Iowa 2023-2024 Regular Session

Iowa House Bill HF686 Latest Draft

Bill / Introduced Version Filed 03/29/2023

                            House File 686 - Introduced   HOUSE FILE 686   BY ABDUL-SAMAD   A BILL FOR   An Act relating to public disclosures of certain information 1   in the child abuse registry relating to founded reports of 2   child abuse involving sexual abuse. 3   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4   TLSB 2256YH (4) 90   dg/rh  

  H.F. 686   Section 1. Section 235A.15, subsection 1, Code 2023, is 1   amended to read as follows: 2   1. Notwithstanding chapter 22 , the confidentiality of 3   all child abuse information shall be maintained, except as 4   specifically provided by this section and section 235A.15A . 5   Sec. 2. NEW SECTION   . 235A.15A Public dissemination of 6   information contained in central registry  founded cases of 7   child abuse involving sexual abuse. 8   1. Notwithstanding section 235A.15, the department shall 9   maintain an internet site for the public and others to access 10   relevant information about a person who is the subject of a 11   founded report of child abuse involving sexual abuse that would 12   constitute a tier II or tier III offense, as those terms are 13   defined in section 692A.102, against a minor if the person 14   was convicted. The internet site, at a minimum, shall be 15   searchable by name, county, city, zip code, and geographic 16   radius. 17   2. Relevant information received by the department and 18   required to be displayed on the internet site pursuant to 19   this subsection shall be made available on the internet site 20   within five business days of the department determining an 21   allegation of child abuse involving sexual abuse to be founded 22   or determining that information maintained on the internet site 23   requires an update or correction. 24   a. The following relevant information about a person who 25   is the subject of a founded report of child abuse involving 26   sexual abuse pursuant to subsection 1 shall be disclosed on the 27   internet site:   28   (1) The persons date of birth. 29   (2) The persons name, nickname, or aliases, including 30   ethnic or tribal names.   31   (3) The persons photographs. 32   (4) A physical description of the person, including scars, 33   marks, or tattoos. 34   (5) The persons residence. 35   -1-   LSB 2256YH (4) 90   dg/rh   1/ 4    

  H.F. 686   (6) The statutory citation and text of the offense committed 1   that requires registration under this chapter. 2   (7) A specific reference indicating whether the person is 3   subject to residency restrictions pursuant to section 692A.114. 4   (8) A specific reference indicating whether the person is 5   subject to exclusion zone restrictions pursuant to section 6   692A.113. 7   b. The following relevant information shall not be disclosed 8   on the department s internet site: 9   (1) Any relevant information about a person who is the 10   subject of a founded report of child abuse involving sexual 11   abuse pursuant to subsection 1 who was under twenty years of 12   age at the time the abuse was committed that would constitute 13   a violation of section 709.4, subsection 1, paragraph b , 14   subparagraph (2), subparagraph division (d), if convicted. 15   (2) The employer name, address, or location where the person 16   is employed, if applicable. 17   (3) The address and name of any school where the person 18   required to be on the registry attends, if applicable. 19   (4) A real name protected under 18 U.S.C. 3521. 20   (5) Any relevant information relating to the person who was 21   under eighteen years of age when the abuse was committed. 22   (6) The identity of the victim. 23   (7) Information pertaining to unfounded or undetermined 24   allegations of child abuse. 25   (8) Passport and immigration documents. 26   (9) A government-issued drivers license or nondriver 27   identification card.   28   (10) DNA information. 29   (11) Fingerprints. 30   (12) Palm prints. 31   (13) Professional licensing information. 32   (14) A social security number. 33   (15) Records that have been sealed or expunged pursuant to 34   section 235A.18.   35   -2-   LSB 2256YH (4) 90   dg/rh   2/ 4  

  H.F. 686   (16) Any other relevant information not described in 1   paragraph a . 2   c. The department, at the departments discretion, may 3   disseminate any relevant information available on the internet 4   site established in subsection 1 through any other means to the 5   general public. 6   3. The department shall include on the internet site 7   established in subsection 1 instructions and any applicable 8   forms necessary for a person seeking correction of information 9   that the person contends is erroneous. 10   4. Records and information not available pursuant to this 11   section or other provisions of this chapter are confidential 12   and not subject to examination and copying by a member of the 13   public. 14   EXPLANATION 15   The inclusion of this explanation does not constitute agreement with 16   the explanations substance by the members of the general assembly. 17   This bill relates to public disclosures of certain 18   information in the child abuse registry. 19   The bill requires the department of health and human 20   services (HHS) to maintain an internet site for the public and 21   others to access relevant information about a person who is the 22   subject of a founded report of child abuse involving sexual 23   abuse that would constitute a tier II or tier III offense, as 24   those terms are defined in Code section 692A.102 (sex offense 25   classifications), against a minor if the person was convicted. 26   The internet site, at a minimum, must be searchable by name, 27   county, city, zip code, and geographic radius. 28   The bill requires HHS to make relevant information received 29   by HHS and required to be displayed on the internet site 30   available on the internet site within five business days of HHS 31   determining an allegation of child abuse involving sexual abuse 32   is founded or determining that information maintained on the 33   internet site requires an update or correction. 34   The bill details the type of information that is relevant 35   -3-   LSB 2256YH (4) 90   dg/rh   3/ 4  

  H.F. 686   information about a person who is the subject of a founded 1   report of child abuse involving sexual abuse that shall 2   be disclosed on the HHS internet site and what types of 3   information shall not be included on the internet site. 4   The bill allows HHS, at HHSs discretion, to disseminate any 5   relevant information available on the internet site through any 6   other means to the general public. 7   The bill requires HHS to include instructions and any 8   applicable forms necessary for a person seeking correction 9   of information that the person contends is erroneous on the 10   internet site. 11   The bill establishes that records and information not 12   available on the internet site or Code chapter 235A (child 13   abuse) are confidential and not subject to examination and 14   copying by a member of the public. 15   -4-   LSB 2256YH (4) 90   dg/rh   4/ 4