Bill Text: IA HSB613 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the confidentiality of information filed with the court to secure an arrest warrant.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-18 - Committee report, recommending amendment and passage. H.J. 298. [HSB613 Detail]

Download: Iowa-2019-HSB613-Introduced.html
House Study Bill 613 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED STATE PUBLIC DEFENDER BILL) A BILL FOR An Act relating to the confidentiality of information filed 1 with the court to secure an arrest warrant. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5373XD (1) 88 hf/rh
S.F. _____ H.F. _____ Section 1. Section 804.29, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. However, during the period of confidentiality 3 in subsection 1 , the information in the record may be 4 disseminated, without court order, during the course of 5 official duties to the following persons unless access to such 6 information is expressly denied by court order : 7 a. A peace officer, or any other employee of a law 8 enforcement agency if allowed access pursuant to section 692.14 9 and if authorized in writing by the head of the agency. 10 b. An employee of the county attorney’s office. 11 c. A judicial officer or other court employees. 12 d. An employee of the department of corrections or judicial 13 district department of correctional services, if authorized by 14 the director of the department of corrections. 15 e. A court-appointed attorney in a specific case where an 16 arrest warrant has been issued but not served, provided the 17 defendant is in custody. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the confidentiality of information 22 filed with the court used to secure an arrest warrant. Current 23 law specifies that information filed with the court used to 24 secure an arrest warrant shall be confidential until a peace 25 officer has made the arrest and has made the officer’s return 26 on the warrant, or the defendant has made an initial appearance 27 in court, unless otherwise ordered by the court. During the 28 period of confidentiality, the information in the record may be 29 disseminated, without court order, to certain listed persons 30 during the course of their official duties. The bill provides 31 that, during the confidentiality period, access to such 32 information can be expressly restricted by court order. The 33 bill includes an attorney appointed by the court to represent 34 the defendant in a specific case where an arrest warrant has 35 -1- LSB 5373XD (1) 88 hf/rh 1/ 2
S.F. _____ H.F. _____ been issued but not served, if the defendant is in custody, to 1 the list of persons to whom information filed with the court 2 for the purpose of securing a warrant for an arrest may be 3 disseminated during the confidentiality period. 4 -2- LSB 5373XD (1) 88 hf/rh 2/ 2
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