A bill for an act relating to Brady-Giglio list appeals and law enforcement officers’ rights, and providing effective date and applicability provisions.(Formerly SSB 3198 .)

Senate

File

2504

-

Introduced

SENATE

FILE

2504

BY

COMMITTEE

ON

WAYS

AND

MEANS

(SUCCESSOR

TO

SSB

3198)

(COMPANION

TO

HF

2797

BY

COMMITTEE

ON

WAYS

AND

MEANS)

A

BILL

FOR

An

Act

relating

to

Brady-Giglio

list

appeals

and

law

1

enforcement

officers’

rights,

and

providing

effective

date

2

and

applicability

provisions.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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S.F.

2504

Section

1.

Section

80F.1,

subsection

25,

Code

2026,

is

1

amended

to

read

as

follows:

2

25.

An

officer

shall

have

the

right

to

petition

the

3

district

court,

appeal,

or

intervene

in

an

action

regarding

4

a

prosecuting

agency’s

decision

to

place

an

officer

on

a

5

Brady-Giglio

list.

An

officer

placed

on

a

Brady-Giglio

list

6

by

a

prosecuting

agency,

regardless

of

when

such

placement,

7

action,

or

decision

occurred,

shall

have

the

rights

afforded

8

under

this

subsection.

The

district

court

shall

have

9

jurisdiction

over

the

review

of

the

prosecuting

agency’s

10

decision.

The

district

court

shall

perform

an

in

camera

11

review

of

the

evidence

and

may

hold

a

closed

hearing

upon

the

12

request

of

the

officer

or

prosecuting

agency,

or

upon

the

13

court’s

own

motion.

The

district

court

may

affirm,

modify,

14

or

reverse

a

prosecuting

agency’s

decision,

and

issue

orders

15

or

provide

relief,

including

removal

of

the

officer

from

a

16

Brady-Giglio

list,

as

justice

may

require.

Evidence

presented

17

to

the

district

court

shall

be

provided

under

seal

and

kept

18

confidential

unless

otherwise

provided

by

law

and

ordered

19

by

the

district

court.

If

the

court

finds

in

favor

of

the

20

officer

under

this

subsection,

upon

application,

the

court

21

shall

award

the

officer

equitable

relief,

reasonable

attorney

22

fees,

expenses,

and

court

costs.

Any

such

award

shall

be

paid

23

by

the

state

or

the

municipality

or

county

that

employs

or

is

24

responsible

for

the

prosecuting

agency.

25

Sec.

2.

EFFECTIVE

DATE.

This

Act,

being

deemed

of

immediate

26

importance,

takes

effect

upon

enactment.

27

Sec.

3.

RETROACTIVE

APPLICABILITY.

This

Act

applies

28

retroactively

to

the

placement

of

an

officer

on

a

Brady-Giglio

29

list

and

subsequent

proceedings

and

orders

occurring

on

and

30

after

July

1,

2021.

31

EXPLANATION

32

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

33

the

explanation’s

substance

by

the

members

of

the

general

assembly.

34

This

bill

relates

to

Brady-Giglio

list

appeals

and

law

35

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2

S.F.

2504

enforcement

officers’

rights.

1

The

bill

provides

that

an

officer

placed

on

a

Brady-Giglio

2

list

by

a

prosecuting

agency,

regardless

of

when

such

3

placement,

action,

or

decision

occurred,

shall

have

the

rights

4

afforded

under

the

bill.

5

The

bill

provides

that

if

an

officer,

after

appealing

a

6

decision

placing

the

officer

on

a

Brady-Giglio

list,

prevails,

7

the

court

shall

award

the

officer

equitable

relief,

reasonable

8

attorney

fees,

expenses,

and

court

costs.

Any

such

award

shall

9

be

paid

by

the

state

or

the

municipality

or

county

that

employs

10

or

is

responsible

for

the

prosecuting

agency.

11

The

bill

takes

effect

upon

enactment.

12

The

bill

applies

retroactively

to

the

placement

of

an

13

officer

on

a

Brady-Giglio

list

and

subsequent

proceedings

and

14

orders

occurring

on

and

after

July

1,

2021.

15

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