Bill Text: IA HF2496 | 2021-2022 | 89th General Assembly | Introduced

Iowa House Bill 2496 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: A bill for an act relating to the procedural requirements for placing an officer's name on a Brady-Giglio list, and for a prosecuting agency disclosing exculpatory evidence. (Formerly HSB 701.) Effective date: 07/01/2022.

Spectrum: Committee Bill

Status: (Passed) 2022-06-17 - Signed by Governor. H.J. 944. [HF2496 Detail]

Download: Iowa-2021-HF2496-Introduced.html

House File 2496 - Introduced HOUSE FILE 2496 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 701) A BILL FOR An Act relating to the procedural requirements for placing an 1 officer’s name on a Brady-Giglio list, and for a prosecuting 2 agency disclosing exculpatory evidence. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6172HV (3) 89 as/rh

H.F. 2496 Section 1. Section 80F.1, subsection 1, Code 2022, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . 0a. “Brady-Giglio list” means a list 3 compiled by a prosecuting agency containing the names 4 and details of officers who have sustained incidents of 5 untruthfulness, criminal convictions, candor issues, or some 6 other type of issue which places the officer’s credibility into 7 question. 8 NEW PARAGRAPH . 0f. “Prosecuting agency” means the attorney 9 general, an assistant attorney general, the county attorney, 10 an assistant county attorney, a special prosecutor, a city 11 attorney, or an assistant city attorney. 12 Sec. 2. Section 80F.1, subsection 23, paragraph a, Code 13 2022, is amended to read as follows: 14 a. An officer shall not be discharged, disciplined, or 15 threatened with discharge or discipline by a state, county, or 16 municipal law enforcement agency solely due to a prosecuting 17 attorney agency making a determination or disclosure that 18 exculpatory evidence exists concerning the officer. 19 Sec. 3. Section 80F.1, subsection 23, paragraph c, Code 20 2022, is amended by striking the paragraph. 21 Sec. 4. Section 80F.1, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 24. a. A prosecuting agency that maintains 24 a Brady-Giglio list shall adopt a policy that, at a minimum, 25 includes all of the following: 26 (1) The criteria used by the prosecuting agency to place an 27 officer’s name on a Brady-Giglio list. 28 (2) The officer’s right to receive written notice at least 29 ten days before the prosecuting agency considers placing the 30 officer’s name on a Brady-Giglio list, and the officer’s 31 right to provide input to the prosecuting agency before 32 the prosecuting agency makes a determination of whether the 33 officer’s name should be placed on a Brady-Giglio list. 34 (3) The duty of the prosecuting agency to provide notice of 35 -1- LSB 6172HV (3) 89 as/rh 1/ 8

H.F. 2496 the prosecuting agency’s decision regarding placement of the 1 officer’s name on a Brady-Giglio list. 2 (4) The officer’s right to make a request for 3 reconsideration of the prosecuting agency’s determination to 4 include the officer’s name on a Brady-Giglio list and to submit 5 supporting and corroborating documents and evidence in support 6 of the officer’s request for reconsideration. 7 (5) The applicable time frame and procedures for notifying 8 the officer of the prosecuting agency’s final decision on an 9 officer’s request for reconsideration. 10 (6) The officer’s right to receive written notice at least 11 ten days before the prosecuting agency discloses exculpatory 12 evidence and the officer’s right to request an in camera review 13 before the exculpatory evidence may be disclosed. 14 b. At least ten days before a prosecuting agency considers 15 placing an officer’s name on a Brady-Giglio list, the 16 prosecuting agency shall send a written notice by mail or email 17 to the officer’s current or last known employment address. 18 Upon receipt of the notice, and if the officer’s contact 19 information is known, the officer’s current or last known 20 employer shall provide the written notice to the officer. 21 The written notice shall include, at a minimum, all of the 22 following: 23 (1) A notice that the officer’s name may be placed on a 24 Brady-Giglio list. 25 (2) The officer’s right to request documents, records, and 26 any other evidence in the possession of the prosecuting agency 27 relevant to the determination of whether the officer’s name 28 should be placed on a Brady-Giglio list from the prosecuting 29 agency. 30 (3) The officer’s right to provide input to the prosecuting 31 agency prior to the prosecuting agency’s determination of 32 whether the officer’s name should be placed on a Brady-Giglio 33 list. 34 (4) The prosecuting agency’s procedural requirements for 35 -2- LSB 6172HV (3) 89 as/rh 2/ 8

