CHAPTER 692 CRIMINAL HISTORY AND INTELLIGENCE DATA
692.1 DEFINITIONS OF WORDS AND PHRASES.
692.2 DISSEMINATION OF CRIMINAL HISTORY DATA -- FEES.
692.2A CRIMINAL HISTORY DATA CHECK PREPAYMENT FUND.
692.3 REDISSEMINATION OF ARREST DATA AND OTHER INFORMATION.
692.4 STATISTICS.
692.5 RIGHT OF NOTICE, ACCESS AND CHALLENGE.
692.6 CIVIL REMEDY.
692.7 CRIMINAL PENALTIES.
692.8 INTELLIGENCE DATA.
692.8A DISSEMINATION OF INTELLIGENCE DATA.
692.9 SURVEILLANCE DATA PROHIBITED.
692.10 RULES.
692.11 EDUCATION PROGRAM.
692.12 DATA PROCESSING.
692.13 REVIEW.
692.14 SYSTEMS FOR THE EXCHANGE OF CRIMINAL HISTORY DATA.
692.15 REPORTS TO DEPARTMENT.
692.16 REVIEW AND REMOVAL.
692.17 EXCLUSIONS -- PURPOSES.
692.18 PUBLIC RECORDS.
692.19 CONFIDENTIAL RECORDS -- COMMISSIONER'S RESPONSIBILITY.
692.20 MOTOR VEHICLE OPERATOR'S RECORD EXEMPT.
692.21 DATA TO AGENCY MAKING ARREST OR TAKING JUVENILE INTO CUSTODY.
692.22 STALKING INFORMATION.



        

692.1 DEFINITIONS OF WORDS AND PHRASES. As used in this chapter, unless the context otherwise requires: 1. "Adjudication data" means information that an adjudication of delinquency for an act which would be a serious or aggravated misdemeanor or felony if committed by an adult was entered against a juvenile and includes the date and location of the delinquent act and the place and court of adjudication. 2. "Arrest data" means information pertaining to an arrest for a public offense and includes the charge, date, time and place. Arrest data includes arrest warrants for all public offenses outstanding and not served and includes the filing of charges, by preliminary information when filed by a peace officer or law enforcement officer or indictment, the date and place of alleged commission and county of jurisdiction. 3. "Conviction data" means information that a person was convicted of or entered a plea of guilty to a public offense and includes the date and location of commission and place and court of conviction. 4. "Correctional data" means information pertaining to the status, location, and activities of persons under the supervision of the county sheriff, the Iowa department of corrections, the board of parole, or any other state or local agency performing the same or similar function, but does not include investigative, sociological, psychological, economic, or other subjective information maintained by the Iowa department of corrections or board of parole. 5. "Criminal history data" means any or all of the following information maintained by the department or division in a manual or automated data storage system and individually identified: a. Arrest data. b. Conviction data. c. Disposition data. d. Correctional data. e. Adjudication data. f. Custody data. 6. "Criminal investigative data" means information collected in the course of an investigation where there are reasonable grounds to suspect that specific criminal acts have been committed by a person. 7. "Criminal or juvenile justice agency" means an agency or department of any level of government or an entity wholly owned, financed, or controlled by one or more such agencies or departments which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal or juvenile offenders. 8. "Custody data" means information pertaining to the taking into custody, pursuant to section 232.19, of a juvenile for a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, and includes the date, time, place, and facts and circumstances of the delinquent act. Custody data includes warrants for the taking into custody for all delinquent acts outstanding and not served and includes the filing of a petition pursuant to section 232.35, the date and place of the alleged delinquent act, and the county of jurisdiction. 9. "Department" means the department of public safety. 10. "Disposition data" means information pertaining to a recorded court proceeding subsequent and incidental to a public offense arrest and includes dismissal of the charge, suspension or deferral of sentence. 11. "Division" means the department of public safety, division of criminal investigation. 12. "Individually identified" means criminal history data which relates to a specific person by one or more of the following means of identification: a. Name and alias, if any. b. Social security number. c. Fingerprints. d. Other index cross-referenced to paragraph "a", "b", or "c". e. Other individually identifying characteristics. 13. "Intelligence assessment" means an analysis of information based in whole or in part upon intelligence data. 14. "Intelligence data" means information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity. 15. "Public offense" as used in subsections 2, 3, and 10 does not include nonindictable offenses under either chapter 321 or local traffic ordinances. 16. "Surveillance data" means information on individuals, pertaining to participation in organizations, groups, meetings or assemblies, where there are no reasonable grounds to suspect involvement or participation in criminal activity by any person.

