reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.3 - Actual injury requirement in civil actions alleging COVID-19 exposure.

686D.3 Actual injury requirement in civil actions alleging COVID-19 exposure.
A person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless one of the following applies:
1. The civil action relates to a minimum medical condition.
2. The civil action involves an act that was intended to cause harm.
3. The civil action involves an act that constitutes actual malice.
2020 Acts, ch 1070, §5, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.4 - Premises owner’s duty of care — limited liability.

686D.4 Premises owner’s duty of care — limited liability.
A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for civil damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises, unless any of the following apply to the person who possesses or is in control of the premises:
1. The person who possesses or is in control of the premises recklessly disregards a substantial and unnecessary risk that the individual would be exposed to COVID-19.
2. The person who possesses or is in control of the premises exposes the individual to COVID-19 through an act that constitutes actual malice.
3. The person who possesses or is in control of the premises intentionally exposes the individual to COVID-19.
2020 Acts, ch 1070, §6, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.5 - Safe harbor for compliance with regulations, executive orders, or public health guidance.

686D.5 Safe harbor for compliance with regulations, executive orders, or public health guidance.
A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or state statute, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure.
2020 Acts, ch 1070, §7, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.6 - Liability of health care providers.

686D.6 Liability of health care providers.
1. A health care provider shall not be liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s response to COVID-19. This subsection shall apply to all of the following:
a. Injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of COVID-19.
b. Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19.
c. Acts or omissions while providing health care to individuals unrelated to COVID-19 when those acts or omissions support the state’s response to COVID-19, including any of the following:
(1) Delaying or canceling nonurgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of an individual in response to any federal or state statute, regulation, order, or public health guidance.
(2) Diagnosing or treating patients outside the normal scope of the health care provider’s license or practice.
(3) Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use.
(4) Conducting tests or providing treatment to any individual outside the premises of a health care facility.
(5) Acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19.
(6) Acts or omissions undertaken by a health care provider relating to use or nonuse of personal protective equipment.
2. This section shall not relieve any person of liability for civil damages for any act or omission which constitutes recklessness or willful misconduct.
2020 Acts, ch 1070, §8, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.7 - Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19.

686D.7 Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19.
1. Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product.
2. Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings.
3. This section shall not apply in the event of any of the following:
a. The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product had actual knowledge of a defect in the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product when put to the use for which the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product was designed, manufactured, sold, distributed, or donated, and the person recklessly disregarded a substantial and unnecessary risk that the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product would cause serious personal injury, death, or serious property damage.
b. The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product acted with actual malice.
2020 Acts, ch 1070, §9, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.8 - Construction.

686D.8 Construction.
This chapter shall not be construed to do any of the following:
1. Create, recognize, or ratify a claim or cause of action of any kind.
2. Eliminate or satisfy a required element of a claim or cause of action of any kind.
3. Affect the rights or limits under workers’ compensation as provided in chapter 85, 85A, or 85B, or the rights or limits related to police officers or fire fighters under chapter 410 or 411.
4. Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability.
2020 Acts, ch 1070, §10, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 690 - CRIMINAL IDENTIFICATION › Section 690.1 - Criminal identification.

690.1 Criminal identification.
The commissioner of public safety may provide in the department a division of criminal investigation. The commissioner may adopt rules for the same. The sheriff of each county and the chief of police of each city shall furnish to the department criminal identification records and other information as directed by the commissioner of public safety.
[C24, 27, 31, 35, 39, §13416; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.1; C79, 81, §690.1]
97 Acts, ch 23, §77; 2006 Acts, ch 1034, §2
Referred to in §331.653
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 690 - CRIMINAL IDENTIFICATION › Section 690.2 - Fingerprints and palm prints — photographs — duty of sheriff and chief of police.

