Bill Text: IA HF323 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the confidentiality of search warrant information in a criminal case resulting in an acquittal or a dismissal. (See HF 581.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-14 - Withdrawn. H.J. 644. [HF323 Detail]

Download: Iowa-2017-HF323-Introduced.html

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House File 323 - Introduced




                                 HOUSE FILE       
                                 BY  OLSON

                                      A BILL FOR

  1 An Act relating to the confidentiality of search warrant
  2    information in a criminal case resulting in an acquittal or
  3    a dismissal.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1111YH (2) 87
    rh/rj

PAG LIN



  1  1    Section 1.  Section 808.13, Code 2017, is amended to read as
  1  2 follows:
  1  3    808.13  Confidentiality.
  1  4    1.  All Except as otherwise provided in subsection 2, all
  1  5  information filed with the court for the purpose of securing
  1  6 a warrant for a search, including but not limited to an
  1  7 application and affidavits, shall be a confidential record
  1  8 until such time as a peace officer has executed the warrant
  1  9 and has made return thereon. During the period of time that
  1 10 information is confidential it shall be sealed by the court,
  1 11 and the information contained therein shall not be disseminated
  1 12 to any person other than a peace officer, magistrate, or
  1 13 another court employee, in the course of official duties.
  1 14    2.  All information filed with the court for the purpose
  1 15 of securing a warrant for a search or seizure of property in
  1 16 a criminal case that results in an acquittal or the dismissal
  1 17 of all criminal charges, including a dismissal relating to a
  1 18 deferred judgment under section 907.9, upon such acquittal or
  1 19 dismissal, shall be a confidential record, shall be sealed by
  1 20 the court, and shall not be disseminated to any person other
  1 21 than a peace officer, magistrate, or another court employee, in
  1 22 the course of official duties.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill relates to the confidentiality of search warrant
  1 27 information in a criminal case resulting in an acquittal or a
  1 28 dismissal.
  1 29    Under current law, all information filed with the court for
  1 30 the purpose of securing a search warrant is a confidential
  1 31 record until a peace officer has executed the warrant and
  1 32 has filed a return of service with the court.  During the
  1 33 confidentiality period, the information shall be sealed by
  1 34 the court and the information cannot be disseminated to any
  1 35 person other than a peace officer, magistrate, or another court
  2  1 employee, in the course of official duties.
  2  2    The bill provides that all information filed with the court
  2  3 for the purpose of securing a warrant for a search or seizure
  2  4 of property in a criminal case that results in an acquittal or
  2  5 the dismissal of all criminal charges, including a dismissal
  2  6 relating to a deferred judgment under Code section 907.9, upon
  2  7 such acquittal or dismissal, shall be a confidential record,
  2  8 shall be sealed by the court, and shall not be disseminated to
  2  9 any person other than a peace officer, magistrate, or another
  2 10 court employee, in the course of official duties.
       LSB 1111YH (2) 87
       rh/rj