         Section History: Early Form

         [C75, 77, § 749B.1; C79, 81, § 692.1; 81 Acts, ch 38, § 2, 3] 

         Section History: Recent Form

         83 Acts, ch 96, § 117, 159; 83 Acts, ch 113, § 1; 95 Acts, ch 191,
      § 28--31; 97 Acts, ch 126, §46; 2003 Acts, ch 14, §1, 5; 2005 Acts,
      ch 35, §31; 2006 Acts, ch 1034, §2
         Referred to in § 80.9B, 81.8, 81.10, 236.9, 692.17, 692.22
        

692.2 DISSEMINATION OF CRIMINAL HISTORY DATA -- FEES. 1. The department may provide copies or communicate information from criminal history data to the following: a. Criminal or juvenile justice agencies. b. A person or public or private agency, upon written application on a form approved by the commissioner of public safety and provided by the department to law enforcement agencies, subject to the following restrictions: (1) A request for criminal history data must be submitted in writing by mail or as otherwise provided by rule. However, the department shall accept a request presented in person if it is from an individual or an individual's attorney and requests the individual's personal criminal history data. (2) The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required. (3) Criminal history data that does not contain any disposition data after eighteen months from the date of arrest may only be disseminated by the department to criminal or juvenile justice agencies, to the person who is the subject of the criminal history data or the person's attorney, or to a person requesting the criminal history data with a signed release from the person who is the subject of the criminal history data authorizing the requesting person access to criminal history data. (4) Upon receipt of official notification of the successful completion of probation following a deferred judgment, criminal history data regarding the person who successfully completed the probation shall only be disseminated by the department to a criminal or juvenile justice agency, to the person who is the subject of the criminal history data or the person's attorney, or to another person with a signed release from the person who is the subject of the criminal history data authorizing the requesting person access to the criminal history data. (5) Any release of criminal history data by the department shall prominently display the statement: "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT". (6) Records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental injury or an attempt to commit physical or mental injury to another was alleged shall not be disseminated to persons or agencies other than criminal or juvenile justice agencies or persons employed in or by those agencies. 2. Requests for criminal history data from criminal or juvenile justice agencies shall take precedence over all other requests. 3. A person who requests criminal history data shall not be liable for damages to the person whose criminal history data is requested for actions the person requesting the information may reasonably take in reliance on the accuracy and completeness of the criminal history data received from the department if all of the following are true: a. The person requesting the criminal history data in good faith believes the criminal history data to be accurate and complete. b. The person requesting the criminal history data has complied with the requirements of this chapter. c. The identifying information submitted to the department by the person requesting the criminal history data is accurate regarding the person whose criminal history data is sought. 4. Unless otherwise provided by law, access under this section to criminal history data by a person or public or private agency does not create a duty upon a person, or employer, member, or volunteer of a public or private agency to examine the criminal history data of an applicant, employee, or volunteer. 5. A person other than the department of public safety shall not disseminate criminal history data maintained by the department to persons who are not criminal or juvenile justice agencies. 6. The department may charge a fee to any nonlaw- enforcement person or agency to conduct criminal history data checks. Notwithstanding any other limitation, the department may use revenues generated from the fee to administer this section and other sections of the Code providing access to criminal history data and to employ personnel to process criminal history data checks. However, the fee for conducting a criminal history data check for a person seeking release of a certified copy of the person's own criminal history data to a potential employer, if that employer requests the release in writing, shall not be paid by the person but shall be paid by the employer.

