Read the full stored bill text
House
File
2675
-
Introduced
HOUSE
FILE
2675
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
625)
A
BILL
FOR
An
Act
relating
to
the
peace
officer,
public
safety,
and
1
emergency
personnel
bill
of
rights.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
80F.1,
subsections
1,
5,
6,
7,
8,
9,
10,
1
13,
16,
17,
19,
20,
and
25,
Code
2026,
are
amended
to
read
as
2
follows:
3
1.
As
used
in
this
section
,
unless
the
context
otherwise
4
requires:
5
a.
“Brady-Giglio
list”
means
a
list
or
other
information
6
compiled
by
a
prosecuting
agency
containing
the
names
7
and
details
of
officers
who
have
sustained
incidents
of
8
untruthfulness,
criminal
convictions,
candor
issues,
or
some
9
other
type
of
issue
which
that
places
the
officer’s
credibility
10
into
question.
11
b.
“Complaint”
means
a
formal
written
allegation
signed
by
12
the
complainant
or
a
signed
written
statement
by
an
officer
or
13
employee
receiving
an
oral
complaint
stating
the
complainant’s
14
allegation.
15
c.
“Formal
administrative
investigation”
means
an
16
investigative
process
,
based
upon
a
complaint,
ordered
by
a
17
commanding
officer
of
an
agency
or
commander’s
designee
during
18
which
the
questioning
of
an
officer
is
intended
to
gather
19
evidence
to
determine
the
merit
of
a
complaint
which
may
be
the
20
basis
for
seeking
removal,
discharge,
or
suspension,
or
other
21
disciplinary
action
against
the
officer
that,
if
sustained,
22
could
result
in
the
reassignment,
suspension,
demotion,
23
removal,
or
discharge
of
the
officer
who
is
the
subject
of
24
the
complaint.
Reassignment
does
not
include
transfers
or
25
reassignments
based
upon
the
needs
of
the
department,
normal
26
rotations,
or
other
reasons
not
related
to
a
filed
complaint.
27
“Formal
administrative
investigation”
does
not
include
28
actions
against
the
officer
based
solely
upon
the
officer’s
29
probationary
status
without
a
complaint
.
30
d.
“Informal
inquiry”
means
a
meeting
by
supervisory
or
31
command
personnel
with
an
officer
who
is
the
subject
of
an
32
allegation,
for
the
purpose
of
resolving
the
allegation
or
33
determining
whether
a
formal
administrative
investigation
34
should
be
commenced
preliminary
review
of
a
complaint
by
a
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commanding
officer
of
an
agency
or
the
commander’s
designee
1
to
determine
the
seriousness
of
an
alleged
complaint.
If,
2
through
the
preliminary
review,
the
seriousness
of
the
3
allegations
made
in
the
complaint
are
such
that
they
could
4
result
in
the
reassignment,
suspension,
demotion,
removal,
or
5
discharge
of
the
officer
who
is
the
subject
of
the
complaint,
6
the
investigation
shall
transition
to
a
formal
administrative
7
investigation
.
8
e.
“Interview”
means
the
questioning
of
an
officer
who
is
9
the
subject
of
a
complaint
pursuant
to
as
part
of
the
formal
10
administrative
investigation
procedures
of
the
investigating
11
agency,
if
such
a
complaint
may
be
the
basis
for
seeking
12
removal,
discharge,
or
suspension,
or
other
disciplinary
action
13
against
the
officer.
“Interview”
does
not
include
questioning
14
as
part
of
any
informal
inquiry
or
questioning
related
to
minor
15
infractions
of
agency
rules
which
will
not
result
in
removal,
16
discharge,
suspension,
or
other
disciplinary
action
against
the
17
officer
.
An
interview
conducted
under
this
section
shall
not
18
be
construed
to
be
a
hearing.
19
f.
“Officer”
means
a
certified
law
enforcement
officer,
fire
20
fighter,
fire
marshal,
emergency
medical
technician,
paramedic,
21
emergency
medical
care
provider
as
defined
in
section
147A.1,
22
corrections
officer,
detention
officer,
jailer,
probation
or
23
parole
officer,
public
safety
telecommunicator,
or
dispatcher.
