General Assembly: 88 (2020 Regular GA) - Chapter 1094 - Victims of sex offenses — identifying information — confidentiality


Published: 2020-06-25

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CHAPTER 1094 VICTIMS OF SEX OFFENSES — IDENTIFYING INFORMATION — CONFIDENTIALITY

H.F. 2445

AN ACT relating to the privacy of a victim of a sex offense in a criminal or civil proceeding.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 915.36, subsections 1 and 2, Code 2020, are amended to read as follows: 1. Prior to an arrest or the filing of an information or indictment, whichever occurs first,

against a person charged with a violation of chapter 709, section 726.2, or section 728.12, committed with or on a child, as defined in section 702.5 232.2, the identity of the child or any information reasonably likely to disclose the identity of the child shall not be released to the public by any public employee except as authorized by the court of jurisdiction. 2. In order to protect the welfare of the child, the name of the child and identifying

biographical information shall not appear on the information or indictment or any other public record including any civil filings arising from the criminal violation. Instead, a nondescriptive designation shall appear on all public records. The nonpublic records containing the child’s name and identifying biographical information shall be kept by the court. This subsection does not apply to the release of information to an accused a defendant or accused’s defendant’s counsel; however, the use or release of this information by the accused defendant or accused’s defendant’s counsel for purposes other than the preparation of defense constitutes contempt.

Sec. 2. Section 915.36, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION. 5. This section also applies to a child victim of a violation of chapter

709, section 726.2, or section 728.12, after attaining the age of eighteen.

Approved June 25, 2020

Wed Sep 23 09:33:11 2020, v6 1/ 1