         Section History: Early Form

         [C75, 77, § 749B.2; C79, 81, § 692.2; 82 Acts, ch 1120, § 1] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 83 Acts, ch 113, § 2, 3; 84 Acts, ch
      1061, § 1; 84 Acts, ch 1265, § 6; 85 Acts, ch 33, § 124; 86 Acts, ch
      1245, § 1605, 1606; 87 Acts, ch 59, § 1; 88 Acts, ch 1249, § 19; 88
      Acts, ch 1252, § 3; 89 Acts, ch 10, § 1, 2; 89 Acts, ch 283, § 32; 90
      Acts, ch 1248, § 3; 90 Acts, ch 1249, § 19; 91 Acts, ch 138, §9; 93
      Acts, ch 53, §8; 93 Acts, ch 115, §4; 94 Acts, ch 1130, §16, 17; 95
      Acts, ch 191, § 32--34; 96 Acts, ch 1150, § 3, 4; 98 Acts, ch 1021,
      §1
         Referred to in § 155A.40, 523A.501, 523A.502, 692.2A, 692.3,
      692.20
        

692.2A CRIMINAL HISTORY DATA CHECK PREPAYMENT FUND. 1. A criminal history data check prepayment fund is created in the state treasury under the control of the department for the purpose of allowing any non-law enforcement agency or person to deposit moneys as an advance on fees required to conduct criminal history data checks as provided in section 692.2. 2. The department shall adopt rules governing the fund, including the crediting of deposits made to the fund. Prepaid fees deposited in the fund are appropriated to the department for use as provided in section 692.2. 3. Interest or earnings on moneys deposited in the fund shall not be credited to the fund or to the agency or person who deposited the money but shall be deposited in the general fund of the state as provided in section 12C.7. Notwithstanding section 8.33, moneys remaining in the criminal history data check prepayment fund at the end of a fiscal year shall not revert to the general fund of the state.

         Section History: Recent Form

         97 Acts, ch 209, §24
        

692.3 REDISSEMINATION OF ARREST DATA AND OTHER INFORMATION. A criminal or juvenile justice agency may redisseminate arrest data, and the name, photograph, physical description, and other identifying information concerning a person who is wanted or being sought if a warrant for the arrest of that person has been issued. Information relating to any threat the person may pose to the public may also be redisseminated. The information may be redisseminated through any written, audio, or visual means utilized by a criminal or juvenile justice agency. Any redissemination of information pursuant to this section shall also include the statement provided in section 692.2, subsection 1, paragraph "b", subparagraph (5).

         

         2007 Acts, ch 38, §5
        

692.4 STATISTICS. The department, division, or a criminal or juvenile justice agency may compile and disseminate criminal history data in the form of statistical reports derived from such information or as the basis of further study provided individual identities are not ascertainable. The division may with the approval of the commissioner of public safety disseminate criminal history data to persons conducting bona fide research, provided the data is not individually identified.

         Section History: Early Form

         [C75, 77, § 749B.4; C79, 81, § 692.4] 

         Section History: Recent Form

         95 Acts, ch 191, § 36; 2006 Acts, ch 1034, §2
        

692.5 RIGHT OF NOTICE, ACCESS AND CHALLENGE. Any person or the person's attorney shall have the right to examine and obtain a copy of criminal history data filed with the department that refers to the person. The person or person's attorney shall present or mail to the department written authorization and the person's fingerprint identification. The department shall not copy the fingerprint identification and shall return or destroy the identification after the copy of the criminal history data is made. The department may prescribe reasonable hours and places of examination. Any person who files with the division a written statement to the effect that a statement contained in the criminal history data that refers to the person is nonfactual, or information not authorized by law to be kept, and requests a correction or elimination of that information that refers to that person shall be notified within twenty days by the division, in writing, of the division's decision or order regarding the correction or elimination. Judicial review of the actions of the division may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Immediately upon the filing of the petition for judicial review the court shall order the division to file with the court a certified copy of the criminal history data and in no other situation shall the division furnish an individual or the individual's attorney with a certified copy, except as provided by this chapter. Upon the request of the petitioner, the record and evidence in a judicial review proceeding shall be closed to all but the court and its officers, and access thereto shall be refused unless otherwise ordered by the court. The clerk shall maintain a separate docket for such actions. A person, other than the petitioner, shall not permit a copy of any of the testimony or pleadings or the substance thereof to be made available to any person other than a party to the action or the party's attorney. Violation of this section shall be a public offense, punishable under section 692.7. The provisions of this section shall be the sole right of action against the department, its subdivisions, or employees regarding improper storage or release of criminal history data. Whenever the division corrects or eliminates data as requested or as ordered by the court, the division shall advise all agencies or individuals who have received the incorrect information to correct their files. Upon application to the district court and service of notice on the commissioner of public safety, any individual may request and obtain a list of all persons and agencies who received criminal history data referring to the individual, unless good cause be shown why the individual should not receive said list.

