Bill Text: IA SSB1106 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the confidentiality of certain law enforcement reports, records, and information under Iowa's open records law.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-28 - Subcommittee: Shipley, Kinney, and Taylor, J. [SSB1106 Detail]
Download: Iowa-2021-SSB1106-Introduced.html
Senate
Study
Bill
1106
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
IOWA
PUBLIC
INFORMATION
BOARD
BILL)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
certain
law
1
enforcement
reports,
records,
and
information
under
Iowa’s
2
open
records
law.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1026DP
(4)
89
as/rh
S.F.
_____
H.F.
_____
Section
1.
Section
22.7,
subsection
5,
Code
2021,
is
amended
1
to
read
as
follows:
2
5.
a.
(1)
Peace
officers’
investigative
reports
,
3
privileged
records
or
information
specified
in
section
80G.2
,
4
and
specific
portions
of
electronic
mail
and
telephone
billing
5
records
of
law
enforcement
agencies
if
that
information
is
6
part
of
an
ongoing
investigation,
except
where
disclosure
is
7
authorized
elsewhere
in
this
Code.
However,
the
date,
time,
8
specific
location,
and
immediate
facts
and
circumstances
9
surrounding
a
crime
or
incident
shall
not
be
kept
confidential
10
under
this
section
subsection
,
except
in
those
unusual
11
circumstances
where
disclosure
would
plainly
and
seriously
12
jeopardize
an
investigation
or
pose
a
clear
and
present
danger
13
to
the
safety
of
an
individual.
14
(2)
For
purposes
of
this
paragraph,
“immediate
facts
and
15
circumstances
surrounding
a
crime
or
incident”
include
but
are
16
not
limited
to
the
following:
17
(a)
The
identity
of
any
individual
arrested
in
connection
18
with
the
crime
or
incident.
19
(b)
The
identity
of
any
individual
believed
to
be
20
responsible
for
the
crime
or
incident
if
such
disclosure
would
21
not
reasonably
frustrate
attempts
to
apprehend
the
individual.
22
(c)
The
identity
of
any
victim
of
the
crime
or
incident,
23
if
such
information
is
not
otherwise
protected
by
law
or
court
24
order.
25
(d)
Any
criminal
charges
filed
in
connection
with
the
crime
26
or
incident.
27
(e)
Booking
photographs
from
any
arrests
that
occurred
in
28
connection
with
the
crime
or
incident.
29
(f)
A
concise
description
of
the
facts
of
the
crime
or
30
incident
sufficient
to
reveal
the
probable
cause
for
any
31
arrests
that
occurred
in
connection
with
the
crime
or
incident.
32
(g)
Any
contemporaneous
audio
or
video
recordings
of
the
33
crime
or
incident.
34
b.
Specific
portions
of
electronic
mail
and
telephone
35
-1-
LSB
1026DP
(4)
89
as/rh
1/
3
S.F.
_____
H.F.
_____
billing
records
of
law
enforcement
agencies
may
only
be
kept
1
confidential
under
this
subsection
if
that
information
is
part
2
of
an
ongoing
investigation
or
if
the
length
of
time
prescribed
3
for
commencement
of
prosecution
or
the
finding
of
an
indictment
4
or
information
under
the
statute
of
limitations
applicable
to
5
the
crime
that
is
under
investigation
has
not
expired.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
confidentiality
of
certain
law
10
enforcement
reports,
records,
and
information
under
Iowa’s
open
11
records
law.
12
Current
Code
section
22.7(5)
provides
that
peace
officers’
13
investigative
reports,
privileged
records
or
information
14
specified
in
Code
section
80G.2
(providing
that
a
law
15
enforcement
officer
shall
not
be
examined
or
be
required
to
16
give
evidence
in
any
criminal
proceeding
regarding
certain
17
records
and
information
which
are
confidential
and
privileged),
18
and
specific
portions
of
electronic
mail
and
telephone
billing
19
records
of
law
enforcement
agencies
if
that
information
is
part
20
of
an
ongoing
investigation,
shall
be
kept
confidential
unless
21
otherwise
ordered
by
a
court,
by
the
lawful
custodian
of
the
22
record,
or
by
another
authorized
person,
or
where
disclosure
23
is
authorized
elsewhere
in
Iowa
law.
However,
the
date,
time,
24
specific
location,
and
immediate
facts
and
circumstances
25
surrounding
a
crime
or
incident
shall
not
be
kept
confidential
26
except
in
those
unusual
circumstances
where
disclosure
would
27
plainly
and
seriously
jeopardize
an
investigation
or
pose
28
a
clear
and
present
danger
to
the
safety
of
an
individual.
29
Specific
portions
of
electronic
mail
and
telephone
billing
30
records
may
only
be
kept
confidential
if
the
length
of
time
31
prescribed
for
commencement
of
prosecution
or
the
finding
of
32
an
indictment
or
information
under
the
statute
of
limitations
33
applicable
to
the
crime
that
is
under
investigation
has
not
34
expired.
35
-2-
LSB
1026DP
(4)
89
as/rh
2/
3
S.F.
_____
H.F.
_____
The
bill
amends
Code
section
22.7(5)
to
provide
that
peace
1
officers’
investigative
reports
shall
be
kept
confidential
2
unless
otherwise
ordered
by
a
court,
by
the
lawful
custodian
of
3
the
record,
or
by
another
authorized
person,
or
except
where
4
disclosure
is
authorized
elsewhere
in
the
Code,
and
removes
the
5
reference
to
Code
section
80G.2.
6
The
bill
retains
current
law
allowing
the
release
of
7
the
date,
time,
specific
location,
and
immediate
facts
and
8
circumstances
surrounding
a
crime
or
incident,
and
specifies
9
that
the
“immediate
facts
and
circumstances
surrounding
a
crime
10
or
incident”
include
but
are
not
limited
to:
the
identity
11
of
any
individual
arrested
in
connection
with
the
crime
12
or
incident;
the
identity
of
any
individual
believed
to
be
13
responsible
for
the
crime
or
incident
if
such
disclosure
would
14
not
reasonably
frustrate
attempts
to
apprehend
the
individual;
15
the
identity
of
any
victim
of
the
crime
or
incident,
if
such
16
information
is
not
otherwise
protected
by
law
or
court
order;
17
any
criminal
charges
filed
in
connection
with
the
crime
or
18
incident;
booking
photographs
from
any
arrests
that
occurred
in
19
connection
with
the
crime
or
incident;
a
concise
description
20
of
the
facts
of
the
crime
or
incident
sufficient
to
reveal
the
21
probable
cause
for
any
arrests
that
occurred
in
connection
with
22
the
crime
or
incident;
and
any
contemporaneous
audio
or
video
23
recordings
of
the
crime
or
incident.
24
The
bill
retains
current
law
which
provides
that
specific
25
portions
of
electronic
mail
and
telephone
billing
records
of
26
law
enforcement
agencies
may
be
kept
confidential
if
that
27
information
is
part
of
an
ongoing
investigation
or
if
the
28
length
of
time
prescribed
for
commencement
of
prosecution
29
or
the
finding
of
an
indictment
or
information
under
the
30
statute
of
limitations
applicable
to
the
crime
that
is
under
31
investigation
has
not
expired.
32
-3-
LSB
1026DP
(4)
89
as/rh
3/
3