24
“Officer”
includes
any
other
fire
fighter
or
law
enforcement
25
officer
who
is
in
training
to
become
certified
,
and
whose
26
certification
is
governed
by
the
Iowa
law
enforcement
academy
27
and
or
state
fire
marshal,
who
is
employed
either
part-time
or
28
full-time
by
a
municipality,
county,
or
state
agency.
29
g.
“Prosecuting
agency”
means
the
attorney
general,
an
30
assistant
attorney
general,
the
county
attorney,
an
assistant
31
county
attorney,
a
special
prosecutor,
a
city
attorney,
or
an
32
assistant
city
attorney.
33
h.
“Statement”
means
the
statement
of
the
officer
who
is
the
34
subject
of
an
allegation
in
response
to
a
complaint.
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5.
a.
An
officer
who
is
the
subject
of
a
complaint,
formal
1
administrative
investigation
shall
,
at
a
minimum,
be
provided
2
with
a
written
summary
of
the
complaint
that
includes
the
3
nature
of
the
complaint
and,
if
known,
the
date
and
location
of
4
the
alleged
misconduct
prior
to
an
interview.
If
a
collective
5
bargaining
agreement
applies,
the
complaint
or
written
summary
6
shall
be
provided
pursuant
to
the
procedures
established
under
7
the
collective
bargaining
agreement.
If
the
complaint
alleges
8
domestic
abuse,
sexual
abuse,
workplace
harassment,
or
sexual
9
harassment,
an
officer
shall
not
receive
more
than
a
written
10
summary
of
the
complaint.
11
b.
The
employing
agency
or
investigating
agency
shall
12
provide,
at
a
minimum,
to
the
officer
who
is
the
subject
of
a
13
complaint
or
the
officer’s
legal
counsel
a
complete
copy
of
14
the
officer’s
incident
report,
the
officer’s
prior
statements,
15
documents
created
by
the
officer
who
is
the
subject
of
the
16
complaint
that
are
directly
related
to
the
complaint,
and
17
the
officer’s
video
or
audio
recordings
from
the
incident
18
giving
rise
to
the
complaint,
without
unnecessary
delay
and
19
at
no
charge,
prior
to
an
interview
of
the
officer
or
any
20
Brady-Giglio
proceeding.
Nothing
in
this
paragraph
shall
be
21
construed
to
constitute
a
disclosure
of
public
records.
22
6.
An
officer
being
interviewed
shall
receive
reasonable
23
notice
of
the
interview.
At
the
beginning
of
the
interview,
24
the
officer
being
interviewed
shall
be
advised
by
the
25
interviewer
that
the
officer
shall
answer
the
questions
and
26
be
advised
that
the
answers
shall
not
be
used
against
the
27
officer
in
any
pending
or
subsequent
criminal
investigation
or
28
proceeding.
29
7.
a.
An
interview
or
hearing
of
an
officer
who
is
30
the
subject
of
the
complaint
shall,
at
a
minimum,
be
audio
31
recorded
,
and
any
interview
or
hearing
shall
be
limited
to
32
those
questions
directly
related
to
the
officer’s
employment.
33
Witness
interviews
should
be
audio
recorded
.
34
b.
An
officer’s
statement
obtained
in
violation
of
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this
subsection
shall
not
be
used
against
the
officer
for
1
disciplinary
action.
2
8.
a.
The
officer
shall
have
the
right
to
have
the
3
assistance
of
legal
counsel,
at
the
officer’s
expense,
during
4
the
interview
of
the
officer
and
during
hearings
or
other
5
disciplinary
or
administrative
proceedings
relating
to
the
6
complaint
,
and
any
Brady-Giglio
hearings
or
proceedings
.