         Section History: Early Form

         [C75, 77, § 749B.5; C79, 81, § 692.5] 

         Section History: Recent Form

         93 Acts, ch 115, §5; 96 Acts, ch 1150, § 5; 2003 Acts, ch 44,
      §114; 2006 Acts, ch 1034, §2
         Referred to in § 602.8102(124)
        

692.6 CIVIL REMEDY. Any person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of the person's criminal history data or intelligence data in violation of this chapter. Notwithstanding any provisions of chapter 669 or 670 to the contrary, any person, agency, or governmental body proven to have disseminated or to have requested and received criminal history data or intelligence data in violation of this chapter shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorneys' fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.

         Section History: Early Form

         [C75, 77, § 749B.6; C79, 81, § 692.6] 

         Section History: Recent Form

         2007 Acts, ch 38, §6
        

692.7 CRIMINAL PENALTIES. 1. A person who willfully requests, obtains, or seeks to obtain criminal history data under false pretenses, or who willfully communicates or seeks to communicate criminal history data to any agency or person except in accordance with this chapter, or a person connected with a research program authorized pursuant to this chapter who willfully falsifies criminal history data or any records relating thereto, shall, upon conviction, for each such offense be guilty of an aggravated misdemeanor. 2. Any person who willfully requests, obtains, or seeks to obtain intelligence data under false pretenses, or who willfully communicates or seeks to communicate intelligence data to any agency or person except in accordance with this chapter, shall for each such offense be guilty of a class "D" felony. Any person who knowingly, but without criminal purposes, communicates or seeks to communicate intelligence data except in accordance with this chapter shall for each such offense be guilty of a serious misdemeanor. 3. If a person convicted under this section is a peace officer, the conviction shall be grounds for discharge or suspension from duty without pay and if the person convicted is a public official or public employee, the conviction shall be grounds for removal from office. 4. Any reasonable grounds for belief that a public employee has violated any provision of this chapter shall be grounds for immediate removal from all access to criminal history data and intelligence data.

         Section History: Early Form

         [C75, 77, § 749B.7; C79, 81, § 692.7] 

         Section History: Recent Form

         96 Acts, ch 1150, §6
         Referred to in § 692.5, 692.9
        

692.8 INTELLIGENCE DATA. Intelligence data contained in the files of the department of public safety or a criminal or juvenile justice agency may be placed within a computer data storage system, provided that access to the computer data storage system is restricted to authorized employees of the department or criminal or juvenile justice agency. The department shall adopt rules to implement this paragraph. 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, and only if the department is satisfied that the need to know and the intended use are reasonable. However, intelligence data may also be disseminated to an agency, organization, or person when disseminated for an official purpose, and in order to protect a person or property from a threat of imminent serious harm. Whenever intelligence data relating to a defendant or juvenile who is the subject of a petition under section 232.35 for the purpose of sentencing or adjudication has been provided a court, the court shall inform the defendant or juvenile or the defendant's or juvenile's attorney that it is in possession of such data and shall, upon request of the defendant or juvenile or the defendant's or juvenile's attorney, permit examination of such data. If the defendant or juvenile disputes the accuracy of the intelligence data, the defendant or juvenile shall do so by filing an affidavit stating the substance of the disputed data and wherein it is inaccurate. If the court finds reasonable doubt as to the accuracy of such information, it may require a hearing and the examination of witnesses relating thereto on or before the time set for sentencing or adjudication.