690.2 Fingerprints and palm prints — photographs — duty of sheriff and chief of police.
The sheriff of every county, and the chief of police of each city regardless of the form of government thereof, shall take the fingerprints of all unidentified dead bodies in their respective jurisdictions and all persons who are taken into custody for the commission of a serious misdemeanor, aggravated misdemeanor, or felony and shall forward such fingerprint records on such forms and in such manner as may be prescribed by the commissioner of public safety, within two working days after the fingerprint records are taken, to the department of public safety. Fingerprints may be taken of a person who has been arrested for a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense. In addition to the fingerprints as herein provided, any such officer may also take the photograph and palm prints of any such person and forward them to the department of public safety. If a defendant is convicted by a court of this state of an offense which is a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense, a serious misdemeanor, an aggravated misdemeanor, or a felony, the court shall determine whether such defendant has previously been fingerprinted in connection with the criminal proceedings leading to the conviction and, if not, shall order that the defendant be fingerprinted and those prints submitted to the department of public safety. The court shall also order that a juvenile adjudicated delinquent for an offense which would be an offense other than a simple misdemeanor if committed by an adult, be fingerprinted and the prints submitted to the department of public safety if the juvenile has not previously been fingerprinted. The taking of fingerprints for a serious misdemeanor offense under chapter 321 or 321A is not required under this section.
[C27, 31, 35, §13417-b1; C39, §13417.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.2; C79, 81, §690.2]
93 Acts, ch 115, §1; 96 Acts, ch 1135, §1; 99 Acts, ch 37, §2; 2011 Acts, ch 95, §5
Referred to in §331.322, 331.653, 690.3, 692.15, 726.23
See also §232.148 and 690.4
Nontestimonial identification, chapter 810
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 690 - CRIMINAL IDENTIFICATION › Section 690.3 - Equipment.

690.3 Equipment.
The board of supervisors of each county and the council of each city affected by the provisions of section 690.2 shall furnish all necessary equipment and materials for the carrying out of the provisions of said section.
[C27, 31, 35, §13417-b2; C39, §13417.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.3; C79, 81, §690.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 690 - CRIMINAL IDENTIFICATION › Section 690.4 - Fingerprints and photographs at institutions.

690.4 Fingerprints and photographs at institutions.
1. The warden of the Iowa medical and classification center and superintendent of the state training school shall take or procure the taking of the fingerprints, and, in the case of the Iowa medical and classification center only, Bertillon photographs of any person received on commitment to their respective institutions, and shall forward such fingerprint records and photographs within ten days after they are taken to the department of public safety. Information obtained from fingerprint cards submitted pursuant to this section may be retained by the department of public safety as criminal history records. If a charge for a serious misdemeanor, aggravated misdemeanor, or felony is brought against a person already in the custody of a law enforcement or correctional agency and the charge is filed in a case separate from the case for which the person was previously arrested or confined, the agency shall take the fingerprints of the person in connection with the new case and submit them to the department of public safety.
2. The wardens and superintendents of all department of corrections facilities shall procure the taking of a photograph showing the facial features of each inmate of a state correctional institution prior to the inmate’s discharge. The photograph shall be placed in the inmate’s file and shall be made available to the Iowa department of public safety upon request.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §749.4; C79, 81, §690.4; 82 Acts, ch 1260, §37]
83 Acts, ch 96, §116, 159; 84 Acts, ch 1184, §18; 86 Acts, ch 1075, §4; 93 Acts, ch 115, §2; 2011 Acts, ch 95, §6
Referred to in §726.23
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 690 - CRIMINAL IDENTIFICATION › Section 690.5 - Administrative sanctions.

690.5 Administrative sanctions.
1. An agency subject to fingerprinting and disposition requirements under this chapter shall take all steps necessary to ensure that all agency officials and employees understand the requirements and shall provide for and impose administrative sanctions, as appropriate, for failure to report as required.
2. If a criminal or juvenile justice agency subject to fingerprinting and disposition requirements fails to comply with the requirements, the commissioner of public safety shall order that the agency’s access to criminal history record information maintained by the repository be denied or restricted until the agency complies with the reporting requirements.
3. The state court administrator shall develop a policy to ensure that court personnel understand and comply with the fingerprinting and disposition requirements and shall also develop sanctions for court personnel who fail to comply with the requirements.
93 Acts, ch 115, §3; 95 Acts, ch 191, §27; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.1 - Laboratory created.

691.1 Laboratory created.
There is hereby created under the control, direction, and supervision of the commissioner of public safety a state criminalistics laboratory. The commissioner of public safety may assign the criminalistics laboratory to a division or bureau within the public safety department. The laboratory shall, within its capabilities, conduct analyses, comparative studies, fingerprint identification, firearms identification, questioned documents studies, and other studies normally performed by a criminalistics laboratory when requested by a county attorney, medical examiner, or law enforcement agency of this state to aid in any criminal investigation. Agents of the division of criminal investigation may be assigned to the criminalistics laboratory by the commissioner. New employees shall be appointed pursuant to chapter 8A, subchapter IV, and need not qualify as agents for the division of criminal investigation and shall not participate in the peace officers’ retirement plan established pursuant to chapter 97A.
[C71, 73, 75, 77, §749A.1; C79, 81, §691.1]
2003 Acts, ch 145, §276; 2005 Acts, ch 35, §31
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.2 - Presumption of qualification — evidence — testimony.

