Bill Text: IA HF231 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to public access to audio recordings of 911 telephone calls.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Subcommittee reassigned, Baudler, Kressig, and Tjepkes. H.J. 53. [HF231 Detail]
Download: Iowa-2011-HF231-Introduced.html
House
File
231
-
Introduced
HOUSE
FILE
231
BY
WILLEMS
A
BILL
FOR
An
Act
relating
to
public
access
to
audio
recordings
of
911
1
telephone
calls.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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231
Section
1.
Section
22.7,
subsection
5,
Code
2011,
is
amended
1
to
read
as
follows:
2
5.
Peace
officers’
investigative
reports,
and
specific
3
portions
of
electronic
mail
and
telephone
billing
records
of
4
law
enforcement
agencies
if
that
information
is
part
of
an
5
ongoing
investigation,
except
where
disclosure
is
authorized
6
elsewhere
in
this
Code.
However,
the
date,
time,
specific
7
location,
and
immediate
facts
and
circumstances
surrounding
a
8
crime
or
incident
shall
not
be
kept
confidential
under
this
9
section
,
except
in
those
unusual
circumstances
where
disclosure
10
would
plainly
and
seriously
jeopardize
an
investigation
or
pose
11
a
clear
and
present
danger
to
the
safety
of
an
individual.
12
An
audio
recording
received
by
an
emergency
911
notification
13
device,
as
defined
in
section
34A.2,
that
conveys
the
date,
14
time,
specific
location,
or
immediate
facts
or
circumstances
15
surrounding
a
crime
or
incident,
and
is
otherwise
not
16
considered
confidential
under
this
section,
shall
be
kept
17
confidential
but
a
written
transcript
of
the
audio
recording
18
shall
not
be
kept
confidential.
To
the
extent
that
a
911
19
audio
recording
may
convey
the
date,
time,
specific
location,
20
and
immediate
facts
and
circumstances
surrounding
a
crime
or
21
incident,
and
otherwise
be
considered
not
confidential
under
22
this
section,
only
a
written
transcript
of
the
audio
recording
23
shall
be
considered
a
public
record.
Specific
portions
of
24
electronic
mail
and
telephone
billing
records
may
only
be
25
kept
confidential
under
this
subsection
if
the
length
of
time
26
prescribed
for
commencement
of
prosecution
or
the
finding
of
27
an
indictment
or
information
under
the
statute
of
limitations
28
applicable
to
the
crime
that
is
under
investigation
has
not
29
expired.
30
Sec.
2.
Section
22.7,
subsection
18,
paragraph
c,
Code
2011,
31
is
amended
to
read
as
follows:
32
c.
Information
contained
in
the
communication
is
a
public
33
record
to
the
extent
that
it
indicates
the
date,
time,
specific
34
location,
and
immediate
facts
and
circumstances
surrounding
35
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231
the
occurrence
of
a
crime
or
other
illegal
act,
except
to
1
the
extent
that
its
disclosure
would
plainly
and
seriously
2
jeopardize
a
continuing
investigation
or
pose
a
clear
and
3
present
danger
to
the
safety
of
any
person.
An
audio
recording
4
received
by
an
emergency
911
notification
device,
as
defined
5
in
section
34A.2,
that
conveys
the
date,
time,
specific
6
location,
or
immediate
facts
or
circumstances
surrounding
7
a
crime
or
incident,
and
is
otherwise
not
considered
8
confidential
under
this
section,
shall
be
kept
confidential
9
but
a
written
transcript
of
the
audio
recording
shall
not
be
10
kept
confidential.
To
the
extent
that
a
911
audio
recording
11
may
convey
the
date,
time,
specific
location,
and
immediate
12
facts
and
circumstances
surrounding
a
crime
or
other
illegal
13
act,
and
otherwise
be
considered
not
confidential
under
this
14
section,
only
a
written
transcript
of
the
audio
recording
shall
15
be
considered
a
public
record.
In
any
action
challenging
the
16
failure
of
the
lawful
custodian
to
disclose
any
particular
17
information
of
the
kind
enumerated
in
this
paragraph,
the
18
burden
of
proof
is
on
the
lawful
custodian
to
demonstrate
that
19
the
disclosure
of
that
information
would
jeopardize
such
an
20
investigation
or
would
pose
such
a
clear
and
present
danger.
21
EXPLANATION
22
This
bill
relates
to
provisions
currently
contained
in
Code
23
section
22.7,
dealing
with
confidential
public
records.
24
Code
section
22.7,
subsection
5,
provides
that
peace
25
officers’
investigative
reports,
and
specific
portions
26
of
electronic
mail
and
telephone
billing
records
of
law
27
enforcement
agencies
are
to
be
regarded
as
confidential
if
28
that
information
is
part
of
an
ongoing
investigation
unless
29
disclosure
is
authorized
elsewhere
in
the
Code.
There
is
30
an
exception
providing
for
public
access
to
the
disclosure
31
of
the
date,
time,
specific
location,
and
immediate
facts
32
and
circumstances
surrounding
a
crime
or
incident
except
33
where
disclosure
would
plainly
and
seriously
jeopardize
an
34
investigation
or
pose
a
clear
and
present
danger
to
the
safety
35
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of
an
individual.
1
Similarly,
Code
section
22.7,
subsection
18,
confers
2
confidential
status
on
communications
not
required
by
law,
3
rule,
procedure,
or
contract
made
to
a
government
body
or
4
to
any
of
its
employees
by
identified
persons
outside
of
5
government,
to
the
extent
that
the
government
body
receiving
6
those
communications
from
such
persons
outside
of
government
7
could
reasonably
believe
that
those
persons
would
be
8
discouraged
from
making
them
to
that
government
body
if
they
9
were
available
for
general
public
examination.
Exceptions
10
providing
for
public
access
include
information
conveying
11
the
date,
time,
specific
location,
and
immediate
facts
and
12
circumstances
surrounding
the
occurrence
of
a
crime
or
other
13
illegal
act,
except
to
the
extent
that
its
disclosure
would
14
plainly
and
seriously
jeopardize
a
continuing
investigation
or
15
pose
a
clear
and
present
danger
to
the
safety
of
any
person.
16
In
both
instances,
the
bill
provides
that
an
audio
17
recording
received
by
an
emergency
911
notification
device,
18
as
defined
in
Code
section
34A.2,
that
conveys
the
date,
19
time,
specific
location,
or
immediate
facts
or
circumstances
20
surrounding
a
crime
or
incident,
and
is
otherwise
not
21
considered
confidential,
shall
be
kept
confidential
but
a
22
written
transcript
of
the
audio
recording
shall
not
be
kept
23
confidential.
24
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