         Section History: Early Form

         [C75, 77, § 749B.8; C79, 81, § 692.8] 

         Section History: Recent Form

         84 Acts, ch 1145, § 2; 94 Acts, ch 1096, §1; 95 Acts, ch 191, §
      37; 2003 Acts, ch 14, §2, 5
        

692.8A 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 division or from any other source, outside the agency or the peace officer's agency unless all of the following apply: a. The intelligence data is for official purposes in connection with prescribed duties of a criminal or juvenile justice agency. b. The agency maintains a list of the agencies, organizations, or persons receiving the intelligence data and the date and purpose of the dissemination. c. 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 regulatory 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 property from a threat of imminent serious harm, and if the dissemination complies with paragraphs "b" and "c" of subsection 1. 3. An agency, organization, or person receiving intelligence data from a 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 providing 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 intelligence data is also subject to the provisions of this chapter and shall comply with any administrative rules adopted pursuant to this chapter. 4. An intelligence assessment and intelligence data shall be deemed a confidential record of the department under section 22.7, subsection 55, except as otherwise provided in this subsection. This section shall not be construed to prohibit the dissemination of an intelligence assessment 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 to a person if necessary to protect a person or property from a threat of imminent serious harm. This section shall also not be construed to prohibit the department from disseminating a public health and safety threat advisory or alert by press release or other method of public communication.

         Section History: Recent Form

         96 Acts, ch 1150, §7; 2003 Acts, ch 14, §3, 5; 2006 Acts, ch 1034,
      §2; 2006 Acts, ch 1148, §2; 2007 Acts, ch 22, §105
         Referred to in § 22.7
        

692.9 SURVEILLANCE DATA PROHIBITED. No surveillance data shall be placed in files or manual or automated data storage systems by the department or division or by any peace officer or criminal or juvenile justice agency. Violation of the provisions of this section shall be a public offense punishable under section 692.7.

         Section History: Early Form

         [C75, 77, § 749B.9; C79, 81, § 692.9] 

         Section History: Recent Form

         95 Acts, ch 191, § 38; 2006 Acts, ch 1034, §2
        

692.10 RULES. The department shall adopt rules designed to assure the security and confidentiality of all systems established for the exchange of criminal history data and intelligence data between criminal or juvenile justice agencies and for the authorization of officers or employees to access a department or agency computer data storage system in which criminal intelligence data is stored.

         Section History: Early Form

         [C75, 77, § 749B.10; C79, 81, § 692.10; 81 Acts, ch 38, § 5] 

         Section History: Recent Form

         84 Acts, ch 1145, § 3; 95 Acts, ch 191, § 39
         Referred to in § 692.19
        

692.11 EDUCATION PROGRAM. The department shall require an educational program for its employees and the employees of criminal or juvenile justice agencies on the proper use and control of criminal history data and intelligence data.

         Section History: Early Form

         [C75, 77, § 749B.11; C79, 81, § 692.11] 

         Section History: Recent Form

         95 Acts, ch 191, § 40
        

692.12 DATA PROCESSING. Nothing in this chapter shall preclude the use of the equipment and hardware of the data processing service center for the storage and retrieval of criminal history data. Files shall be stored on the computer in such a manner that the files cannot be modified, destroyed, accessed, changed, or overlaid in any fashion by terminals or personnel not belonging to a criminal or juvenile justice agency. That portion of any computer, electronic switch, or manual terminal having access to criminal history data stored in the state computer must be under the management control of a criminal or juvenile justice agency.

         Section History: Early Form

         [C75, 77, § 749B.12; C79, 81, § 692.12] 

         Section History: Recent Form

         95 Acts, ch 191, §41; 96 Acts, ch 1034, § 56
        

692.13 REVIEW. The department shall initiate periodic review procedures designed to determine compliance with the provisions of this chapter within the department and by criminal or juvenile justice agencies and to determine that data furnished to them is factual and accurate.

