Bill Text: IA HSB709 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to law enforcement officers and reserve peace officers, including the revocation or suspension of certification by the Iowa law enforcement academy council, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications in professional confidence, and including effective date provisions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-13 - Subcommittee: Kaufmann, Bossman and Nielsen. H.J. 257. [HSB709 Detail]

Download: Iowa-2023-HSB709-Introduced.html

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House Study Bill 709 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON BLOOMINGDALE)
A BILL FOR
An Act relating to law enforcement officers and reserve
peace officers, including the revocation or suspension of
certification by the Iowa law enforcement academy council,
administrative investigations under the peace officer,
public safety, and emergency personnel bill of rights, and
communications in professional confidence, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 80B.13A, subsection 1, paragraphs a and
b, Code 2024, are amended to read as follows:
a. “Final” means that all appeals through a grievance
procedure , civil service action, or other cause of action or
procedure available to the officer or civil service have been
exhausted.
b. “Serious misconduct” means improper or illegal actions
taken by a law enforcement officer or reserve peace officer in
connection with the officer’s official duties including but not
limited to a conviction for a felony, fabrication of evidence,
repeated use of excessive force in violation of law , acceptance
of a bribe, or the commission of fraud.
Sec. 2. Section 80B.13A, subsection 2, paragraph c, Code
2024, is amended to read as follows:
c. Left, Knowingly left or voluntarily quit , or been
laid off when the officer was notified of a disciplinary
investigation or action was imminent or pending which could
that would have resulted in the law enforcement officer being
discharged or the reserve peace officer being removed for
serious misconduct, if the council determines that the officer
engaged in serious misconduct.
Sec. 3. Section 80B.13A, subsection 3, unnumbered paragraph
1, Code 2024, is amended to read as follows:
The council may revoke or suspend the certification of a law
enforcement officer or reserve peace officer and may publicly
or privately reprimand a law enforcement officer, reserve peace
officer, or employing agency due to any of the following:
Sec. 4. Section 80B.13A, Code 2024, is amended by adding the
following new subsections:
NEW SUBSECTION . 3A. A decision of the council to revoke
the certification of a law enforcement officer or reserve peace
officer, to suspend a law enforcement officer or reserve peace
officer’s certification, or any other action against an officer
or employing agency shall be made by a majority vote of the
council.
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NEW SUBSECTION . 4A. An action for revocation or suspension
of the certification of a law enforcement officer or reserve
peace officer shall not be maintained by the council unless the
action is commenced within one hundred eighty days from the
date the law enforcement officer or reserve peace officer has
exhausted all actions, appeals, or procedures available to the
officer.
Sec. 5. Section 80B.13A, subsection 4, Code 2024, is amended
to read as follows:
4. a. An employing agency shall notify the council within
ten days of any termination of employment of a law enforcement
officer or appointment as a reserve peace officer. The
notification must state whether the law enforcement officer or
reserve peace officer was discharged or removed for serious
misconduct , or whether the officer left, voluntarily quit, or
was laid off when was notified of a disciplinary investigation
or action was imminent or pending which could that would have
resulted in the officer being discharged or removed for serious
misconduct , whether the officer left or voluntarily quit, and
whether the action taken by the agency is final .
b. If after the employing agency submits a notification
under this subsection, the law enforcement officer or reserve
peace officer exercises any right to hold the decision of an
employing agency in abeyance, appeals, grieves, brings a cause
of action under section 80F.1, subsection 13, or contests the
officer’s termination as provided by law, the employing agency
shall notify the council in writing within ten days of the
filing of such action by the officer.
c. Upon request by the council, the employing agency shall
provide any additional information or documentation about the
officer including confidential records or information under
section 22.7 or other applicable law to the council.
Sec. 6. Section 80F.1, subsection 1, paragraphs c and f,
Code 2024, are amended to read as follows:
c. “Formal administrative investigation” means an
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investigative process ordered by a commanding officer of an
agency or commander’s designee during which the investigation
and questioning of an officer is intended to gather evidence
to determine the merit of a complaint , which may be the basis
for administrative charges seeking the removal, discharge, or
suspension, or other disciplinary action against the officer.
f. “Officer” means a certified law enforcement officer,
fire fighter, emergency medical technician , paramedic,
medical provider , corrections officer, detention officer,
jailer, probation or parole officer, communications officer
public safety telecommunicator, dispatcher , or any other
law enforcement officer certified in training or whose
certification is governed by the Iowa law enforcement academy ,
and employed by a municipality, county, or state agency.
Sec. 7. Section 80F.1, subsection 5, Code 2024, is amended
to read as follows:
5. a. An officer who is the subject of a complaint, shall
at a minimum, be provided a written summary of the complaint
prior to an interview. If a collective bargaining agreement
applies, the complaint or written summary shall be provided
pursuant to the procedures established under the collective
bargaining agreement. If the complaint alleges domestic abuse,
sexual abuse, workplace harassment, or sexual harassment, an
officer shall not receive more than a written summary of the
complaint.
b. Upon written request of the officer or the officer’s
legal counsel, the employing agency shall provide to the
officer or the officer’s legal counsel a complete copy of the
officer’s incident report and the officer’s video or audio
recordings from the incident giving rise to the complaint
without unnecessary delay prior to an interview of the officer.
Nothing in this paragraph shall be construed to constitute a
disclosure of public records.