H.F. 2496 an officer to provide input to the prosecuting agency prior to 1 the prosecuting agency’s determination of whether the officer’s 2 name should be placed on a Brady-Giglio list. 3 c. If the prosecuting agency makes a determination to place 4 the officer’s name on a Brady-Giglio list, the prosecuting 5 agency shall send a written notice by mail or email to the 6 officer’s current or last known employment address. Upon 7 receipt of the notice, and if the officer’s contact information 8 is known, the officer’s current or last known employer shall 9 provide the written notice to the officer. The written notice 10 shall include, at a minimum, all of the following: 11 (1) The officer’s right to make a request to reconsider 12 the allegations and the placement of the officer’s name on a 13 Brady-Giglio list. 14 (2) The prosecuting agency’s procedural requirements 15 for submitting a written request for reconsideration of the 16 prosecuting agency’s determination to place the officer’s name 17 on a Brady-Giglio list including the method and time frame for 18 submitting the request for reconsideration and any supporting 19 and corroborating documents and evidence from any pertinent 20 sources. 21 (3) A statement that, if the officer intends to make a 22 request for reconsideration, the officer must submit the 23 written request for reconsideration to the prosecuting agency 24 within ten business days after receiving the notice. 25 d. If an officer submits a request for reconsideration 26 pursuant to this subsection and the officer’s request 27 for reconsideration is approved by the prosecuting agency 28 on its merits, the officer’s name shall be removed from 29 the Brady-Giglio list. If the officer’s request for 30 reconsideration is denied by the prosecuting agency, the 31 officer’s name shall remain on the Brady-Giglio list. If 32 the officer does not submit a request for reconsideration or 33 fails to comply with the requirements for submitting a request 34 for reconsideration, the officer’s name shall remain on the 35 -3- LSB 6172HV (3) 89 as/rh 3/ 8

H.F. 2496 Brady-Giglio list. 1 e. An officer whose name was placed on a Brady-Giglio list 2 prior to the effective date of this Act shall have the right to 3 request reconsideration as follows: 4 (1) A prosecuting agency shall notify the officer, within 5 ninety days of the effective date of this Act, and provide the 6 officer with the information required under paragraph “c” . 7 (2) Upon receipt of a notification from a prosecuting agency 8 pursuant to subparagraph (1), an officer shall have thirty days 9 to request reconsideration. 10 f. A prosecuting agency shall provide an officer with 11 written notice by mail or email before the prosecuting agency 12 discloses exculpatory evidence. Upon receiving notice, the 13 officer shall have ten days to request an in camera review by 14 the court before the exculpatory evidence may be disclosed. 15 The right to request an in camera review may be waived by the 16 officer. 17 g. This subsection does not limit the duty of a prosecuting 18 agency to produce Brady-Giglio discovery evidence in all cases 19 as required by the Constitution of the United States, the 20 Constitution of the State of Iowa, and the rules of criminal 21 procedure, including after the initial placement of the 22 officer’s name on a Brady-Giglio list, while the decision or a 23 request for reconsideration is still under consideration. 24 h. This subsection does not limit or restrict a prosecuting 25 agency’s ability to remove an officer’s name from a 26 Brady-Giglio list if, upon receipt of additional supporting and 27 corroborating information or a change in factual circumstances 28 at any time, the prosecuting agency determines that the 29 officer’s name no longer requires placement on a Brady-Giglio 30 list. 31 i. This subsection is repealed July 1, 2023. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -4- LSB 6172HV (3) 89 as/rh 4/ 8

H.F. 2496 This bill relates to the procedural requirements for placing 1 an officer’s name on a Brady-Giglio list, and for a prosecuting 2 agency disclosing exculpatory evidence. 3 The bill provides that a prosecuting agency that maintains 4 a Brady-Giglio list (list) shall adopt a policy that, at a 5 minimum, includes all of the following: the criteria used by 6 the prosecuting agency to place an officer’s name on a list, 7 the officer’s right to receive written notice at least 10 days 8 before the prosecuting agency considers placing the officer’s 9 name on a list and the officer’s right to provide input to 10 the prosecuting agency before the prosecuting agency makes a 11 determination of whether the officer’s name should be placed on 12 a list, the duty of the prosecuting agency to provide notice 13 of the prosecuting agency’s decision regarding placement of 14 the officer’s name on a list, the officer’s right to make a 15 request for reconsideration of the determination and to submit 16 supporting and corroborating documents and evidence in support 17 of the officer’s request for reconsideration, the applicable 18 time frame and procedures for notifying the officer of the 19 prosecuting agency’s final decision on the officer’s request 20 for reconsideration, and the officer’s right to receive at 21 least 10 days’ notice before the prosecuting agency discloses 22 exculpatory evidence and the right to request an in camera 23 review before disclosure. 24 The bill provides that at least 10 days before a prosecuting 25 agency considers placing an officer’s name on a list, the 26 prosecuting agency shall send a written notice by mail or email 27 to the officer’s current or last known employment address. 28 If the officer’s contact information is known, the officer’s 29 current or last known employer shall provide the written 30 notice to the officer. The written notice shall include, at a 31 minimum, all of the following: a notice of possible placement 32 on a list; the officer’s right to request relevant materials 33 from the prosecuting agency; the officer’s right to provide 34 input to the prosecuting agency; and the prosecuting agency’s 35 -5- LSB 6172HV (3) 89 as/rh 5/ 8