         Section History: Early Form

         [C75, 77, § 749B.13; C79, 81, § 692.13] 

         Section History: Recent Form

         95 Acts, ch 191, §42
        

692.14 SYSTEMS FOR THE EXCHANGE OF CRIMINAL HISTORY DATA. The department shall regulate the participation by all state and local agencies in any system for the exchange of criminal history data, and shall be responsible for assuring the consistency of such participation with the terms and purposes of this chapter. Direct access to such systems shall be limited to such criminal or juvenile justice agencies as are expressly designated for that purpose by the department. The department shall, with respect to telecommunications terminals employed in the dissemination of criminal history data, insure that security is provided over an entire terminal or that portion actually authorized access to criminal history data.

         Section History: Early Form

         [C75, 77, § 749B.14; C79, 81, § 692.14] 

         Section History: Recent Form

         95 Acts, ch 191, §43
        

692.15 REPORTS TO DEPARTMENT. 1. If it comes to the attention of a sheriff, police department, or other law enforcement agency that a public offense or delinquent act has been committed in its jurisdiction, the law enforcement agency shall report information concerning the public offense or delinquent act to the department on a form to be furnished by the department not more than thirty-five days from the time the public offense or delinquent act first comes to the attention of the law enforcement agency. The reports shall be used to generate crime statistics. The department shall submit statistics to the governor, the general assembly, and the division of criminal and juvenile justice planning of the department of human rights on a quarterly and yearly basis. 2. If a sheriff, police department, or other law enforcement agency makes an arrest or takes a juvenile into custody which is reported to the department, the law enforcement agency making the arrest or taking the juvenile into custody and any other law enforcement agency which obtains custody of the arrested person or juvenile taken into custody shall furnish a disposition report to the department if the arrested person or juvenile taken into custody is transferred to the custody of another law enforcement agency or is released without having a complaint or information or petition under section 232.35 filed with any court. 3. The law enforcement agency making an arrest and securing fingerprints pursuant to section 690.2 or taking a juvenile into custody and securing fingerprints pursuant to section 232.148 shall fill out a final disposition report on each arrest or taking into custody on a form and in the manner prescribed by the commissioner of public safety. The final disposition report shall be forwarded to the county attorney, or at the discretion of the county attorney, to the clerk of the district court, in the county where the arrest or taking into custody occurred, or to the juvenile court officer who received the referral, whichever is deemed appropriate under the circumstances. 4. The county attorney of each county or juvenile court officer who received the referral shall complete the final disposition report and submit it to the department within thirty days if a preliminary information or citation is dismissed without a new charge being filed. If an indictment is returned or a county attorney's information is filed, or a petition is filed under section 232.35, the final disposition form shall be forwarded to either the clerk of the district court or juvenile court of that county. 5. If a criminal complaint or information or petition under section 232.35 is filed in any court, the clerk shall furnish a disposition report of the case. 6. Any disposition report shall be sent to the department within thirty days after disposition on a form provided by the department. 7. The hate crimes listed in section 729A.2 are subject to the reporting requirements of this section. 8. The fact that a person was convicted for a sexually predatory offense under chapter 901A shall be reported with other conviction data regarding that person.

         Section History: Early Form

         [C75, 77, § 749B.15; C79, 81, § 692.15] 

         Section History: Recent Form

         86 Acts, ch 1237, § 42; 92 Acts, ch 1157, § 2; 93 Acts, ch 115,
      §6; 95 Acts, ch 191, § 44; 96 Acts, ch 1082, § 1; 99 Acts, ch 37, §3;
      2000 Acts, ch 1154, §41; 2007 Acts, ch 38, §7
         Referred to in § 331.653, 602.8102(125)
        

692.16 REVIEW AND REMOVAL. At least every year the division shall review and determine current status of all Iowa arrests or takings into custody reported, which are at least four years old with no disposition data. Any Iowa arrest or taking of a juvenile into custody recorded within a computer data storage system which has no disposition data after four years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.

