Bill Text: IA SF241 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement officers including the establishment of a law enforcement officer privilege and the confidentiality of certain law enforcement officer personnel records. (See SF 445.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-01 - NOBA: Graybook [SF241 Detail]
Download: Iowa-2017-SF241-Introduced.html
Senate File 241 - Introduced SENATE FILE BY DAWSON A BILL FOR 1 An Act relating to law enforcement officers including the 2 establishment of a law enforcement officer privilege and the 3 confidentiality of certain law enforcement officer personnel 4 records. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1540XS (12) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 22.7, subsection 5, Code 2017, is amended 1 2 to read as follows: 1 3 5. Peace officers' investigative reports, privileged 1 4 records or information specified in section 80G.1, and specific 1 5 portions of electronic mail and telephone billing records of 1 6 law enforcement agencies if that information is part of an 1 7 ongoing investigation, except where disclosure is authorized 1 8 elsewhere in this Code. However, the date, time, specific 1 9 location, and immediate facts and circumstances surrounding a 1 10 crime or incident shall not be kept confidential under this 1 11 section, except in those unusual circumstances where disclosure 1 12 would plainly and seriously jeopardize an investigation or pose 1 13 a clear and present danger to the safety of an individual. 1 14 Specific portions of electronic mail and telephone billing 1 15 records may only be kept confidential under this subsection if 1 16 the length of time prescribed for commencement of prosecution 1 17 or the finding of an indictment or information under the 1 18 statute of limitations applicable to the crime that is under 1 19 investigation has not expired. 1 20 Sec. 2. Section 22.7, subsection 11, paragraph a, 1 21 unnumbered paragraph 1, Code 2017, is amended to read as 1 22 follows: 1 23 Personal information in confidential personnel records 1 24 of government bodies relating to identified or identifiable 1 25 individuals who are officials, officers, or employees of the 1 26 government bodies. However, the following information relating 1 27 to such individuals contained in personnel records shall be 1 28 public records, except as otherwise provided in section 80G.3: 1 29 Sec. 3. NEW SECTION. 80G.1 Definitions. 1 30 As used in this section except as the context otherwise 1 31 requires: 1 32 1. "Compensation" means the same as defined in section 22.7, 1 33 subsection 11. 1 34 2. "Law enforcement officer" means the same as "peace 1 35 officer" as defined in section 801.4. 2 1 3. "Undercover law enforcement officer" means a law 2 2 enforcement officer who is actively involved with and assigned 2 3 to investigate alleged violations of state or federal law and 2 4 whose identity as a law enforcement officer is concealed while 2 5 conducting an investigation. 2 6 Sec. 4. NEW SECTION. 80G.2 Law enforcement officer ==== 2 7 privilege ==== confidentiality. 2 8 1. a. A law enforcement officer shall not be examined or 2 9 be required to give evidence in any criminal proceeding that 2 10 requires the disclosure of any records or information relating 2 11 to any of the following: 2 12 (1) Techniques and procedures used by law enforcement 2 13 officers to lawfully observe, hear, or monitor information 2 14 related to activity that appears to be criminal, unless such 2 15 techniques and procedures are disclosed in a public forum or 2 16 are disclosed voluntarily by the law enforcement officer or the 2 17 agency that employs the law enforcement officer. 2 18 (2) Identification documents or other documents necessary 2 19 to conduct a lawful undercover criminal investigation. 2 20 (3) Personal identifying information about the law 2 21 enforcement officer or immediate family member of the law 2 22 enforcement officer, or other information unrelated to the law 2 23 enforcement officer's professional duties which could be used 2 24 to threaten, harm, or intimidate the law enforcement officer 2 25 or immediate family member of the law enforcement officer, 2 26 or other information that could reasonably be construed to 2 27 constitute an unwarranted invasion of privacy of the law 2 28 enforcement officer or immediate family member of the law 2 29 enforcement officer. Personal information that is knowingly 2 30 and voluntarily disclosed by the law enforcement officer or 2 31 immediate family member of the law enforcement officer may be 2 32 redisseminated. 2 33 b. A law enforcement officer who is called to testify shall 2 34 not disclose information that is subject to nondisclosure as a 2 35 result of a court order, statute, contract, or a condition or 3 1 requirement of a grant. 