Bill Text: IA SF445 | 2017-2018 | 87th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to law enforcement including the establishment of a law enforcement officer privilege, criminal sentencing, and local enforcement of certain restrictions, and modifying certain criminal penalties. (Formerly SF 241.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-10 - Signed by Governor. S.J. 1136. [SF445 Detail]
Download: Iowa-2017-SF445-Introduced.html
Bill Title: A bill for an act relating to law enforcement including the establishment of a law enforcement officer privilege, criminal sentencing, and local enforcement of certain restrictions, and modifying certain criminal penalties. (Formerly SF 241.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-10 - Signed by Governor. S.J. 1136. [SF445 Detail]
Download: Iowa-2017-SF445-Introduced.html
Senate File 445 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 241) A BILL FOR 1 An Act relating to law enforcement officers including the 2 establishment of a law enforcement officer privilege and the 3 confidentiality of certain law enforcement officer personnel 4 records. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1540SV (2) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 22.7, subsection 5, Code 2017, is amended 1 2 to read as follows: 1 3 5. Peace officers' investigative reports, privileged 1 4 records or information specified in section 80G.1, and specific 1 5 portions of electronic mail and telephone billing records of 1 6 law enforcement agencies if that information is part of an 1 7 ongoing investigation, except where disclosure is authorized 1 8 elsewhere in this Code. However, the date, time, specific 1 9 location, and immediate facts and circumstances surrounding a 1 10 crime or incident shall not be kept confidential under this 1 11 section, except in those unusual circumstances where disclosure 1 12 would plainly and seriously jeopardize an investigation or pose 1 13 a clear and present danger to the safety of an individual. 1 14 Specific portions of electronic mail and telephone billing 1 15 records may only be kept confidential under this subsection if 1 16 the length of time prescribed for commencement of prosecution 1 17 or the finding of an indictment or information under the 1 18 statute of limitations applicable to the crime that is under 1 19 investigation has not expired. 1 20 Sec. 2. Section 22.7, subsection 11, paragraph a, 1 21 unnumbered paragraph 1, Code 2017, is amended to read as 1 22 follows: 1 23 Personal information in confidential personnel records 1 24 of government bodies relating to identified or identifiable 1 25 individuals who are officials, officers, or employees of the 1 26 government bodies. However, the following information relating 1 27 to such individuals contained in personnel records shall be 1 28 public records, except as otherwise provided in section 80G.3: 1 29 Sec. 3. NEW SECTION. 80G.1 Definitions. 1 30 As used in this section except as the context otherwise 1 31 requires: 1 32 1. "Compensation" means the same as defined in section 22.7, 1 33 subsection 11. 1 34 2. "Law enforcement officer" means the same as "peace 1 35 officer" as defined in section 801.4. 2 1 3. "Undercover law enforcement officer" means a law 2 2 enforcement officer who is actively involved with and assigned 2 3 to investigate alleged violations of state or federal law and 2 4 whose identity as a law enforcement officer is concealed while 2 5 conducting an investigation. 2 6 Sec. 4. NEW SECTION. 80G.2 Law enforcement officer ==== 2 7 privilege ==== confidentiality. 2 8 1. a. A law enforcement officer shall not be examined or 2 9 be required to give evidence in any criminal proceeding that 2 10 requires the disclosure of any records or information relating 2 11 to any of the following: 2 12 (1) Identification documents or other documents necessary 2 13 to conduct a lawful undercover criminal investigation. 2 14 (2) Personal identifying information about the law 2 15 enforcement officer or immediate family member of the law 2 16 enforcement officer, or other information unrelated to the law 2 17 enforcement officer's professional duties which could be used 2 18 to threaten, harm, or intimidate the law enforcement officer 2 19 or immediate family member of the law enforcement officer, 2 20 or other information that could reasonably be construed to 2 21 constitute an unwarranted invasion of privacy of the law 2 22 enforcement officer or immediate family member of the law 2 23 enforcement officer. Personal information that is knowingly 2 24 and voluntarily disclosed by the law enforcement officer or 2 25 immediate family member of the law enforcement officer may be 2 26 redisseminated. 2 27 b. A law enforcement officer who is called to testify shall 2 28 not disclose information that is subject to nondisclosure as a 2 29 result of a court order, statute, contract, or a condition or 2 30 requirement of a grant. 