Bill Text: IA HF2301 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act restricting the sale of information or data relating to a deferred judgment and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-18 - Introduced, referred to Judiciary. H.J. 268. [HF2301 Detail]

Download: Iowa-2013-HF2301-Introduced.html
House File 2301 - Introduced HOUSE FILE 2301 BY HALL A BILL FOR An Act restricting the sale of information or data relating to 1 a deferred judgment and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5102YH (2) 85 jm/rj
H.F. 2301 Section 1. NEW SECTION . 602.1615 Dissemination of 1 information or data related to a deferred judgment. 2 1. As used in this section, “information or data” means 3 information or data contained within the Iowa court information 4 system or criminal history data as defined in section 692.1 5 contained within the computer data storage system of the 6 department of public safety or a criminal or juvenile justice 7 agency. 8 2. A person who purchases information or data and offers 9 such information or data for sale, shall not sell the 10 information or data relating to a deferred judgment even if the 11 official notification of the successful completion of probation 12 following a deferred judgment has not occurred as of the date 13 of the purchase. 14 3. The person who purchases the information or data shall 15 bear the burden of determining if a case is related to a 16 deferred judgment. If the person is unable to determine if a 17 case is related to a deferred judgment the information or data 18 shall not be sold or disseminated by the person until such a 19 determination is made. 20 4. A person who violates this section shall pay a five 21 hundred dollar civil penalty for each violation payable to the 22 clerk of the district court for deposit in the general fund of 23 the state pursuant to section 602.8108. 24 5. This section shall not apply to a law enforcement agency, 25 the judicial branch, or any other entity authorized by law to 26 disseminate information related to a deferred judgment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the sale of information or data related 31 to a deferred judgment. 32 The bill defines “information or data” to mean information 33 or data contained within the Iowa court information system 34 or criminal history data contained within the computer data 35 -1- LSB 5102YH (2) 85 jm/rj 1/ 2
H.F. 2301 storage system of the department of public safety or a criminal 1 or juvenile justice agency. 2 The bill prohibits a person, who purchases information 3 or data, from selling the information or data relating to 4 a deferred judgment even if the official notification of 5 the successful completion of probation following a deferred 6 judgment has not occurred as of the date of the purchase. 7 The bill places the burden on the person who purchases the 8 information or data to determine if a case is related to a 9 deferred judgment. If the person is unable to determine a 10 case is related to a deferred judgment, the bill prohibits the 11 information or data from being sold or disseminated by the 12 person until such a determination is made. 13 A person who violates the bill is subject to a $500 civil 14 penalty for each violation payable to the clerk of the district 15 court for deposit into the general fund of the state pursuant 16 to Code section 602.8108. 17 The bill does not apply to a law enforcement agency, the 18 judicial branch, or any other entity authorized by law to 19 disseminate information related to a deferred judgment. 20 -2- LSB 5102YH (2) 85 jm/rj 2/ 2
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