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