         Section History: Early Form

         [C75, 77, § 749B.16; C79, 81, § 692.16] 

         Section History: Recent Form

         93 Acts, ch 115, §7; 95 Acts, ch 191, § 45; 2006 Acts, ch 1034,
      §2; 2007 Acts, ch 38, §8
        

692.17 EXCLUSIONS -- PURPOSES. 1. Criminal history data in a computer data storage system shall not include arrest or disposition data or custody or adjudication data after the person has been acquitted or the charges dismissed, except that records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental 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 misdemeanor or felony between age eighteen and age twenty-one. 2. For the purposes of this section, "criminal history data" includes the following: 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. 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 fingerprint 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.

         Section History: Early Form

         [C75, 77, § 749B.17; C79, 81, § 692.17] 

         Section History: Recent Form

         90 Acts, ch 1053, §1; 91 Acts, ch 116, §20; 93 Acts, ch 115, §8;
      95 Acts, ch 191, § 46; 98 Acts, ch 1021, §2; 2009 Acts, ch 24, §4
        

692.18 PUBLIC RECORDS. 1. Nothing in this chapter shall prohibit the public from examining and copying the public records of any public body or agency as authorized by chapter 22. 2. Intelligence data in the possession of a criminal or juvenile justice agency, state or federal regulatory agency, or peace officer, or disseminated by such agency or peace officer, are confidential records under section 22.7, subsection 55.

         Section History: Early Form

         [C75, 77, § 749B.18; C79, 81, § 692.18] 

         Section History: Recent Form

         96 Acts, ch 1150, § 8; 2003 Acts, ch 14, §4, 5; 2009 Acts, ch 133,
      §174
        

692.19 CONFIDENTIAL RECORDS -- COMMISSIONER'S RESPONSIBILITY. The commissioner of public safety shall have the following responsibilities and duties: 1. Shall periodically monitor the operation of governmental information systems which deal with the collection, storage, use and dissemination of criminal history or intelligence data. 2. Shall review the implementation and effectiveness of legislation and administrative rules concerning such systems. 3. May recommend changes in said rules and legislation to the legislature and the appropriate administrative officials. 4. May require such reports from state agencies as may be necessary to perform its duties. 5. May receive and review complaints from the public concerning the operation of such systems. 6. May conduct inquiries and investigations the commissioner finds appropriate to achieve the purposes of this chapter. Each criminal or juvenile justice agency in this state and each state and local agency otherwise authorized access to criminal history data is authorized and directed to furnish to the commissioner of public safety, upon the commissioner's request, statistical data, reports, and other information in its possession as the commissioner deems necessary to implement this chapter. 7. Shall annually approve rules adopted in accordance with section 692.10 and rules to assure the accuracy, completeness and proper purging of criminal history data. 8. Shall approve all agreements, arrangements and systems for the interstate transmission and exchange of criminal history data.

         Section History: Early Form

         [C75, 77, § 749B.19; C79, 81, § 692.19] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1607; 88 Acts, ch 1134, § 113; 95 Acts, ch
      191, § 47
        

692.20 MOTOR VEHICLE OPERATOR'S RECORD EXEMPT. The provisions of section 692.2 shall not apply to the certifying of an individual's operating record pursuant to section 321A.3.

         Section History: Early Form

         [C75, 77, § 749B.20; C79, 81, § 692.20] 

         Section History: Recent Form

         96 Acts, ch 1150, §9
        

692.21 DATA TO AGENCY MAKING ARREST OR TAKING JUVENILE INTO CUSTODY. The clerk of the district court shall forward conviction and disposition data to the criminal or juvenile justice agency making the arrest or taking a juvenile into custody within thirty days of final court disposition of the case.

         Section History: Early Form

         [C81, § 692.21] 

         Section History: Recent Form

         95 Acts, ch 191, §48; 96 Acts, ch 1034, § 57
        

692.22 STALKING INFORMATION. Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving stalking, as defined in section 708.11, and shall provide the information to the department of public safety in the manner prescribed by the department of public safety. The department of public safety may compile statistics and issue reports on stalking in Iowa, provided individual identifying details of the stalking are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide nonidentifying information on individual incidents of stalking to persons conducting bona fide research, including but not limited to personnel of the department of justice.

         Section History: Recent Form

         98 Acts, ch 1021, §3

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