691.2 Presumption of qualification — evidence — testimony.
1. It shall be presumed that any employee or technician of the criminalistics laboratory is qualified or possesses the required expertise to accomplish any analysis, comparison, or identification done by the employee in the course of the employee’s employment in the criminalistics laboratory. Any report, or copy of a report, or the findings of the criminalistics laboratory shall be received in evidence, if determined to be relevant, in any court, preliminary hearing, grand jury proceeding, civil proceeding, administrative hearing, and forfeiture proceeding in the same manner and with the same force and effect as if the employee or technician of the criminalistics laboratory who accomplished the requested analysis, comparison, or identification had testified in person.
2. A party or the party’s attorney may request that an employee or technician testify in person at a criminal trial, administrative hearing, or forfeiture proceeding on behalf of the state or the adverse agency of the state, by notifying the proper county attorney, or in the case of an administrative proceeding the adverse agency, at least ten days before the date of the criminal trial, administrative hearing, or forfeiture proceeding. A party or the party’s attorney in any other civil proceeding may require an employee or technician to testify in person pursuant to a subpoena.
[C71, 73, 75, 77, §749A.2; C79, 81, §691.2]
86 Acts, ch 1147, §1; 88 Acts, ch 1029, §1; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.3 - Commissioner to make rules.

691.3 Commissioner to make rules.
The commissioner of public safety shall make rules defining the capabilities of the criminalistics laboratory. The commissioner shall make rules governing the handling of items to be processed by the criminalistics laboratory from the time they are forwarded to the laboratory by a county medical examiner or a city or state law enforcement agency or county sheriff until their return to the forwarder. The rules shall prescribe a method of identifying, forwarding, handling and returning items that will maintain the identity and integrity of the item. An item handled in conformity with the rules shall be presumed to be admissible in evidence as to the period in transit to and from and while in custody of the laboratory without further foundation.
[C71, 73, 75, 77, §749A.3; C79, 81, §691.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.4 - Copy of finding to defendant.

691.4 Copy of finding to defendant.
The county attorney shall give the accused person, or the accused person’s attorney, after an indictment or county attorney’s information has been returned, a copy of each report of the findings of the criminalistics laboratory conducted in the investigation of the indictable criminal charge against the accused person at the time of arraignment, or if such report is received after arraignment, upon receipt, whether or not such findings are to be used in evidence against the accused person. If such report is not given to the accused or the accused person’s attorney at least four days prior to trial, such fact shall be grounds for a continuance.
[C71, 73, 75, 77, §749A.4; C79, 81, §691.4]
Referred to in §331.756(65)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.5 - State medical examiner.

691.5 State medical examiner.
The office and position of state medical examiner is established for administrative purposes within the Iowa department of public health. Other state agencies shall cooperate with the state medical examiner in the use of state-owned facilities when appropriate for the performance of nonadministrative duties of the state medical examiner. The state medical examiner shall be a physician and surgeon or osteopathic physician and surgeon, be licensed to practice medicine in the state of Iowa, and be board certified or eligible to be board certified in anatomic and forensic pathology by the American board of pathology. The state medical examiner shall be appointed by and serve at the pleasure of the director of public health upon the advice of and in consultation with the director of public safety and the governor. The state medical examiner, in consultation with the director of public health, shall be responsible for developing and administering the medical examiner’s budget and for employment of medical examiner staff and assistants. The state medical examiner may be a faculty member of the university of Iowa college of medicine or the college of law at the university of Iowa, and any of the examiner’s assistants or staff may be members of the faculty or staff of the university of Iowa college of medicine or the college of law at the university of Iowa.
[C71, 73, 75, 77, §749A.5; C79, 81, §691.5]
86 Acts, ch 1245, §1602; 99 Acts, ch 208, §6, 14; 2001 Acts, ch 74, §20
Referred to in §124.553, 142C.2, 691.6A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.6A - Deputy state medical examiner — creation and duties.

