Bill Text: IA SF445 | 2017-2018 | 87th General Assembly | Amended
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-Amended.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-Amended.html
Senate File 445 - Reprinted SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 241) (As Amended and Passed by the Senate March 15, 2017) 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: SF 445 (4) 87 jm/rh/rj/jh 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.2, 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 2 4 and whose identity as a law enforcement officer is concealed 2 5 while conducting an investigation. "Undercover law enforcement 2 6 officer" includes a law enforcement officer actively engaged 2 7 in undercover law enforcement work whose assignment requires 2 8 the law enforcement officer to work incognito, or in a 2 9 situation in which the true identity of the law enforcement 2 10 officer is intentionally hidden from others. "Undercover law 2 11 enforcement officer" does not include a law enforcement officer 2 12 participating in undercover law enforcement work that is merely 2 13 incidental or ancillary to the law enforcement officer's 2 14 assigned duties. 2 15 Sec. 4. NEW SECTION. 80G.2 Law enforcement officer ==== 2 16 privilege ==== confidentiality. 2 17 1. a. A law enforcement officer shall not be examined or 2 18 be required to give evidence in any criminal proceeding that 2 19 requires the disclosure of any records or information relating 2 20 to any of the following: 2 21 (1) Identification documents or other documents necessary 2 22 to conduct a lawful undercover criminal investigation. 2 23 (2) Personal identifying information about the law 2 24 enforcement officer or immediate family member of the law 2 25 enforcement officer, or other information unrelated to the law 2 26 enforcement officer's professional duties which could be used 2 27 to threaten, harm, or intimidate the law enforcement officer 2 28 or immediate family member of the law enforcement officer, 2 29 or other information that could reasonably be construed to 2 30 constitute an unwarranted invasion of privacy of the law 2 31 enforcement officer or immediate family member of the law 2 32 enforcement officer. Personal information that is knowingly 2 33 and voluntarily disclosed by the law enforcement officer or 2 34 immediate family member of the law enforcement officer may be 2 35 redisseminated. 3 1 b. A law enforcement officer who is called to testify shall 3 2 not disclose information that is subject to nondisclosure as a 3 3 result of a court order, statute, contract, or a condition or 3 4 requirement of a grant. 3 5 2. In determining whether nondisclosure of confidential 3 6 or privileged information about a law enforcement officer 3 7 may affect a defendant's right to present a defense, the 3 8 court shall make findings on the record regarding the impact 3 9 of disclosure on the personal safety of the law enforcement 3 10 officer or immediate family member of the law enforcement 3 11 officer if the evidence is disclosed, the probative value 3 12 of the confidential or privileged information about the 3 13 law enforcement officer, the impact of disclosure on public 3 14 safety, the potential for partial or limited disclosure of the 3 15 privileged information, and the defendant's constitutional 3 16 right to present a defense. Any privileged information that is 3 17 admitted for purposes of a pretrial hearing or a preliminary 3 18 admissibility determination shall remain confidential. 3 19 Sec. 5. NEW SECTION. 80G.3 Personnel information ==== 3 20 undercover law enforcement officer ==== confidentiality. 3 21 The name, photograph, compensation and benefit records, time 3 22 records, residential address, or any other personal identifying 3 23 information of an undercover law enforcement officer shall be 3 24 confidential while the undercover law enforcement officer is 3 25 actively involved with or assigned to investigate violations 3 26 of state or federal law. 3 27 Sec. 6. NEW SECTION. 80G.4 Court determination. 3 28 Factual disputes relating to who is an undercover law 3 29 enforcement officer or what work constitutes undercover law 3 30 enforcement work shall be determined by the district court. SF 445 (4) 87 jm/rh/rj/jh
