General Assembly: 83 (2009 Regular GA) - Chapter 24 - Public safety and law enforcement practices and procedures


Published: 2009-03-25

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47 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 24

CH. 24CH. 24

CHAPTER 24 PUBLIC SAFETY AND LAW ENFORCEMENT PRACTICES

AND PROCEDURES

S.F. 209

ANACT relating to the practices and procedures of the department of public safety and other law enforcement agencies, including building inspections, controlled substance detection training, and criminal history data storage.

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

Section 1. Section 103A.10A, subsections 1 and 2, Code 2009, are amended to read as fol- lows: 1. All newly constructed buildings or structures subject to the state building code, including

any addition, but excluding any renovation or repair of such a building or structure, owned by the state or an agency of the state, except as provided in subsection 2, shall be subject to a plan review and inspection by the commissioner or an independent building inspector appointed by the commissioner. Any renovation or repair of such a building or structure shall be subject to a plan review, except as provided in subsection 2. A fee shall be assessed for the cost of plan review, and, if applicable, the cost of inspection. The commissioner may inspect an existing building that is undergoing renovation or remodeling to enforce the energy conservation re- quirements established under this chapter. 2. All newly constructed buildings, including any addition, but excluding any renovation or

repair of a building, owned by the state board of regents shall be subject to a plan review and inspection by the commissioner or the commissioner’s staff or assistant. A renovation of a building owned by the state board of regents shall be subject to a plan review. The commis- sionermay inspect an existingbuilding that is undergoing renovationor remodeling toenforce the energy conservation requirements established under this chapter. The commissioner and the state board of regents shall develop a plan to implement this provision.

Sec. 2. Section 124.506, subsection 1, Code 2009, is amended to read as follows: 1. Except as otherwise provided in this section, the court having jurisdiction shall order

such controlled substances forfeited anddestroyed. A record of the placewhere the controlled substanceswere seized, of the kinds and quantities of controlled substances so destroyed, and of the time, place, and manner of destruction, shall be kept for not less than ten years after destruction, and a return under oath, reporting said destruction, shall bemade to the court and to the bureau by the officer who destroys them.

Sec. 3. Section 124.506, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 2A. Upon a request of any law enforcement agency, the courtmay or-

der that a portion of a controlled substance subject to forfeiture and destruction pursuant to this sectionbecomes thepossession of the requesting lawenforcement agency for the sole pur- pose of canine controlled substance detection training. A law enforcement agency receiving a controlled substance pursuant to this subsection shall do the following: a. Establish a policy that includes reasonable controls regarding the possession, storage,

use, and destruction of the controlled substance. b. Retain a record of the following for at least ten years from the date the controlled sub-

stance is destroyed: (1) The court order granting the law enforcement agency possession of the controlled sub-

stance. (2) The name of each peace officer who takes possession of the controlled substance. (3) The time, place, and manner of the destruction of the controlled substance.

48LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 24

Sec. 4. Section 692.17, Code 2009, is amended to read as follows: 692.17 EXCLUSIONS — PURPOSES. 1. Criminal history data in a computer data storage system shall not include arrest or dis-

positiondataor custodyor adjudicationdata after thepersonhasbeenacquittedor the charges dismissed, except that records of acquittals or dismissals by reason of insanity and records of adjudications ofmental incompetence to stand trial in cases inwhich physical ormental injury or an attempt to commit physical or mental injury to another was alleged may be included. Criminal history data shall not include custody or adjudication data, except as necessary for the purpose of administering chapter 692A, after the juvenile has reached twenty-one years of age, unless the juvenile was convicted of or pled guilty to a serious or aggravated misde- meanor or felony between age eighteen and age twenty-one. 2. For the purposes of this section, “criminal history data” includes the following: 1. a. In the case of an adult, information maintained by any criminal justice agency if the

information otherwise meets the definition of criminal history data in section 692.1, except that source documents shall be retained. 2. b. In the case of a juvenile, information maintained by any criminal or juvenile justice

agency if the information otherwise meets the definition of criminal history data in section 692.1. In the case of a juvenile, criminal history data and source documents, other than finger- print records, shall not be retained. 3. Fingerprint cards received that are used to establish a criminal history data record shall

be retained in the automated fingerprint identification system when the criminal history data record is expunged. 4. Criminal history data may be collected for management or research purposes.

Approved March 25, 2009

_________________________

CH. 25CH. 25

CHAPTER 25 PSEUDOEPHEDRINE PRODUCT SALES

S.F. 237

ANACT relating topseudoephedrineproduct sales bypharmacies and retailers, andproviding penalties and contingent applicability.

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

Section 1. Section 124.101, Code 2009, is amended by adding the following new subsec- tion: NEW SUBSECTION. 20A. “Office” means the governor’s office of drug control policy, as

referred to in section 80E.1.

Sec. 2. Section 124.212, subsection 4, paragraph c, Code 2009, is amended to read as fol- lows: c. Pseudoephedrine. A person shall present a government-issued photo identification card

when purchasing a pseudoephedrine product from a pharmacy. A person shall not purchase more than seven thousand five hundred milligrams of pseudoephedrine, either separately or collectively, within a thirty-day period a quantity of pseudoephedrine in violation of section