691.6A Deputy state medical examiner — creation and duties.
The position of deputy state medical examiner is created within the office of the state medical examiner. The deputy state medical examiner shall report to and be responsible to the state medical examiner. The deputy state medical examiner shall meet the qualification criteria established in section 691.5 for the state medical examiner and shall be subject to rules adopted by the state medical examiner as provided in section 691.6, subsection 3. The state medical examiner and the deputy state medical examiner shall function as a team, providing peer review as necessary, fulfilling each other’s job responsibilities during times of absence, and working jointly to provide services and education to county medical examiners, law enforcement officials, hospital pathologists, and other individuals and entities. The deputy medical examiner may be, but is not required to be, a full-time salaried faculty member of the department of pathology of the university of Iowa college of medicine. If the medical examiner is a full-time salaried faculty member of the department of pathology of the university of Iowa college of medicine, the Iowa department of public health and the state board of regents shall enter into a chapter 28E agreement to define the activities and functions of the deputy medical examiner, and to allocate deputy medical examiner costs, consistent with the requirements of this section.
99 Acts, ch 208, §8, 14; 2001 Acts, ch 74, §21
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.6B - Interagency coordinating council.

691.6B Interagency coordinating council.
1. An interagency coordinating council is created to do all of the following:
a. Advise and consult with the state medical examiner on a range of issues affecting the organization and functions of the office of the state medical examiner and the effectiveness of the medical examiner system in the state.
b. Advise the state medical examiner concerning the assurance of effective coordination of the functions and operations of the office of the state medical examiner with the needs and interests of the departments of public safety and public health.
2. Members of the interagency coordinating council shall include all of the following:
a. The state medical examiner, or when the state medical examiner is not available, the deputy state medical examiner.
b. The commissioner of public safety or the commissioner’s designee.
c. The director of public health or the director’s designee.
d. The governor or the governor’s designee.
e. Representatives from the office of the attorney general, the Iowa county attorneys association, the Iowa medical society, the Iowa association of pathologists, the Iowa association of county medical examiners, the statewide emergency medical system, and the Iowa funeral directors association.
3. The interagency coordinating council shall meet on a regular basis, and shall be organized and function as established by the state medical examiner by rule.
99 Acts, ch 208, §9, 14; 2019 Acts, ch 85, §76
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.7 - Commissioner to accept federal or private grants.

691.7 Commissioner to accept federal or private grants.
The commissioner of public safety may accept federal or private funds or grants to aid in the establishment or operation of the state criminalistics laboratory, and the director of public health or the state board of regents may accept federal or private funds or grants to aid in the establishment or operation of the position of state medical examiner.
[C71, 73, 75, 77, §749A.7; C79, 81, §691.7]
86 Acts, ch 1245, §1604; 99 Acts, ch 208, §11, 14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.8 - Governor to transfer laboratory.

691.8 Governor to transfer laboratory.
The governor shall by executive order provide for the transfer of any appropriate laboratory facilities, equipment, and technical personnel of the state to the state criminalistics laboratory if such transfer will more effectively and efficiently aid the investigation of crime.
[C71, 73, 75, 77, §749A.8; C79, 81, §691.8]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 691 - STATE CRIMINALISTICS LABORATORY AND MEDICAL EXAMINER › Section 691.9 - Criminalistics laboratory fund.

691.9 Criminalistics laboratory fund.
A criminalistics laboratory fund is created as a separate fund in the state treasury under the control of the department of public safety. The fund shall consist of appropriations made to the fund and transfers of interest, moneys collected from the crime services surcharge established in section 911.1, and earnings. All moneys in the fund are appropriated to the department of public safety for use by the department in criminalistics laboratory equipment and supply purchasing, maintenance, depreciation, training, and payments of the fees charged by the department of administrative services for the criminalistics laboratory facility in Ankeny. Any balance in the fund on June 30 of any fiscal year shall not revert to any other fund of the state but shall remain available for the purposes described in this section.
2006 Acts, ch 1030, §80; 2018 Acts, ch 1172, §90; 2020 Acts, ch 1074, §47, 93
Referred to in §602.8108
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.2A - Criminal history data check prepayment fund.

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.
97 Acts, ch 209, §24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.3 - Redissemination of arrest data and other information.

