Bill Text: IA SSB3088 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A study bill for an act relating to the confidentiality of certain law enforcement record information.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-17 - Voted - State Government. [SSB3088 Detail]

Download: Iowa-2015-SSB3088-Introduced.html
Senate Study Bill 3088 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) A BILL FOR An Act relating to the confidentiality of certain law 1 enforcement record information. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5218XD (7) 86 rh/rj
S.F. _____ H.F. _____ Section 1. Section 22.7, subsection 5, Code 2016, is amended 1 to read as follows: 2 5. a. Peace officers’ investigative reports, and Except 3 where disclosure is authorized elsewhere in this Code, 4 specific portions of information contained in peace officers’ 5 investigative reports and in electronic mail and telephone 6 billing records of law enforcement agencies if that , under all 7 of the following circumstances: 8 (1) The information sought is part of an ongoing 9 investigation , except where disclosure is authorized elsewhere 10 in this Code where disclosure would plainly and seriously 11 jeopardize the ongoing investigation or pose a clear and 12 present danger to the safety of an individual . 13 (2) The length of time prescribed for the commencement of 14 prosecution or the finding of an indictment or information 15 under the statute of limitations applicable to the crime that 16 is under investigation has not expired. 17 b. However, the The date, time, specific location, and 18 immediate facts and circumstances surrounding a crime or 19 incident shall not be kept confidential under this section , 20 except in those unusual circumstances where disclosure of that 21 information alone would plainly and seriously jeopardize an 22 ongoing investigation or pose a clear and present danger to the 23 safety of an individual. Specific portions of electronic mail 24 and telephone billing records may only be kept confidential 25 under this subsection if the length of time prescribed for 26 commencement of prosecution or the finding of an indictment or 27 information under the statute of limitations applicable to the 28 crime that is under investigation has not expired. 29 c. This section shall not be construed to affect the 30 confidentiality and disclosure provisions of section 9E.7. 31 Sec. 2. INTERIM STUDY —— LAW ENFORCEMENT BODY CAMERA VIDEO 32 AND AUDIO RECORDINGS. The legislative council is requested to 33 establish an interim committee, composed of legislator members 34 of both political parties from both houses of the general 35 -1- LSB 5218XD (7) 86 rh/rj 1/ 3
S.F. _____ H.F. _____ assembly, to meet during the 2016 interim to discuss issues 1 relating to the use, storage, retention, public inspection, and 2 confidentiality of law enforcement body camera video and audio 3 recordings. The committee is directed to submit its findings 4 and recommendations in a report to the general assembly by 5 December 15, 2016. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the confidentiality of certain law 10 enforcement record information. 11 The bill requires that specific information contained in 12 peace officers’ investigative reports and in electronic mail 13 and telephone billing records of law enforcement agencies 14 be kept confidential if the information sought is part of 15 an ongoing investigation where disclosure would plainly and 16 seriously jeopardize the ongoing investigation or pose a clear 17 and present danger to an individual’s safety; and when the 18 length of time prescribed for the commencement of prosecution 19 or the finding of an indictment or information under the 20 statute of limitations applicable to the crime that is under 21 investigation has not yet expired. Disclosure of certain 22 information surrounding a crime or incident may be allowed 23 except where disclosure of that information alone would plainly 24 and seriously jeopardize an ongoing investigation or pose a 25 clear and present danger to an individual’s safety. The bill 26 does not affect the confidentiality and disclosure provisions 27 of the address confidentiality program in Code section 9E.7. 28 The bill requests the legislative council to establish 29 an interim committee, composed of legislator members of 30 both political parties from both houses of the general 31 assembly, to meet during the 2016 interim to discuss issues 32 relating to the storage, retention, public inspection, and 33 confidentiality of law enforcement body camera video and audio 34 recordings. The committee is directed to submit its findings 35 -2- LSB 5218XD (7) 86 rh/rj 2/ 3
S.F. _____ H.F. _____ and recommendations in a report to the general assembly by 1 December 15, 2016. 2 -3- LSB 5218XD (7) 86 rh/rj 3/ 3
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