Bill Text: IA HF2238 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to a probation officer's access to confidential information filed with the court for securing an arrest or search warrant.(Formerly HF 2058.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-11 - Withdrawn. H.J. 565. [HF2238 Detail]
Download: Iowa-2023-HF2238-Introduced.html
House
File
2238
-
Introduced
HOUSE
FILE
2238
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2058)
A
BILL
FOR
An
Act
relating
to
a
probation
officer’s
access
to
confidential
1
information
filed
with
the
court
for
securing
an
arrest
or
2
search
warrant.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5520HV
(1)
90
as/js
H.F.
2238
Section
1.
Section
804.29,
subsection
2,
Code
2024,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
f.
A
probation
officer
employed
by
the
3
United
States,
acting
pursuant
to
18
U.S.C.
§3602.
4
Sec.
2.
Section
808.13,
Code
2024,
is
amended
to
read
as
5
follows:
6
808.13
Confidentiality.
7
All
information
filed
with
the
court
for
the
purpose
of
8
securing
a
warrant
for
a
search,
including
but
not
limited
to
9
an
application
and
affidavits,
shall
be
a
confidential
record
10
until
such
time
as
a
peace
officer
has
executed
the
warrant
11
and
has
made
return
thereon.
During
the
period
of
time
that
12
information
is
confidential
it
shall
be
sealed
by
the
court,
13
and
the
information
contained
therein
shall
not
be
disseminated
14
to
any
person
other
than
a
peace
officer,
magistrate,
court
15
employee,
an
employee
of
the
department
of
corrections,
if
16
authorized
by
the
director
of
the
department
of
corrections,
or
17
an
employee
of
a
judicial
district
department
of
correctional
18
services,
if
authorized
by
the
director
of
the
judicial
19
district
department
of
correctional
services,
or
a
probation
20
officer
employed
by
the
United
States,
acting
pursuant
to
18
21
U.S.C.
§3602,
in
the
course
of
official
duties.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
a
probation
officer’s
access
to
26
confidential
information
filed
with
the
court
for
securing
an
27
arrest
or
search
warrant.
28
Current
Code
section
804.29
(commencement
of
actions
——
29
confidentiality)
provides
that
all
information
filed
with
the
30
court
for
the
purpose
of
securing
a
warrant
for
an
arrest
shall
31
be
a
confidential
record
until
such
time
as
a
peace
officer
32
has
made
the
arrest
and
has
made
the
officer’s
return
on
the
33
warrant,
or
the
defendant
has
made
an
initial
appearance
in
34
court.
During
the
period
of
confidentiality
the
information
in
35
-1-
LSB
5520HV
(1)
90
as/js
1/
2
H.F.
2238
the
record
may
be
disseminated,
without
court
order,
during
the
1
course
of
official
duties
to
certain
listed
persons.
2
The
bill
provides
that
a
probation
officer
employed
by
the
3
United
States,
acting
pursuant
to
18
U.S.C.
§3602,
may
have
4
access
to
information
in
the
record,
without
court
order,
5
during
the
course
of
the
probation
officer’s
official
duties
6
unless
access
to
such
information
is
expressly
denied
by
court
7
order.
8
Current
Code
section
808.13
(search
and
seizure
——
9
confidentiality)
provides
that
all
information
filed
with
10
the
court
for
the
purpose
of
securing
a
warrant
for
a
search
11
shall
be
a
confidential
record
until
such
time
as
a
peace
12
officer
has
executed
the
warrant
and
has
made
return
thereon.
13
During
the
period
of
time
that
information
is
confidential
it
14
shall
be
sealed
by
the
court,
and
the
information
contained
15
therein
shall
not
be
disseminated
to
any
person
other
than
a
16
peace
officer,
magistrate,
court
employee,
an
employee
of
the
17
department
of
corrections,
if
authorized
by
the
director
of
18
the
department
of
corrections,
or
an
employee
of
a
judicial
19
district
department
of
correctional
services,
if
authorized
20
by
the
director
of
the
judicial
district
department
of
21
correctional
services,
in
the
course
of
official
duties.
22
The
bill
adds
a
probation
officer
employed
by
the
United
23
States,
acting
pursuant
to
18
U.S.C.
§3602,
to
the
list
24
of
persons
authorized
to
access
otherwise
confidential
25
information.
26
-2-
LSB
5520HV
(1)
90
as/js
2/
2