2 31 2. In determining whether nondisclosure of confidential 2 32 or privileged information about a law enforcement officer 2 33 may affect a defendant's right to present a defense, the 2 34 court shall make findings on the record regarding the impact 2 35 of disclosure on the personal safety of the law enforcement 3 1 officer or immediate family member of the law enforcement 3 2 officer if the evidence is disclosed, the probative value 3 3 of the confidential or privileged information about the 3 4 law enforcement officer, the impact of disclosure on public 3 5 safety, the potential for partial or limited disclosure of the 3 6 privileged information, and the defendant's constitutional 3 7 right to present a defense. Any privileged information that is 3 8 admitted for purposes of a pretrial hearing or a preliminary 3 9 admissibility determination shall remain confidential. 3 10 Sec. 5. NEW SECTION. 80G.3 Personnel information ==== 3 11 undercover law enforcement officer ==== confidentiality. 3 12 The name, photograph, compensation and benefit records, time 3 13 records, residential address, or any other personal identifying 3 14 information of an undercover law enforcement officer shall be 3 15 confidential while the undercover law enforcement officer is 3 16 actively involved with or assigned to investigate violations 3 17 of state or federal law. 3 18 EXPLANATION 3 19 The inclusion of this explanation does not constitute agreement with 3 20 the explanation's substance by the members of the general assembly. 3 21 This bill relates to law enforcement officers including the 3 22 establishment of a law enforcement officer privilege and the 3 23 confidentiality of certain law enforcement officer personnel 3 24 records. 3 25 The bill defines a "law enforcement officer" to mean the same 3 26 as peace officer as defined in Code section 801.4. 3 27 Under the bill, a law enforcement officer shall not be 3 28 examined or be required to give evidence in any criminal 3 29 proceeding that requires the disclosure of any records or 3 30 information relating to any of the following: identification 3 31 documents necessary to conduct a lawful undercover criminal 3 32 investigation; or personal identifying information about the 3 33 law enforcement officer or immediate family member of the law 3 34 enforcement officer, or other information unrelated to the law 3 35 enforcement officer's professional duties which could be used 4 1 to threaten, harm, or intimidate the law enforcement officer 4 2 or immediate family member of the law enforcement officer, 4 3 or other information that could reasonably be construed to 4 4 constitute an unwarranted invasion of privacy of the law 4 5 enforcement officer or immediate family member of the law 4 6 enforcement officer. Personal information that is knowingly 4 7 and voluntarily disclosed by the law enforcement officer or 4 8 immediate family member of the law enforcement officer may be 4 9 redisseminated under the bill. The bill also provides that 4 10 a law enforcement officer who is called to testify shall not 4 11 disclose information that is subject to nondisclosure as a 4 12 result of a court order, statute, contract, or a condition or 4 13 requirement of a grant. 4 14 The bill provides that in determining whether nondisclosure 4 15 of confidential or privileged information about a law 4 16 enforcement officer may affect a defendant's right to present a 4 17 defense, the court shall make findings on the record regarding 4 18 the impact of disclosure on the personal safety of the law 4 19 enforcement officer or immediate family member of the law 4 20 enforcement officer if the evidence is disclosed, the probative 4 21 value of the confidential or privileged information about the 4 22 law enforcement officer, the impact of disclosure on public 4 23 safety, the potential for partial or limited disclosure of the 4 24 privileged information, and the defendant's constitutional 4 25 right to present a defense. Any privileged information that is 4 26 admitted for purposes of a pretrial hearing or a preliminary 4 27 admissibility determination shall remain confidential under the 4 28 bill. 4 29 The bill defines "undercover law enforcement officer" to 4 30 mean a law enforcement officer who is actively involved with 4 31 and assigned to investigate alleged violations of state or 4 32 federal law and whose identity as a law enforcement officer is 4 33 concealed while conducting an investigation. 4 34 The bill provides that the name, photograph, compensation 4 35 and benefit records, time records, residential address, or any 5 1 other personal identifying information of an undercover law 5 2 enforcement officer shall be confidential while the undercover 5 3 law enforcement officer is actively involved with or assigned 5 4 to investigate violations of state or federal law. LSB 1540SV (2) 87 jm/rh/rj