H.F. 2496 procedural requirements for an officer to provide input. 1 The bill provides that if the prosecuting agency makes 2 a determination to place the officer’s name on a list, the 3 prosecuting agency shall send a written notice by mail or 4 email to the officer’s current or last known employment 5 address. If the officer’s contact information is known, the 6 officer’s current or last known employer shall provide the 7 written notice to the officer. The written notice shall 8 include, at a minimum, all of the following: the officer’s 9 right to make a request to reconsider the allegations and 10 the officer’s placement on a list, the prosecuting agency’s 11 procedural requirements for submitting a written request 12 for reconsideration including the method and time frame for 13 submitting the officer’s request for reconsideration and any 14 supporting and corroborating documents and evidence from 15 any pertinent sources, and a statement that if the officer 16 intends to make a request for reconsideration of the officer’s 17 placement on a list, the officer must submit the written 18 request for reconsideration to the prosecuting agency within 10 19 business days after receiving the notice. 20 The bill provides that if an officer submits a request for 21 reconsideration and the officer’s request for reconsideration 22 is approved by the prosecuting agency on its merits, the 23 officer’s name shall be removed from the list. If the 24 officer’s request for reconsideration is denied by the 25 prosecuting agency, the officer’s name shall remain on 26 the list. If an officer does not submit a request for 27 reconsideration or fails to comply with the requirements for 28 submitting a request for reconsideration, the officer’s name 29 shall remain on the list. 30 The bill provides that an officer whose name was placed on a 31 list prior to the effective date of the bill has the right to 32 request reconsideration as follows: a prosecuting agency shall 33 notify an officer whose name was placed on a list prior to the 34 effective date of the bill, within 90 days of the effective 35 -6- LSB 6172HV (3) 89 as/rh 6/ 8

H.F. 2496 date of the bill, and provide the officer with the information 1 required in the bill; and upon receipt of notification from a 2 prosecuting agency, an officer receiving notice shall have 30 3 days to request reconsideration. 4 The bill provides that a prosecuting agency shall provide 5 an officer with written notice before disclosing exculpatory 6 evidence. The officer shall have 10 days upon receipt of 7 notice to request an in camera review by the court prior to 8 disclosure. 9 The bill does not limit the duty of a prosecuting agency 10 to produce Brady-Giglio discovery evidence in all cases 11 as required by the Constitution of the United States, 12 the Constitution of the State of Iowa, and the Iowa rules 13 of criminal procedure, and does not limit or restrict a 14 prosecuting agency’s ability to remove an officer’s name 15 from a list if, upon receipt of additional supporting and 16 corroborating information or a change in factual circumstances 17 at any time, the prosecuting agency determines that the 18 officer’s name no longer requires placement on a list. 19 The bill defines “Brady-Giglio list” as a list compiled 20 by a prosecuting agency containing the names and details of 21 officers who have sustained incidents of untruthfulness, 22 criminal convictions, candor issues, or some other type of 23 issue which places the officer’s credibility into question. 24 “Prosecuting agency” is defined as the attorney general, an 25 assistant attorney general, the county attorney, an assistant 26 county attorney, a special prosecutor, a city attorney, or an 27 assistant city attorney. 28 The section of the bill relating to the procedural 29 requirements for placing an officer’s name on a list is 30 repealed July 1, 2023. 31 The bill strikes the repeal of Code section 80F.1(23) 32 relating to the prohibition against the discharge, discipline, 33 or threatened discharge of an officer solely due to a 34 prosecuting attorney making a determination or disclosure that 35 -7- LSB 6172HV (3) 89 as/rh 7/ 8