In
7
addition,
the
officer
shall
have
the
right,
at
the
officer’s
8
expense,
unless
otherwise
agreed
upon
with
the
employing
9
agency,
to
have
a
union
representative
present
during
the
10
interview
or
hearing
or,
if
not
a
member
of
a
union,
the
11
officer
shall
have
the
right
to
have
a
designee
present.
12
b.
The
officer’s
legal
counsel,
union
representative,
or
13
employee
representative
shall
not
be
compelled
to
disclose
in
14
any
judicial
proceeding,
nor
be
subject
to
any
investigation
15
or
punitive
action
for
refusing
to
disclose,
any
information
16
received
from
an
officer
under
investigation
or
from
an
17
agent
of
the
officer,
so
long
as
the
officer
or
agent
of
the
18
officer
is
an
uninvolved
party
and
not
considered
a
witness
19
to
any
incident.
The
officer’s
legal
counsel
may
coordinate
20
and
communicate
in
confidence
with
the
officer’s
designated
21
union
representative
or
employee
representative,
and
such
22
communications
are
not
subject
to
discovery
in
any
proceeding.
23
9.
If
a
formal
administrative
investigation
results
in
24
the
removal,
discharge,
or
suspension,
or
other
disciplinary
25
action
against
an
officer,
copies
of
any
witness
statements
26
and
the
complete
investigative
agency’s
report
shall
be
timely
27
provided
to
the
officer
upon
the
request
of
the
officer
or
28
the
officer’s
legal
counsel
upon
request
at
the
completion
29
of
the
investigation
Upon
written
request,
an
officer
who
is
30
the
subject
of
the
formal
administrative
investigation
or
the
31
officer’s
legal
counsel
shall
be
timely
provided
with
the
32
written
complaint,
copies
of
any
witness
statements,
and
the
33
investigative
agency’s
complete
investigative
report
at
the
end
34
of
the
investigation
or
before
the
prediscipline
hearing
or
any
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Brady-Giglio
hearing
or
proceeding
at
no
charge
.
1
10.
An
interview
shall
be
conducted
at
any
facility
of
2
the
investigating
agency
designated
by
the
employer,
and
at
a
3
reasonable
time
.
4
13.
An
officer
shall
have
the
right
to
bring
a
cause
of
5
action
against
any
person
as
defined
in
section
4.1,
subsection
6
20,
including
but
not
limited
to
the
employing
agency
,
group
7
of
persons,
organization,
or
corporation
for
damages
arising
8
from
the
filing
of
a
knowingly
false
complaint
against
the
9
officer
or
any
other
violation
of
this
chapter
including
but
10
not
limited
to
actual
damages,
court
costs,
and
reasonable
11
attorney
fees.
12
16.
An
officer
shall
not
be
discharged,
disciplined,
or
13
threatened
with
discharge
or
discipline
without
just
cause
14
or
in
retaliation
for
exercising
the
rights
of
the
officer
15
enumerated
in
this
section
,
chapters
17A,
80,
341A,
or
400,
or
16
as
otherwise
provided
by
law
or
contract
.
17
17.
The
rights
enumerated
in
this
section
chapter
are
in
18
addition
to
any
other
rights
,
privileges,
actions,
or
remedies
19
granted
pursuant
to
a
collective
bargaining
agreement
or
other
20
applicable
law.
21
19.
If
a
formal
administrative
investigation
results
in
22
removal,
discharge,
suspension,
or
disciplinary
action
against
23
reassignment,
suspension,
demotion,
removal,
or
discharge
of
24
an
officer,
and
the
officer
alleges
in
writing
a
violation
25
of
the
provisions
of
this
section
,
the
municipality,
county,
26
or
state
agency
employing
the
officer
shall
hold
in
abeyance
27
for
a
period
of
ten
days
any
punitive
action
taken
as
a
result
28
of
the
investigation,
including
a
reprimand.
An
allegation
29
of
a
violation
of
this
section
may
be
raised
and
given
due
30
consideration
in
any
properly
authorized
grievance
or
appeal
31
exercised
by
an
officer,
including
but
not
limited
to
a
32
grievance
or
appeal
exercised
pursuant
to
the
terms
of
an
33
applicable
collective
bargaining
agreement
and
an
appeal
right
34
exercised
under
section
341A.12
or
400.20
.
