amends Code section 22.7(5) to provide that peace
2officers’ investigative reports shall be kept confidential
3unless otherwise ordered by a court, by the lawful custodian of
4the record, or by another authorized person, or except where
5disclosure is authorized elsewhere in the Code, and removes the
6reference to Code section 80G.2.
7The bill retains current law allowing the release of
8the date, time, specific location, and immediate facts and
9circumstances surrounding a crime or incident, and specifies
10that the “immediate facts and circumstances surrounding a crime
11or incident” include but are not limited to: the identity
12of any individual arrested in connection with the crime
13or incident; the identity of any individual believed to be
14responsible for the crime or incident if such disclosure would
15not reasonably frustrate attempts to apprehend the individual;
16the identity of any victim of the crime or incident, if such
17information is not otherwise protected by law or court order;
18any criminal charges filed in connection with the crime or
19incident; booking photographs from any arrests that occurred in
20connection with the crime or incident; a concise description
21of the facts of the crime or incident sufficient to reveal the
22probable cause for any arrests that occurred in connection with
23the crime or incident; and any contemporaneous audio or video
24recordings of the crime or incident.
25The bill retains current law which provides that specific
26portions of electronic mail and telephone billing records of
27law enforcement agencies may be kept confidential if that
28information is part of an ongoing investigation or if the
29length of time prescribed for commencement of prosecution
30or the finding of an indictment or information under the
31statute of limitations applicable to the crime that is under
32investigation has not expired.
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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 2021, is amended
2to read as follows:
35. a. (1) Peace officers’ investigative reports,
4privileged records or information specified in section 80G.2,
5and specific portions of electronic mail and telephone billing
6records of law enforcement agencies if that information is
7part of an ongoing investigation, except where disclosure is
8authorized elsewhere in this Code. However, the date, time,
9specific location, and immediate facts and circumstances
10surrounding a crime or incident shall not be kept confidential
11under this section subsection, except in those unusual
12circumstances where disclosure would plainly and seriously
13jeopardize an investigation or pose a clear and present danger
14to the safety of an individual.
15(2) For purposes of this paragraph, “immediate facts and
16circumstances surrounding a crime or incident” include but are
17not limited to the following:
18(a) The identity of any individual arrested in connection
19with the crime or incident.
20(b) The identity of any individual believed to be
21responsible for the crime or incident if such disclosure would
22not reasonably frustrate attempts to apprehend the individual.
23(c) The identity of any victim of the crime or incident,
24if such information is not otherwise protected by law or court
25order.
26(d) Any criminal charges filed in connection with the crime
27or incident.
28(e) Booking photographs from any arrests that occurred in
29connection with the crime or incident.
30(f) A concise description of the facts of the crime or
31incident sufficient to reveal the probable cause for any
32arrests that occurred in connection with the crime or incident.
33(g) Any contemporaneous audio or video recordings of the
34crime or incident.
35b. Specific portions of electronic mail and telephone
-1-1billing records of law enforcement agencies may only be kept
2confidential under this subsection if that information is part
3of an ongoing investigation or if the length of time prescribed
4for commencement of prosecution or the finding of an indictment
5or information under the statute of limitations applicable to
6the crime that is under investigation has not expired.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the confidentiality of certain law
11enforcement reports, records, and information under Iowa’s open
12records law.
13Current Code section 22.7(5) provides that peace officers’
14investigative reports, privileged records or information
15specified in Code section 80G.2 (providing that a law
16enforcement officer shall not be examined or be required to
17give evidence in any criminal proceeding regarding certain
18records and information which are confidential and privileged),
19and specific portions of electronic mail and telephone billing
20records of law enforcement agencies if that information is part
21of an ongoing investigation, shall be kept confidential unless
22otherwise ordered by a court, by the lawful custodian of the
23record, or by another authorized person, or where disclosure
24is authorized elsewhere in Iowa law. However, the date, time,
25specific location, and immediate facts and circumstances
26surrounding a crime or incident shall not be kept confidential
27except in those unusual circumstances where disclosure would
28plainly and seriously jeopardize an investigation or pose
29a clear and present danger to the safety of an individual.
30Specific portions of electronic mail and telephone billing
31records may only be kept confidential if the length of time
32prescribed for commencement of prosecution or the finding of
33an indictment or information under the statute of limitations
34applicable to the crime that is under investigation has not
35expired.
-2- 1The bill amends Code section 22.7(5) to provide that peace
2officers’ investigative reports shall be kept confidential
3unless otherwise ordered by a court, by the lawful custodian of
4the record, or by another authorized person, or except where
5disclosure is authorized elsewhere in the Code, and removes the
6reference to Code section 80G.2.
7The bill retains current law allowing the release of
8the date, time, specific location, and immediate facts and
9circumstances surrounding a crime or incident, and specifies
10that the “immediate facts and circumstances surrounding a crime
11or incident” include but are not limited to: the identity
12of any individual arrested in connection with the crime
13or incident; the identity of any individual believed to be
14responsible for the crime or incident if such disclosure would
15not reasonably frustrate attempts to apprehend the individual;
16the identity of any victim of the crime or incident, if such
17information is not otherwise protected by law or court order;
18any criminal charges filed in connection with the crime or
19incident; booking photographs from any arrests that occurred in
20connection with the crime or incident; a concise description
21of the facts of the crime or incident sufficient to reveal the
22probable cause for any arrests that occurred in connection with
23the crime or incident; and any contemporaneous audio or video
24recordings of the crime or incident.
25The bill retains current law which provides that specific
26portions of electronic mail and telephone billing records of
27law enforcement agencies may be kept confidential if that
28information is part of an ongoing investigation or if the
29length of time prescribed for commencement of prosecution
30or the finding of an indictment or information under the
31statute of limitations applicable to the crime that is under
32investigation has not expired.
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