Bill Text: IA HF2115 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the privacy of a victim of sexual related crimes.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2014-02-11 - Subcommittee reassigned, Klein, Dawson, and Sands. H.J. 217. [HF2115 Detail]
Download: Iowa-2013-HF2115-Introduced.html
House
File
2115
-
Introduced
HOUSE
FILE
2115
BY
STAED
,
MASCHER
,
M.
SMITH
,
ABDUL-SAMAD
,
BERRY
,
WINCKLER
,
STECKMAN
,
GAINES
,
THEDE
,
ANDERSON
,
WOLFE
,
OURTH
,
and
BEARINGER
A
BILL
FOR
An
Act
relating
to
the
privacy
of
a
victim
of
sexual
related
1
crimes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2115
Section
1.
Section
915.36,
subsections
1
and
2,
Code
2014,
1
are
amended
to
read
as
follows:
2
1.
a.
Prior
to
an
arrest
or
the
filing
of
an
information
3
or
indictment,
whichever
occurs
first,
against
a
person
4
charged
with
a
violation
of
chapter
709
,
section
726.2
,
or
5
section
728.12
,
committed
with
or
on
a
child,
as
defined
in
6
section
702.5
,
the
identity
of
the
child
or
any
information
7
reasonably
likely
to
disclose
the
identity
of
the
child
shall
8
not
be
released
to
the
public
by
any
public
employee
except
as
9
authorized
by
the
court
of
jurisdiction.
10
b.
Prior
to
an
arrest
or
the
filing
of
an
information
or
11
indictment,
whichever
occurs
first,
against
a
person
charged
12
with
a
violation
of
chapter
709,
the
identity
of
the
victim
or
13
any
information
reasonably
likely
to
disclose
the
identity
of
14
the
victim
shall
not
be
released
to
the
public
by
any
public
15
employee
except
as
authorized
by
the
court
of
jurisdiction.
16
2.
In
order
to
protect
the
welfare
of
the
child
or
victim
,
17
the
name
of
the
child
or
victim
and
identifying
biographical
18
information
shall
not
appear
on
the
information
or
indictment
19
or
any
other
public
record.
Instead,
a
nondescriptive
20
designation
shall
appear
on
all
public
records.
The
nonpublic
21
records
containing
the
child’s
or
victim’s
name
and
identifying
22
biographical
information
shall
be
kept
by
the
court.
This
23
subsection
does
not
apply
to
the
release
of
information
to
24
an
accused
or
accused’s
counsel;
however,
the
use
or
release
25
of
this
information
by
the
accused
or
accused’s
counsel
for
26
purposes
other
than
the
preparation
of
defense
constitutes
27
contempt.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
privacy
of
a
victim
of
sexual
32
related
crimes.
33
Under
the
bill,
the
identity
of
any
victim
of
a
criminal
34
offense
committed
under
Code
chapter
709
(sexual
abuse
and
35
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other
sexual
offenses)
shall
not
be
released
to
the
public
by
1
any
public
employee
except
as
authorized
by
the
court
prior
2
to
the
arrest
or
the
filing
of
an
information
or
indictment,
3
whichever
occurs
first.
4
The
bill
also
provides
that
in
order
to
protect
the
5
welfare
of
the
victim,
the
name
of
the
victim
and
identifying
6
biographical
information
shall
not
appear
on
the
information
7
or
indictment
or
any
other
public
record.
The
bill
further
8
specifies
a
nondescriptive
designation
shall
appear
on
all
9
public
records.
10
This
bill
does
not
apply
to
the
release
of
information
to
11
a
defendant
or
a
defendant’s
attorney;
however,
the
use
or
12
release
of
this
information
by
the
defendant
or
defendant’s
13
counsel
for
purposes
other
than
the
preparation
of
defense
14
constitutes
contempt.
15
A
person
who
willfully
violates
the
bill
or
who
willfully
16
neglects
or
refuses
to
obey
a
court
order
made
pursuant
to
this
17
bill
commits
contempt.
18
A
release
of
information
in
violation
of
the
bill
does
not
19
bar
prosecution
or
provide
grounds
for
dismissal
of
criminal
20
charges.
21
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