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20.
The
employing
agency
shall
keep
an
officer’s
the
1
statement,
recordings,
or
transcripts
of
any
interviews
or
2
disciplinary
proceedings,
and
any
complaints
made
against
3
an
officer
who
is
the
subject
of
a
complaint
confidential
4
unless
otherwise
provided
by
law
or
with
the
officer’s
written
5
consent.
Nothing
in
this
section
prohibits
the
release
of
6
an
officer’s
statement,
recordings,
or
transcripts
of
any
7
interviews
or
disciplinary
proceedings,
and
any
complaints
8
made
against
an
officer
to
the
officer
or
the
officer’s
legal
9
counsel
upon
the
officer’s
request.
10
25.
An
officer
shall
have
the
right
to
petition
the
11
district
court,
appeal,
or
intervene
in
an
action
regarding
12
a
prosecuting
agency’s
decision
to
place
an
officer
on
a
13
Brady-Giglio
list.
An
officer
placed
on
a
Brady-Giglio
14
list
by
a
prosecuting
attorney,
regardless
of
when
such
15
placement,
action,
or
decision
occurred,
shall
have
the
16
rights
afforded
under
this
subsection.
The
district
court
17
shall
have
jurisdiction
over
the
review
of
the
prosecuting
18
agency’s
decision.
The
district
court
shall
perform
an
in
19
camera
review
of
the
evidence
and
may
hold
a
closed
hearing
20
upon
the
request
of
the
officer
or
prosecuting
agency,
or
upon
21
the
court’s
own
motion.
Evidence
presented
to
the
district
22
court
shall
be
provided
under
seal
and
kept
confidential
unless
23
otherwise
provided
by
law
and
ordered
by
the
district
court.
24
The
district
court
may
affirm,
modify,
or
reverse
a
prosecuting
25
agency’s
decision,
and
issue
orders
or
provide
relief,
26
including
removal
of
the
officer
from
a
Brady-Giglio
list
or
27
other
equitable
relief
,
as
justice
may
require.
Evidence
28
presented
to
the
district
court
shall
be
provided
under
seal
29
and
kept
confidential
unless
otherwise
provided
by
law
and
30
ordered
by
the
district
court
A
final
decision
of
the
district
31
court
may
be
appealed
to
the
supreme
court
within
thirty
days.
32
A
prosecuting
agency
or
employee
of
a
prosecuting
agency
33
shall
be
immune
from
money
damages
for
an
action
under
this
34
section.
If
the
district
court
finds
in
favor
of
the
officer
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under
this
subsection,
upon
application,
the
district
court
1
shall
award
the
officer
equitable
relief,
reasonable
attorney
2
fees,
expenses,
and
court
costs.
This
subsection
applies
3
retroactively
to
July
1,
2021
.
4
Sec.
2.
Section
80F.1,
Code
2026,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
9A.
Any
officer
may
consent
to
the
release
7
of
any
and
all
records
held
by
the
agency
related
to
the
8
officer’s
employment
and
the
agency
shall
provide
such
records.
9
NEW
SUBSECTION
.
26.
A
prosecuting
agency
shall
fairly
10
and
impartially
make
good
faith
decisions
regarding
the
11
placement
of
any
officer
on
a
Brady-Giglio
list
or
making
any
12
Brady-Giglio
disclosure.
13
NEW
SUBSECTION
.
27.
The
district
court
shall
have
14
jurisdiction
over
actions
brought
under
this
chapter.
The
15
burden
of
proof
to
sustain
an
allegation
or
administrative
16
charge
resulting
in
the
placement
of
an
officer’s
name
on
a
17
Brady-Giglio
list
shall
be
by
clear
and
convincing
evidence.
18
A
final
decision
of
the
district
court
may
be
appealed
to
the
19
supreme
court
within
thirty
days.
20
NEW
SUBSECTION
.
28.