692.3 Redissemination of arrest data and other information.
1. 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. Any redissemination of information pursuant to this subsection shall also include the statement provided in section 692.2, subsection 1, paragraph “b”, subparagraph (5).
2. A criminal or juvenile justice agency may redisseminate personal information that is in the form of a person’s photograph or digital image or a digital reproduction of a person’s photograph obtained from the department of transportation in accordance with section 321.11 of any of the following persons:
a. A missing person, as defined in section 694.1.
b. A person identified in a missing person report involving an unemancipated minor and there are reasonable grounds to suspect that the person is involved with the minor’s disappearance.
3. The information described in this section may be redisseminated through any written, audio, or visual means utilized by a criminal or juvenile justice agency.
2007 Acts, ch 38, §5; 2022 Acts, ch 1077, §1, 2
Section amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.4 - Statistics.

692.4 Statistics.
1. 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.
2. 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.
[C75, 77, §749B.4; C79, 81, §692.4]
95 Acts, ch 191, §36; 2006 Acts, ch 1034, §2; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.5 - Right to access and challenge — judicial review.

692.5 Right to access and challenge — judicial review.
1. 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 may provide the person’s fingerprint identification to the department on a form and in a manner prescribed by the department. 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.
2. A person who files with the division a written statement to the effect that information contained in the criminal history data is nonfactual, or that information contained in the criminal history data is not authorized by law to be kept, and requests a correction or elimination of the information that refers to the 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.
3. 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.
4. Whenever the division corrects or eliminates criminal history data as requested or as ordered by the court, the division shall advise the federal bureau of investigation, if applicable, to correct its files.
[C75, 77, §749B.5; C79, 81, §692.5]
93 Acts, ch 115, §5; 96 Acts, ch 1150, §5; 2003 Acts, ch 44, §114; 2006 Acts, ch 1034, §2; 2014 Acts, ch 1026, §133; 2016 Acts, ch 1053, §1
Referred to in §602.8102(124)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.6 - Civil remedy.

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 attorney fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.
[C75, 77, §749B.6; C79, 81, §692.6]
2007 Acts, ch 38, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.7 - Criminal penalties.

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.
[C75, 77, §749B.7; C79, 81, §692.7]
96 Acts, ch 1150, §6
Referred to in §692.5, 692.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.8 - Intelligence data.

692.8 Intelligence data.
1. 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 subsection.
2. 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 the court 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.
3. 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, the court may require a hearing and the examination of witnesses relating thereto on or before the time set for sentencing or adjudication.
[C75, 77, §749B.8; C79, 81, §692.8]
84 Acts, ch 1145, §2; 94 Acts, ch 1096, §1; 95 Acts, ch 191, §37; 2003 Acts, ch 14, §2, 5; 2018 Acts, ch 1041, §114
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.8A - Dissemination of intelligence data.

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.
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(55)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.9 - Surveillance data prohibited.

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.
[C75, 77, §749B.9; C79, 81, §692.9]
95 Acts, ch 191, §38; 2006 Acts, ch 1034, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.10 - Rules.

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.
[C75, 77, §749B.10; C79, 81, §692.10; 81 Acts, ch 38, §5]
84 Acts, ch 1145, §3; 95 Acts, ch 191, §39
Referred to in §692.19
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.11 - Education program.

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.
[C75, 77, §749B.11; C79, 81, §692.11]
95 Acts, ch 191, §40
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.12 - Data processing.

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.
[C75, 77, §749B.12; C79, 81, §692.12]
95 Acts, ch 191, §41; 96 Acts, ch 1034, §56
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.13 - Review.

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.
[C75, 77, §749B.13; C79, 81, §692.13]
95 Acts, ch 191, §42
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.14 - Systems for the exchange of criminal history data.

692.14 Systems for the exchange of criminal history data.
1. 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.
2. 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.
[C75, 77, §749B.14; C79, 81, §692.14]
95 Acts, ch 191, §43; 2018 Acts, ch 1041, §127
Referred to in §804.29
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.16 - Review and removal.

692.16 Review and removal.
At least every year the division shall review and determine the current status of all Iowa arrests or takings into custody reported, which are at least four years old with no disposition data.
1. Any Iowa arrest of a person eighteen years of age or older 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.
2. Any arrest or taking of a juvenile into custody recorded within a computer data storage system which has no disposition data after two years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.
[C75, 77, §749B.16; C79, 81, §692.16]
93 Acts, ch 115, §7; 95 Acts, ch 191, §45; 2006 Acts, ch 1034, §2; 2007 Acts, ch 38, §8; 2014 Acts, ch 1105, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.17 - Exclusions — purposes.

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