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
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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