A
complaint
against
an
officer
shall
21
be
made
within
a
reasonable
period
of
time
from
the
date
when
22
the
complainant
knew
or
should
have
known
of
the
officer’s
act
23
or
omission.
24
NEW
SUBSECTION
.
29.
An
employing
agency,
investigating
25
agency,
or
prosecuting
agency
shall
not
require
an
officer
to
26
produce
or
disclose
the
officer’s
personal
records,
including
27
financial
or
electronic
device
records,
except
pursuant
to
a
28
valid
search
warrant
or
subpoena.
29
NEW
SUBSECTION
.
30.
An
officer
shall
not
be
compelled
or
30
coerced
to
make
any
statement
or
answer
any
questions
regarding
31
privileged
information.
32
NEW
SUBSECTION
.
31.
An
employing
agency,
investigating
33
agency,
or
prosecuting
agency
shall
not
withhold
exculpatory
34
evidence
from
an
officer
who
is
the
subject
of
a
formal
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administrative
investigation.
1
NEW
SUBSECTION
.
32.
The
burden
of
proof
to
sustain
2
an
allegation,
complaint,
or
administrative
charge
of
3
untruthfulness,
dishonesty,
or
other
grounds
for
action
4
or
placement
on
a
Brady-Giglio
list
shall
be
by
clear
and
5
convincing
evidence.
6
Sec.
3.
Section
80F.1,
subsection
24,
paragraph
i,
Code
7
2026,
is
amended
by
striking
the
paragraph.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
peace
officer,
public
safety,
and
12
emergency
personnel
bill
of
rights.
13
The
bill
amends
the
definition
of
“formal
administrative
14
investigation”
to
mean
an
investigative
process,
based
upon
15
a
complaint,
ordered
by
a
commanding
officer
of
an
agency
or
16
commander’s
designee
that,
if
sustained,
could
result
in
the
17
reassignment,
suspension,
demotion,
removal,
or
discharge
of
18
the
officer
who
is
the
subject
of
the
complaint.
Reassignment
19
does
not
include
transfers
or
reassignments
based
upon
the
20
needs
of
the
department,
normal
rotations,
or
other
reasons
21
not
related
to
a
filed
complaint.
“Formal
administrative
22
investigation”
does
not
include
actions
against
the
officer
23
based
solely
upon
the
officer’s
probationary
status
without
a
24
complaint.
The
definition
of
“informal
inquiry”
is
amended
25
to
mean
a
preliminary
review
of
a
complaint
by
a
commanding
26
officer
of
an
agency
or
the
commander’s
designee
to
determine
27
the
seriousness
of
an
alleged
complaint.
If,
through
the
28
preliminary
review,
the
seriousness
of
the
allegations
made
29
in
the
complaint
are
such
that
they
could
result
in
the
30
reassignment,
suspension,
demotion,
removal,
or
discharge
31
of
the
officer
who
is
the
subject
of
the
complaint,
the
32
investigation
shall
transition
to
a
formal
administrative
33
investigation.
34
The
bill
provides
that
an
officer
who
is
the
subject
of
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a
formal
administrative
investigation
must,
at
a
minimum,
1
be
provided
with
a
written
summary
of
the
complaint
that
2
includes
the
nature
of
the
complaint
and,
if
known,
the
3
date
and
location
of
the
alleged
misconduct
prior
to
an
4
interview.
The
employing
agency
or
investigating
agency
must
5
provide
to
the
officer
who
is
the
subject
of
a
complaint
or
6
the
officer’s
legal
counsel
a
complete
copy
of
the
officer’s
7
incident
report,
the
officer’s
prior
statements,
documents
8
created
by
the
officer
who
is
the
subject
of
the
complaint
9
that
are
directly
related
to
the
complaint,
and
the
officer’s
10
video
or
audio
recordings
from
the
incident
giving
rise
to
11
the
complaint,
without
unnecessary
delay
and
at
no
charge,
12
prior
to
an
interview
of
the
officer
or
any
Brady-Giglio
13
proceeding.
