Bill Text: IA HF2496 | 2021-2022 | 89th General Assembly | Enrolled
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-Enrolled.html
House
File
2496
-
Enrolled
House
File
2496
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
80F.1,
subsection
1,
Code
2022,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
0a.
“Brady-Giglio
list”
means
a
list
compiled
by
a
prosecuting
agency
containing
the
names
and
details
of
officers
who
have
sustained
incidents
of
untruthfulness,
criminal
convictions,
candor
issues,
or
some
other
type
of
issue
which
places
the
officer’s
credibility
into
question.
This
paragraph
is
repealed
July
1,
2023.
NEW
PARAGRAPH
.
0f.
“Prosecuting
agency”
means
the
attorney
general,
an
assistant
attorney
general,
the
county
attorney,
an
assistant
county
attorney,
a
special
prosecutor,
a
city
attorney,
or
an
assistant
city
attorney.
House
File
2496,
p.
2
Sec.
2.
Section
80F.1,
subsection
23,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
An
officer
shall
not
be
discharged,
disciplined,
or
threatened
with
discharge
or
discipline
by
a
state,
county,
or
municipal
law
enforcement
agency
solely
due
to
a
prosecuting
attorney
agency
making
a
determination
or
disclosure
that
exculpatory
evidence
exists
concerning
the
officer.
Sec.
3.
Section
80F.1,
subsection
23,
paragraph
c,
Code
2022,
is
amended
by
striking
the
paragraph.
Sec.
4.
Section
80F.1,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
24.
a.
A
prosecuting
agency
that
maintains
a
Brady-Giglio
list
shall
adopt
a
policy
that,
at
a
minimum,
includes
all
of
the
following:
(1)
The
criteria
used
by
the
prosecuting
agency
to
place
an
officer’s
name
on
a
Brady-Giglio
list.
(2)
The
officer’s
right
to
receive
written
notice
before
the
prosecuting
agency
places
the
officer’s
name
on
a
Brady-Giglio
list,
and
the
officer’s
right
to
provide
input
to
the
prosecuting
agency
before
the
prosecuting
agency
makes
a
determination
of
whether
the
officer’s
name
should
be
placed
on
a
Brady-Giglio
list.
(3)
The
duty
of
the
prosecuting
agency
to
provide
notice
of
the
prosecuting
agency’s
decision
regarding
placement
of
the
officer’s
name
on
a
Brady-Giglio
list.
(4)
The
officer’s
right
to
make
a
request
for
reconsideration
of
the
prosecuting
agency’s
determination
to
include
the
officer’s
name
on
a
Brady-Giglio
list
and
to
submit
supporting
and
corroborating
documents
and
evidence
in
support
of
the
officer’s
request
for
reconsideration.
(5)
The
applicable
time
frame
and
procedures
for
notifying
the
officer
of
the
prosecuting
agency’s
final
decision
on
an
officer’s
request
for
reconsideration.
b.
Before
a
prosecuting
agency
places
an
officer’s
name
on
a
Brady-Giglio
list,
the
prosecuting
agency
shall
send
a
written
notice
by
mail
or
email
to
the
officer’s
current
or
last
known
employment
address.
Upon
receipt
of
the
notice,
and
if
the
officer’s
contact
information
is
known,
the
officer’s
current
or
last
known
employer
shall
provide
the
written
notice
to
the
House
File
2496,
p.
3
officer.
The
written
notice
shall
include,
at
a
minimum,
all
of
the
following:
(1)
A
notice
that
the
officer’s
name
may
be
placed
on
a
Brady-Giglio
list.
(2)
The
officer’s
right
to
request
documents,
records,
and
any
other
evidence
in
the
possession
of
the
prosecuting
agency
relevant
to
the
determination
of
whether
the
officer’s
name
should
be
placed
on
a
Brady-Giglio
list
from
the
prosecuting
agency.
(3)
The
officer’s
right
to
provide
input
to
the
prosecuting
agency
prior
to
the
prosecuting
agency’s
determination
of
whether
the
officer’s
name
should
be
placed
on
a
Brady-Giglio
list.
