Bill Text: IA SF2074 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to public access to audio recordings of enhanced 911 service calls.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-29 - Introduced, referred to State Government. S.J. 151. [SF2074 Detail]
Download: Iowa-2013-SF2074-Introduced.html
Senate
File
2074
-
Introduced
SENATE
FILE
2074
BY
BRASE
A
BILL
FOR
An
Act
relating
to
public
access
to
audio
recordings
of
1
enhanced
911
service
calls.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
22.7,
subsection
5,
Code
2014,
is
amended
1
to
read
as
follows:
2
5.
Peace
officers’
investigative
reports,
and
specific
3
portions
of
electronic
mail
and
telephone
billing
records
of
4
law
enforcement
agencies
if
that
information
is
part
of
an
5
ongoing
investigation,
except
where
disclosure
is
authorized
6
elsewhere
in
this
Code.
However,
the
date,
time,
specific
7
location,
and
immediate
facts
and
circumstances
surrounding
a
8
crime
or
incident
shall
not
be
kept
confidential
under
this
9
section
,
except
in
those
unusual
circumstances
where
disclosure
10
would
plainly
and
seriously
jeopardize
an
investigation
or
pose
11
a
clear
and
present
danger
to
the
safety
of
an
individual.
An
12
audio
recording
of
an
enhanced
911
service
call
received
by
a
13
public
safety
answering
point,
as
defined
in
section
34A.2,
14
that
conveys
the
date,
time,
specific
location,
or
immediate
15
facts
or
circumstances
surrounding
a
crime
or
incident,
and
16
is
otherwise
not
considered
confidential
under
this
section,
17
shall
be
kept
confidential
but
a
written
transcript
of
the
18
audio
recording
shall
not
be
kept
confidential.
To
the
extent
19
that
an
enhanced
911
service
call
audio
recording
may
convey
20
the
date,
time,
specific
location,
and
immediate
facts
and
21
circumstances
surrounding
a
crime
or
incident,
and
otherwise
be
22
considered
not
confidential
under
this
section,
only
a
written
23
transcript
of
the
audio
recording
shall
be
considered
a
public
24
record.
Specific
portions
of
electronic
mail
and
telephone
25
billing
records
may
only
be
kept
confidential
under
this
26
subsection
if
the
length
of
time
prescribed
for
commencement
27
of
prosecution
or
the
finding
of
an
indictment
or
information
28
under
the
statute
of
limitations
applicable
to
the
crime
that
29
is
under
investigation
has
not
expired.
30
Sec.
2.
Section
22.7,
subsection
18,
paragraph
c,
Code
2014,
31
is
amended
to
read
as
follows:
32
c.
Information
contained
in
the
communication
is
a
public
33
record
to
the
extent
that
it
indicates
the
date,
time,
specific
34
location,
and
immediate
facts
and
circumstances
surrounding
35
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the
occurrence
of
a
crime
or
other
illegal
act,
except
to
1
the
extent
that
its
disclosure
would
plainly
and
seriously
2
jeopardize
a
continuing
investigation
or
pose
a
clear
and
3
present
danger
to
the
safety
of
any
person.
An
audio
recording
4
of
an
enhanced
911
service
call
received
by
a
public
safety
5
answering
point,
as
defined
in
section
34A.2,
that
conveys
6
the
date,
time,
specific
location,
or
immediate
facts
or
7
circumstances
surrounding
a
crime
or
incident,
and
is
otherwise
8
not
considered
confidential
under
this
section,
shall
be
kept
9
confidential
but
a
written
transcript
of
the
audio
recording
10
shall
not
be
kept
confidential.
To
the
extent
that
an
enhanced
11
911
service
call
audio
recording
may
convey
the
date,
time,
12
specific
location,
and
immediate
facts
and
circumstances
13
surrounding
a
crime
or
other
illegal
act,
and
otherwise
be
14
considered
not
confidential
under
this
section,
only
a
written
15
transcript
of
the
audio
recording
shall
be
considered
a
public
16
record.
In
any
action
challenging
the
failure
of
the
lawful
17
custodian
to
disclose
any
particular
information
of
the
kind
18
enumerated
in
this
paragraph,
the
burden
of
proof
is
on
the
19
lawful
custodian
to
demonstrate
that
the
disclosure
of
that
20
information
would
jeopardize
such
an
investigation
or
would
21
pose
such
a
clear
and
present
danger.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
provisions
currently
contained
in
Code
26
section
22.7,
dealing
with
confidential
public
records.
27
Code
section
22.7,
subsection
5,
provides
that
peace
28
officers’
investigative
reports,
and
specific
portions
29
of
electronic
mail
and
telephone
billing
records
of
law
30
enforcement
agencies
are
to
be
regarded
as
confidential
if
31
that
information
is
part
of
an
ongoing
investigation
unless
32
disclosure
is
authorized
elsewhere
in
the
Code.
There
is
33
an
exception
providing
for
public
access
to
the
disclosure
34
of
the
date,
time,
specific
location,
and
immediate
facts
35
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and
circumstances
surrounding
a
crime
or
incident
except
1
where
disclosure
would
plainly
and
seriously
jeopardize
an
2
investigation
or
pose
a
clear
and
present
danger
to
the
safety
3
of
an
individual.
4
Similarly,
Code
section
22.7,
subsection
18,
confers
5
confidential
status
on
communications
not
required
by
law,
6
rule,
procedure,
or
contract
made
to
a
government
body
or
7
to
any
of
its
employees
by
identified
persons
outside
of
8
government,
to
the
extent
that
the
government
body
receiving
9
those
communications
from
such
persons
outside
of
government
10
could
reasonably
believe
that
those
persons
would
be
11
discouraged
from
making
them
to
that
government
body
if
they
12
were
available
for
general
public
examination.
Exceptions
13
providing
for
public
access
include
information
conveying
14
the
date,
time,
specific
location,
and
immediate
facts
and
15
circumstances
surrounding
the
occurrence
of
a
crime
or
other
16
illegal
act,
except
to
the
extent
that
its
disclosure
would
17
plainly
and
seriously
jeopardize
a
continuing
investigation
or
18
pose
a
clear
and
present
danger
to
the
safety
of
any
person.
19
In
both
instances,
the
bill
provides
that
an
enhanced
911
20
audio
recording
received
by
a
public
safety
answering
point,
21
as
defined
in
Code
section
34A.2,
that
conveys
the
date,
22
time,
specific
location,
or
immediate
facts
or
circumstances
23
surrounding
a
crime
or
incident,
and
is
otherwise
not
24
considered
confidential,
shall
be
kept
confidential
but
a
25
written
transcript
of
the
audio
recording
shall
not
be
kept
26
confidential.
27
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