SSB 3043

_____ enforcement reports, records, and information under Iowa’s open records law.7(5) provides that peace officers’ investigative reports, certain law enforcement officer privileged records or information, and specific portions of electronic mail and telephone billing records of law enforcement agencies if part of an ongoing investigation are confidential, except where disclosure is authorized elsewhere in the Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential if the length of time prescribed to begin a prosecution or the finding of an indictment or information applicable to the crime investigated has not expired. _____ techniques, procedures, and guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; (6) endanger the life or physical safety of any individual; or (7) disclose the identity of a reporting party maintained by any law enforcement agency or the department of human services relating to the investigation of child abuse, neglect, or abandonment, unless the reporting party consents in writing to the disclosure or the disclosure of the reporting party’s identity is required in any administrative or judicial proceeding. The bill provides that the following information contained in an inactive investigatory record shall not be confidential: (1) the time, date, location, and nature and description of a reported crime, accident, incident, or arrest; (2) the name, sex, age, and address of a person arrested, except as otherwise provided by law; (3) the crime charged; (4) documents given or required by law to be given to the person arrested; and (5) information and indictments except as otherwise provided by law.2 (law enforcement officer privilege) and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, shall be confidential. Specific portions of electronic mail and telephone billing records of law enforcement agencies are subject to the same confidentiality restrictions as provided in current law. The bill defines “investigatory record” as information with respect to an identifiable person or group of persons compiled by a law enforcement agency in the course of conducting an investigation. _____ statute of limitations applicable to the crime that is under investigation has not expired, and an “inactive investigatory record” means the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime has expired. The bill defines “law enforcement agency” as including the office of the attorney general, the Iowa state patrol, or the office of any prosecuting attorney, sheriff, or municipal police department.