3 2 2. In determining whether nondisclosure of confidential 3 3 or privileged information about a law enforcement officer 3 4 may affect a defendant's right to present a defense, the 3 5 court shall make findings on the record regarding the impact 3 6 of disclosure on the personal safety of the law enforcement 3 7 officer or immediate family member of the law enforcement 3 8 officer if the evidence is disclosed, the probative value 3 9 of the confidential or privileged information about the 3 10 law enforcement officer, the impact of disclosure on public 3 11 safety, the potential for partial or limited disclosure of the 3 12 privileged information, and the defendant's constitutional 3 13 right to present a defense. Any privileged information that is 3 14 admitted for purposes of a pretrial hearing or a preliminary 3 15 admissibility determination shall remain confidential. 3 16 Sec. 5. NEW SECTION. 80G.3 Personnel information ==== 3 17 undercover law enforcement officer ==== confidentiality. 3 18 The name, photograph, compensation and benefit records, time 3 19 records, residential address, or any other personal identifying 3 20 information of an undercover law enforcement officer shall be 3 21 confidential while the undercover law enforcement officer is 3 22 actively involved with or assigned to investigate violations 3 23 of state or federal law. 3 24 EXPLANATION 3 25 The inclusion of this explanation does not constitute agreement with 3 26 the explanation's substance by the members of the general assembly. 3 27 This bill relates to law enforcement officers including the 3 28 establishment of a law enforcement officer privilege and the 3 29 confidentiality of certain law enforcement officer personnel 3 30 records. 3 31 The bill defines a "law enforcement officer" to mean the same 3 32 as peace officer as defined in Code section 801.4. 3 33 Under the bill, a law enforcement officer shall not be 3 34 examined or be required to give evidence in any criminal 3 35 proceeding that requires the disclosure of any records or 4 1 information relating to any of the following: techniques 4 2 and procedures used by law enforcement officers to lawfully 4 3 observe, hear, or monitor information related to criminal 4 4 activity, unless such techniques and procedures are disclosed 4 5 in a public forum or are disclosed voluntarily by the law 4 6 enforcement officer or the agency that employs the law 4 7 enforcement officer; identification documents necessary to 4 8 conduct a lawful undercover criminal investigation; or personal 4 9 identifying information about the law enforcement officer or 4 10 immediate family member of the law enforcement officer, or 4 11 other information unrelated to the law enforcement officer's 4 12 professional duties which could be used to threaten, harm, or 4 13 intimidate the law enforcement officer or immediate family 4 14 member of the law enforcement officer, or other information 4 15 that could reasonably be construed to constitute an unwarranted 4 16 invasion of privacy of the law enforcement officer or immediate 4 17 family member of the law enforcement officer. Personal 4 18 information that is knowingly and voluntarily disclosed by the 4 19 law enforcement officer or immediate family member of the law 4 20 enforcement officer may be redisseminated under the bill. The 4 21 bill also provides that a law enforcement officer who is called 4 22 to testify shall not disclose information that is subject to 4 23 nondisclosure as a result of a court order, statute, contract, 4 24 or a condition or requirement of a grant. 4 25 The bill provides that in determining whether nondisclosure 4 26 of confidential or privileged information about a law 4 27 enforcement officer may affect a defendant's right to present a 4 28 defense, the court shall make findings on the record regarding 4 29 the impact of disclosure on the personal safety of the law 4 30 enforcement officer or immediate family member of the law 4 31 enforcement officer if the evidence is disclosed, the probative 4 32 value of the confidential or privileged information about the 4 33 law enforcement officer, the impact of disclosure on public 4 34 safety, the potential for partial or limited disclosure of the 4 35 privileged information, and the defendant's constitutional 5 1 right to present a defense. Any privileged information that is 5 2 admitted for purposes of a pretrial hearing or a preliminary 5 3 admissibility determination shall remain confidential under the 5 4 bill. 5 5 The bill defines "undercover law enforcement officer" to 5 6 mean a law enforcement officer who is actively involved with 5 7 and assigned to investigate alleged violations of state or 5 8 federal law and whose identity as a law enforcement officer is 5 9 concealed while conducting an investigation. 5 10 The bill provides that the name, photograph, compensation 5 11 and benefit records, time records, residential address, or any 5 12 other personal identifying information of an undercover law 5 13 enforcement officer shall be confidential while the undercover 5 14 law enforcement officer is actively involved with or assigned 5 15 to investigate violations of state or federal law. LSB 1540XS (12) 87 jm/rh/rj