Sec. 8. Section 622.10, subsection 9, paragraph a, Code
2024, is amended to read as follows:
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a. A peer support group counselor or individual present
for a individual or group crisis intervention who obtains
information from an officer or a civilian employee of a law
enforcement agency , emergency management agency, emergency
medical services agency, or fire department by reason of the
counselor’s capacity as a peer support group counselor or an
individual’s presence for a group crisis intervention shall not
be allowed , in giving testimony, to disclose any confidential
communication properly entrusted to the counselor or individual
present for a group crisis intervention by the officer or
civilian employee while receiving counseling or group crisis
intervention , including in giving testimony .
Sec. 9. Section 622.10, subsection 9, paragraph c,
subparagraphs (1) and (2), Code 2024, are amended to read as
follows:
(1) “Officer” means a certified law enforcement officer,
fire fighter, emergency medical technician or medical provider ,
paramedic, corrections officer, detention officer, jailer,
probation or parole officer, communications officer public
safety telecommunicator , dispatcher, emergency management
coordinator under chapter 29C , or any other law enforcement
officer certified by the Iowa law enforcement academy and
employed by a city, county, or state agency.
(2) “Peer support group counselor” “Peer support counselor”
means a law enforcement officer, fire fighter, civilian
employee of a law enforcement agency or fire department, or a
nonemployee counselor who has been designated as a peer support
group counselor by a sheriff, police chief, fire chief, or
department head of a law enforcement agency, fire department,
or emergency medical services agency , and who has received
training to provide emotional and moral support and counseling
to an officer or group who needs those services as a result of
an incident in which the officer or group was involved while
acting in the officer’s or group’s official capacity.
Sec. 10. EFFECTIVE DATE. This Act, being deemed of
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immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to law enforcement officers and reserve
peace officers, including the revocation or suspension of
certification by the Iowa law enforcement academy council,
administrative investigations under the peace officer,
public safety, and emergency personnel bill of rights, and
communications in professional confidence.
The bill provides that a “final” decision for purposes of
the revocation or suspension of the certification of a law
enforcement officer or peace officer by the council means
that all appeals through a grievance procedure, civil service
action, or other action or procedure available to the officer
have been exhausted, and “serious misconduct” includes the
repeated use of excessive force in violation of law.
The bill provides that the council shall revoke the
certification of a law enforcement officer or reserve peace
officer upon a finding that the law enforcement officer or
reserve peace officer knowingly left or voluntarily quit when
the officer was notified of a disciplinary investigation or
action that would have resulted in the law enforcement officer
being discharged or the reserve peace officer being removed for
serious misconduct, if the council determines that the officer
engaged in serious misconduct.
The bill provides that the council may revoke or suspend
the certification of a law enforcement officer or reserve
peace officer and may publicly or privately reprimand a law
enforcement officer, reserve peace officer, or employing
agency due to any of the following: a violation of any rules
authorized and adopted by the council; when an employing agency
recommends to the council that revocation or suspension would
be appropriate; or when the attorney general recommends that
revocation or suspension would be appropriate.
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The bill amends current law to provide that notification
of the council by an employing agency of any termination of
employment of a law enforcement officer or appointment as a
reserve peace officer must state whether the law enforcement
officer or reserve peace officer was discharged or removed
for serious misconduct, whether the officer was notified
of a disciplinary investigation or action that would have
resulted in the officer being discharged or removed for serious
misconduct, whether the officer left or voluntarily quit, and
whether the action taken by the agency is final.
The bill provides that if a law enforcement officer or
reserve peace officer exercises any right to hold the decision
of an employing agency in abeyance, appeals, grieves, brings a
cause of action under Code section 80F.1(13), or contests the
officer’s termination, the employing agency shall notify the
council in writing within 10 days of the filing of such action
by the officer.
The bill provides that a decision of the council to revoke
the certification of a law enforcement officer or reserve peace
officer, to suspend the certification of a law enforcement
officer or reserve peace officer, or any other action against
an officer or employing agency shall be made by a majority
vote of the council. An action for revocation or suspension
of the certification of a law enforcement officer or reserve
peace officer shall not be maintained by the council unless the
action is commenced within 180 days from the date the council
was notified of the grounds for the revocation or suspension.
The bill amends the definition of “formal administrative
investigation”, in relation to formal administrative
investigations of officers, to include an investigative process
ordered by a commanding officer of an agency or commander’s
designee during which the investigation and questioning of an
officer is intended to gather evidence to determine the merit
of a complaint filed against the officer. The bill amends
the definition of “officer” to include a paramedic, a medical
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provider, a public safety telecommunicator, a dispatcher,
and any other law enforcement officer in training or whose
certification is governed by the Iowa law enforcement academy,
and employed by a municipality, county, or state agency.
The bill provides that upon written request of an officer or
an officer’s legal counsel, the employing agency shall provide
to the officer or the officer’s legal counsel a complete copy
of the officer’s incident report and the officer’s video or
audio recordings from the incident giving rise to the complaint
without unnecessary delay prior to an interview of the officer.
The bill provides that the provision of the report and audio
and video recordings shall not be construed to constitute a
disclosure of public records.
The bill provides that a peer support counselor or
individual present for individual or group crisis intervention
who obtains information from an officer or a civilian employee
of a law enforcement agency, emergency management agency,
emergency medical services agency, or fire department by reason
of the counselor’s capacity as a peer support group counselor
or an individual’s presence for a group crisis intervention
shall not be allowed to disclose any confidential communication
properly entrusted to the counselor or individual present for a
group crisis intervention by the officer or civilian employee
while receiving counseling or group crisis intervention,
including in giving testimony.
The bill takes effect upon enactment.
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