(4)
The
prosecuting
agency’s
procedural
requirements
for
an
officer
to
provide
input
to
the
prosecuting
agency
prior
to
the
prosecuting
agency’s
determination
of
whether
the
officer’s
name
should
be
placed
on
a
Brady-Giglio
list.
c.
If
the
prosecuting
agency
makes
a
determination
to
place
the
officer’s
name
on
a
Brady-Giglio
list,
the
prosecuting
agency
shall
send
a
written
notice
by
mail
or
email
to
the
officer’s
current
or
last
known
employment
address.
Upon
receipt
of
the
notice,
and
if
the
officer’s
contact
information
is
known,
the
officer’s
current
or
last
known
employer
shall
provide
the
written
notice
to
the
officer.
The
written
notice
shall
include,
at
a
minimum,
all
of
the
following:
(1)
The
officer’s
right
to
make
a
request
to
reconsider
the
allegations
and
the
placement
of
the
officer’s
name
on
a
Brady-Giglio
list.
(2)
The
prosecuting
agency’s
procedural
requirements
for
submitting
a
written
request
for
reconsideration
of
the
prosecuting
agency’s
determination
to
place
the
officer’s
name
on
a
Brady-Giglio
list
including
the
method
and
time
frame
for
submitting
the
request
for
reconsideration
and
any
supporting
and
corroborating
documents
and
evidence
from
any
pertinent
sources.
(3)
A
statement
that,
if
the
officer
intends
to
make
a
request
for
reconsideration,
the
officer
must
submit
the
written
request
for
reconsideration
to
the
prosecuting
agency
within
ten
business
days
after
receiving
the
notice.
House
File
2496,
p.
4
d.
If
an
officer
submits
a
request
for
reconsideration
pursuant
to
this
subsection
and
the
officer’s
request
for
reconsideration
is
approved
by
the
prosecuting
agency
on
its
merits,
the
officer’s
name
shall
be
removed
from
the
Brady-Giglio
list.
If
the
officer’s
request
for
reconsideration
is
denied
by
the
prosecuting
agency,
the
officer’s
name
shall
remain
on
the
Brady-Giglio
list.
If
the
officer
does
not
submit
a
request
for
reconsideration
or
fails
to
comply
with
the
requirements
for
submitting
a
request
for
reconsideration,
the
officer’s
name
shall
remain
on
the
Brady-Giglio
list.
e.
An
officer
whose
name
was
placed
on
a
Brady-Giglio
list
prior
to
the
effective
date
of
this
Act
shall
have
the
right
to
request
reconsideration
as
follows:
(1)
A
prosecuting
agency
shall
notify
the
officer,
within
ninety
days
of
the
effective
date
of
this
Act,
and
provide
the
officer
with
the
information
required
under
paragraph
“c”
.
(2)
Upon
receipt
of
a
notification
from
a
prosecuting
agency
pursuant
to
subparagraph
(1),
an
officer
shall
have
ten
days
to
request
reconsideration.
f.
This
subsection
does
not
limit
the
duty
of
a
prosecuting
agency
to
produce
Brady-Giglio
discovery
evidence
in
all
cases
as
required
by
the
Constitution
of
the
United
States,
the
Constitution
of
the
State
of
Iowa,
and
the
rules
of
criminal
procedure,
including
after
the
initial
placement
of
the
officer’s
name
on
a
Brady-Giglio
list,
while
the
decision
or
a
request
for
reconsideration
is
still
under
consideration.
g.
This
subsection
does
not
limit
or
restrict
a
prosecuting
agency’s
ability
to
remove
an
officer’s
name
from
a
Brady-Giglio
list
if,
upon
receipt
of
additional
supporting
and
corroborating
information
or
a
change
in
factual
circumstances
at
any
time,
the
prosecuting
agency
determines
that
the
officer’s
name
no
longer
requires
placement
on
a
Brady-Giglio
list.
h.
This
subsection
does
not
create
a
private
cause
of
action
against
a
prosecuting
agency
or
an
employee
of
a
prosecuting
agency.
House
File
2496,
p.
5
i.
This
subsection
is
repealed
July
1,
2023.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2496,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
