Bill Text: IA HSB115 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to judicial officer, prosecuting attorney, and peace officer personal information under the control of local officials, providing penalties, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-25 - Subcommittee recommends passage. Vote Total: 3-0 [HSB115 Detail]
Download: Iowa-2021-HSB115-Introduced.html
House
Study
Bill
115
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
judicial
officer,
prosecuting
attorney,
1
and
peace
officer
personal
information
under
the
control
2
of
local
officials,
providing
penalties,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2051YC
(2)
89
as/ns
H.F.
_____
Section
1.
NEW
SECTION
.
331.911
Request
to
limit
public
1
access
to
certain
judicial
officer,
prosecuting
attorney,
and
2
peace
officer
personal
information
——
internet
sites.
3
1.
Notwithstanding
chapter
22,
a
currently
active
or
4
retired
state
or
local
judicial
officer,
as
defined
in
section
5
4.1,
a
currently
active
or
retired
state
or
local
prosecuting
6
attorney
or
peace
officer,
as
those
terms
are
defined
in
7
section
801.4,
or
a
spouse
or
child
of
such
a
person,
may
file
8
a
written
request
with
a
local
official
on
a
form
prescribed
by
9
the
department
of
public
safety,
in
consultation
with
the
Iowa
10
county
recorders
association
and
the
Iowa
state
association
of
11
assessors,
to
prohibit
the
general
public
from
accessing,
on
an
12
internet
site
maintained
by
the
local
official,
the
judicial
13
officer’s,
prosecuting
attorney’s,
or
peace
officer’s
name,
14
including
the
name
of
a
spouse
or
child,
residential
address,
15
and
telephone
number,
as
identified
by
the
judicial
officer,
16
prosecuting
attorney,
peace
officer,
spouse,
or
child,
that
are
17
contained
in
instruments,
books,
records,
indexes,
and
other
18
information
under
the
authority
of
the
local
official.
19
2.
Within
fifteen
days
of
receiving
the
request,
the
local
20
official
shall
ensure
that
the
information
identified
under
21
subsection
1
does
not
appear
in
search
results
on
an
internet
22
site
maintained
by
the
local
official.
23
3.
A
local
official
who
knowingly
releases
or
publicizes
the
24
name,
residential
address,
or
telephone
number
of
a
person
who
25
has
had
information
removed
from
an
internet
site
maintained
26
by
the
local
official
pursuant
to
this
section
is
guilty
of
an
27
aggravated
misdemeanor.
28
4.
a.
A
person
identified
in
subsection
1
who
is
injured
29
as
a
result
of
a
violation
of
this
section
may
bring
a
civil
30
action
in
the
district
court
of
the
county
in
which
the
31
violation
occurred
for
any
of
the
following
remedies:
32
(1)
A
declaratory
judgment.
33
(2)
Injunctive
relief.
34
(3)
Actual,
incidental,
and
consequential
damages.
35
-1-
LSB
2051YC
(2)
89
as/ns
1/
3
H.F.
_____
(4)
Other
equitable
relief
which
the
court
deems
1
appropriate.
2
b.
The
prevailing
party
in
an
action
brought
under
this
3
subsection
shall
be
awarded
all
costs
of
such
litigation
4
including
reasonable
attorney
fees.
5
5.
For
purposes
of
this
section,
“local
official”
means
a
6
county
auditor,
county
treasurer,
county
recorder,
or
local
7
assessor.
8
Sec.
2.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
9
3,
shall
not
apply
to
this
Act.
10
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
11
importance,
takes
effect
upon
enactment.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
judicial
officer,
prosecuting
attorney,
16
and
peace
officer
personal
information
under
the
control
of
17
local
officials,
including
a
county
auditor,
county
treasurer,
18
county
recorder,
or
local
assessor.
19
The
bill
provides
that
a
currently
active
or
retired
state
20
or
local
judicial
officer,
a
currently
active
or
retired
state
21
or
local
prosecuting
attorney
or
peace
officer,
or
a
spouse
or
22
child
of
such
a
person,
may
file
a
written
request
with
a
local
23
official
to
prohibit
the
general
public
from
accessing,
on
an
24
internet
site
maintained
by
the
local
official,
the
judicial
25
officer’s,
prosecuting
attorney’s,
or
peace
officer’s
name,
26
including
the
name
of
a
spouse
or
child,
residential
address,
27
and
telephone
number,
contained
in
instruments,
books,
records,
28
indexes,
and
other
information
under
the
authority
of
the
local
29
official.
Within
15
days
of
receiving
the
request,
the
local
30
official
shall
ensure
that
the
information
does
not
appear
in
31
search
results
on
an
internet
site
maintained
by
the
local
32
official.
33
The
bill
provides
a
local
official
who
knowingly
releases
34
or
publicizes
the
name,
residential
address,
or
telephone
35
-2-
LSB
2051YC
(2)
89
as/ns
2/
3
H.F.
_____
number
of
a
person
who
has
had
information
removed
from
an
1
internet
site
maintained
by
the
local
official
is
guilty
of
2
an
aggravated
misdemeanor.
An
aggravated
misdemeanor
is
3
punishable
by
confinement
for
no
more
than
two
years
and
a
4
fine
of
at
least
$855
but
not
more
than
$8,540.
A
person
who
5
is
injured
as
a
result
of
a
violation
of
the
bill
may
bring
6
a
civil
action
seeking
a
declaratory
judgment;
injunctive
7
relief;
actual,
incidental,
and
consequential
damages;
and
8
other
equitable
relief
which
the
court
deems
appropriate.
The
9
prevailing
party
in
the
action
shall
be
awarded
all
costs
of
10
such
litigation
including
reasonable
attorney
fees.
11
The
bill
may
include
a
state
mandate
as
defined
in
Code
12
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
13
subsection
3,
which
would
relieve
a
political
subdivision
from
14
complying
with
a
state
mandate
if
funding
for
the
cost
of
15
the
state
mandate
is
not
provided
or
specified.
Therefore,
16
political
subdivisions
are
required
to
comply
with
any
state
17
mandate
included
in
the
bill.
18
The
bill
takes
effect
upon
enactment.
19
-3-
LSB
2051YC
(2)
89
as/ns
3/
3
