General Assembly: 80 (2003 Regular GA) - Chapter 14 - Dissemination of intelligence data and intelligence assessments


Published: 2003-04-09

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18LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 13

CH. 13CH. 13

CHAPTER 13

SCHOOL FINANCE — USE OF PHYSICAL PLANT AND EQUIPMENT LEVY MONEYS

H.F. 175

AN ACT relating to the use of physical plant and equipment levy revenue, and providing an effective date.

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

Section 1. Section 298.3, subsections 3 and 10, Code 2003, are amended to read as follows: 3. The purchase of buildings and the purchase, lease, or lease-purchase of a single unit of

equipment or technology exceeding five hundred dollars in value per unit. 10. Lease-purchase The purchase of buildings or lease-purchase option agreements for

school buildings and for equipment exceeding in value five thousand dollars per single unit.

Sec. 2. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 9, 2003

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CH. 14CH. 14

CHAPTER 14

DISSEMINATION OF INTELLIGENCE DATA AND INTELLIGENCE ASSESSMENTS

H.F. 216

ANACT relating to intelligence data and intelligence assessment dissemination to an agency, organization, or person, and providing an effective date.

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

Section 1. Section 692.1, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 12A. “Intelligence assessment” means an analysis of information

based in whole or in part upon intelligence data.

Sec. 2. Section 692.8, unnumbered paragraph 2, Code 2003, is amended to read as follows: Intelligence data in the files of the department may be disseminated only to a peace officer,

criminal or juvenile justice agency, or state or federal regulatory agency, andonly if thedepart- ment is satisfied that the need to know and the intended use are reasonable. However, intelli- gencedatamayalsobedisseminated toan agency, organization, or personwhendisseminated for an official purpose, and in order to protect a person or property from a threat of imminent seriousharm. Whenever intelligencedata relating to adefendant or juvenilewho is the subject of a petition under section 232.35 for the purpose of sentencing or adjudication has been pro- vided a court, the court shall inform the defendant or juvenile or the defendant’s or juvenile’s attorney that it is in possessionof suchdata and shall, upon request of thedefendant or juvenile or the defendant’s or juvenile’s attorney, permit examination of such data.

19 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 14

Sec. 3. Section 692.8A, Code 2003, is amended to read as follows: 692.8A REDISSEMINATION DISSEMINATION OF INTELLIGENCE DATA. 1. A criminal or juvenile justice agency, state or federal regulatory agency, or a peace officer

shall not disseminate intelligence data, which has been received from the department or bu- reau or from any other source, outside the agency or the peace officer’s agency unless all of the following apply: 1. a. The intelligence data is for official purposes in connection with prescribed duties of

a criminal or juvenile justice agency. 2. b. The agency maintains a list of the agencies, organizations, or persons receiving the

intelligence data and the date and purpose of the dissemination. 3. c. The request for intelligence data is based upon name, fingerprints, or other individual-

ly identified characteristics The agency disseminating the intelligence data is satisfied that the need to know and the intended use are reasonable. 2. Notwithstanding subsection 1, a criminal or juvenile justice agency, state or federal regu-

latory agency, or peace officer may disseminate intelligence data to an agency, organization, or person when disseminated for an official purpose, and in order to protect a person or prop- erty from a threat of imminent serious harm, and if the dissemination complies with para- graphs “b” and “c” of subsection 1. 3. An agency, organization, or person receiving intelligence data froma criminal or juvenile

justice agency, state or federal regulatory agency, or a peace officer pursuant to this chapter may only redisseminate the intelligence data if authorized by the agency or peace officer pro- viding the data. A criminal or juvenile justice agency, state or federal regulatory agency, or a peace officer who disseminates intelligence data pursuant to this chapter may limit the type of data released in order to protect the intelligence methods and sources used to gather the data, and may also place restrictions on the redissemination by the agency, organization, or person receiving the intelligence data. An agency, organization, or person receiving intelli- gence data is also subject to the provisions of this chapter and shall comply with any adminis- trative rules adopted pursuant to this chapter. 4. This section shall not be construed toprohibit the dissemination of an intelligence assess-

ment to any agency or organization if necessary for carrying out the official duties of the agency or organization, or to a person if disseminated for an official purpose, and if necessary to protect a person or property from a threat of imminent serious harm.

Sec. 4. Section 692.18, unnumbered paragraph 2, Code 2003, is amended to read as fol- lows: Intelligence data in the possession of the department or bureau, a criminal or juvenile justice

agency, state or federal regulatory agency, or peace officer or disseminated by the department or bureau such agency or peace officer, are not public recordswithin the provisions of chapter 22.

Sec. 5. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 9, 2003