Nothing
in
this
provision
of
the
bill
shall
be
14
construed
to
constitute
a
disclosure
of
public
records.
An
15
officer
being
interviewed
must
receive
reasonable
notice
of
16
the
interview.
An
interview
or
hearing
of
an
officer
shall
17
be
audio
recorded,
and
any
interview
or
hearing
shall
be
18
limited
to
those
questions
directly
related
to
the
officer’s
19
employment.
Witness
interviews
should
be
audio
recorded.
An
20
officer’s
statement
obtained
in
violation
of
the
bill
may
not
21
be
used
against
the
officer
for
disciplinary
action.
22
The
bill
provides
that
upon
written
request,
an
officer
who
23
is
the
subject
of
the
formal
administrative
investigation
or
24
the
officer’s
legal
counsel
shall
be
timely
provided
with
the
25
written
complaint,
copies
of
any
witness
statements,
and
the
26
investigative
agency’s
complete
investigative
report
at
the
end
27
of
the
investigation
or
before
the
prediscipline
hearing
or
any
28
Brady-Giglio
hearing
or
proceeding
at
no
charge.
29
The
bill
provides
that
evidence
presented
to
the
district
30
court
shall
be
provided
under
seal
and
kept
confidential
unless
31
otherwise
provided
by
law
and
ordered
by
the
district
court.
32
A
final
decision
of
the
district
court
may
be
appealed
to
the
33
supreme
court
within
30
days.
A
prosecuting
agency
or
employee
34
of
a
prosecuting
agency
shall
be
immune
from
money
damages
for
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an
action
under
the
bill.
If
the
district
court
finds
in
favor
1
of
the
officer,
upon
application,
the
district
court
shall
2
award
the
officer
equitable
relief,
reasonable
attorney
fees,
3
expenses,
and
court
costs.
This
provision
of
the
bill
applies
4
retroactively
to
July
1,
2021.
5
The
bill
provides
that
any
officer
may
consent
to
the
release
6
of
any
and
all
records
held
by
the
agency
related
to
the
7
officer’s
employment
and
the
agency
shall
provide
such
records.
8
The
bill
requires
a
prosecuting
agency
to
fairly
and
9
impartially
make
good
faith
decisions
regarding
the
10
placement
of
any
officer
on
a
Brady-Giglio
list
or
making
any
11
Brady-Giglio
disclosure.
12
The
bill
provides
the
district
court
shall
have
jurisdiction
13
over
actions
brought
under
the
bill.
The
burden
of
proof
to
14
sustain
an
allegation
or
administrative
charge
resulting
in
the
15
placement
of
an
officer’s
name
on
a
Brady-Giglio
list
shall
16
be
by
clear
and
convincing
evidence.
A
final
decision
of
the
17
district
court
may
be
appealed
to
the
supreme
court
within
30
18
days.
19
The
bill
requires
a
complaint
against
an
officer
to
be
made
20
within
a
reasonable
period
of
time
from
the
date
when
the
21
complainant
knew
or
should
have
known
of
the
officer’s
act
22
or
omission.
An
employing
agency,
investigating
agency,
or
23
prosecuting
agency
shall
not
require
an
officer
to
produce
or
24
disclose
the
officer’s
personal
records,
including
financial
25
or
electronic
device
records,
except
pursuant
to
a
valid
26
search
warrant
or
subpoena.
An
officer
shall
not
be
compelled
27
or
coerced
to
make
any
statement
or
answer
any
questions
28
regarding
privileged
information.
An
employing
agency,
29
investigating
agency,
or
prosecuting
agency
shall
not
withhold
30
exculpatory
evidence
from
an
officer
who
is
the
subject
of
a
31
formal
administrative
investigation.
The
bill
provides
that
32
the
burden
of
proof
to
sustain
an
allegation,
complaint,
or
33
administrative
charge
of
untruthfulness,
dishonesty,
or
other
34
grounds
for
action
or
placement
on
a
Brady-Giglio
list
shall
be
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by
clear
and
convincing
evidence.
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