Bill Text: IA HF581 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the confidentiality of search warrant information in a criminal case resulting in an acquittal or a dismissal. (Formerly HF 323.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2017-04-07 - Placed on calendar under unfinished business. S.J. 930. [HF581 Detail]
Download: Iowa-2017-HF581-Introduced.html
House File 581 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 323) A BILL FOR 1 An Act relating to the confidentiality of search warrant 2 information in a criminal case resulting in an acquittal or 3 a dismissal. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1111HV (2) 87 rh/rj PAG LIN 1 1 Section 1. Section 808.13, Code 2017, is amended to read as 1 2 follows: 1 3 808.13 Confidentiality. 1 4 1.AllExcept as otherwise provided in subsection 2, all 1 5 information filed with the court for the purpose of securing 1 6 a warrant for a search, including but not limited to an 1 7 application and affidavits, shall be a confidential record 1 8 until such time as a peace officer has executed the warrant 1 9 and has made return thereon. During the period of time that 1 10 information is confidential it shall be sealed by the court, 1 11 and the information contained therein shall not be disseminated 1 12 to any person other than a peace officer, magistrate, or 1 13 another court employee, in the course of official duties. 1 14 2. a. All information filed with the court for the purpose 1 15 of securing a warrant for a search or seizure of property in 1 16 a criminal case that results in an acquittal or the dismissal 1 17 of all criminal charges, including a dismissal relating to a 1 18 deferred judgment under section 907.9, upon such acquittal or 1 19 dismissal, shall be a confidential record, shall be sealed by 1 20 the court, and shall not be disseminated to any person other 1 21 than a peace officer, county attorney, magistrate, or another 1 22 court employee, in the course of official duties. 1 23 b. This subsection shall only apply to a warrant identifying 1 24 one defendant and not multiple defendants. 1 25 EXPLANATION 1 26 The inclusion of this explanation does not constitute agreement with 1 27 the explanation's substance by the members of the general assembly. 1 28 This bill relates to the confidentiality of search warrant 1 29 information in a criminal case resulting in an acquittal or a 1 30 dismissal. 1 31 Under current law, all information filed with the court for 1 32 the purpose of securing a search warrant is a confidential 1 33 record until a peace officer has executed the warrant and 1 34 has filed a return of service with the court. During the 1 35 confidentiality period, the information shall be sealed by the 2 1 court and the information cannot be disseminated to any person 2 2 other than a peace officer, county attorney, magistrate, or 2 3 another court employee, in the course of official duties. 2 4 The bill provides that all information filed with the court 2 5 for the purpose of securing a warrant for a search or seizure 2 6 of property in a criminal case that results in an acquittal or 2 7 the dismissal of all criminal charges, including a dismissal 2 8 relating to a deferred judgment under Code section 907.9, upon 2 9 such acquittal or dismissal, shall be a confidential record, 2 10 shall be sealed by the court, and shall not be disseminated to 2 11 any person other than a peace officer, magistrate, or another 2 12 court employee, in the course of official duties. The bill 2 13 only applies to a warrant identifying one defendant and not 2 14 multiple defendants. LSB 1111HV (2) 87 rh/rj
