Bill Text: IA HSB738 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement, including the enforcement of state, local, and municipal laws at regents institutions, personal injury or illness of a peace officer employed by a regents institution, the revocation or suspension of a law enforcement officer's or reserve peace officer's certification, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications in professional confidence.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-19 - Subcommittee recommends passage. Vote Total: 3-0. [HSB738 Detail]
Download: Iowa-2023-HSB738-Introduced.html
House
Study
Bill
738
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
law
enforcement,
including
the
enforcement
1
of
state,
local,
and
municipal
laws
at
regents
institutions,
2
personal
injury
or
illness
of
a
peace
officer
employed
by
3
a
regents
institution,
the
revocation
or
suspension
of
4
a
law
enforcement
officer’s
or
reserve
peace
officer’s
5
certification,
administrative
investigations
under
the
peace
6
officer,
public
safety,
and
emergency
personnel
bill
of
7
rights,
and
communications
in
professional
confidence.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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_____
DIVISION
I
1
ENFORCEMENT
OF
STATE,
LOCAL,
AND
MUNICIPAL
LAWS
2
Section
1.
Section
27B.1,
Code
2024,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
3.
“Regents
institution”
means
the
state
5
university
of
Iowa,
Iowa
state
university
of
science
and
6
technology,
or
the
university
of
northern
Iowa.
“Regents
7
institution”
includes
an
appointed
official,
officer,
or
8
employee
of
a
division,
department,
or
other
body
that
is
9
part
of
a
regents
institution,
including
but
not
limited
to
10
the
department
of
public
safety,
human
resources,
or
general
11
counsel.
12
Sec.
2.
Section
27B.2,
Code
2024,
is
amended
to
read
as
13
follows:
14
27B.2
Restriction
on
enforcement
of
state,
local,
and
15
municipal
law
prohibited.
16
A
local
entity
,
regents
institution,
or
law
enforcement
17
department
shall
not
adopt
or
enforce
a
policy
or
take
any
18
other
action
under
which
the
local
entity
,
regents
institution,
19
or
law
enforcement
department
prohibits
or
discourages
the
20
enforcement
of
state,
local,
or
municipal
laws.
21
Sec.
3.
Section
27B.4,
Code
2024,
is
amended
to
read
as
22
follows:
23
27B.4
Complaints
——
notification
——
civil
action.
24
1.
Any
person
may
file
a
complaint
with
the
attorney
25
general
alleging
that
a
local
entity
or
regents
institution
26
has
violated
or
is
violating
this
chapter
if
the
person
offers
27
evidence
to
support
such
an
allegation.
The
person
shall
28
include
with
the
complaint
any
evidence
the
person
has
in
29
support
of
the
complaint.
30
2.
The
attorney
general
shall
review
the
complaint
and
31
any
evidence
in
support
of
the
complaint.
A
local
entity
32
or
regents
institution
for
which
the
attorney
general
has
33
received
a
complaint
pursuant
to
this
section
shall
comply
34
with
any
reasonable
document
requests,
including
a
request
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for
supporting
documents,
from
the
attorney
general
relating
1
to
the
complaint.
The
attorney
general
shall
maintain
the
2
confidentiality
of
all
information
and
records
of
a
local
3
entity
or
regents
institution
produced
in
response
to
a
4
document
request
relating
to
the
complaint
unless
otherwise
5
provided
by
law
or
a
court
order.
6
3.
A
complaint
filed
pursuant
to
subsection
1
shall
not
be
7
valid
unless
the
attorney
general
determines
that
a
violation
8
of
this
chapter
by
a
local
entity
or
regents
institution
was
9
intentional
or
in
reckless
disregard
for
public
safety
.
10
4.
If
the
attorney
general
determines
that
a
complaint
filed
11
pursuant
to
this
section
against
a
local
entity
or
regents
12
institution
is
valid,
the
attorney
general,
not
later
than
ten
13
days
after
the
date
of
such
a
determination,
shall
provide
14
written
notification
to
the
local
entity
or
regents
institution
15
by
certified
mail,
with
return
receipt
requested,
stating
all
16
of
the
following:
17
a.
A
complaint
pursuant
to
this
section
has
been
filed
and
18
the
grounds
for
the
complaint.
19
b.
The
attorney
general
has
determined
that
the
complaint
is
20
valid.
21
c.
The
attorney
general
is
authorized
to
file
a
civil
22
action
in
district
court
pursuant
to
subsection
6
to
enjoin
a
23
violation
of
this
chapter
no
later
than
forty
days
after
the
24
date
on
which
the
notification
is
received
if
the
local
entity
25
or
regents
institution
does
not
come
into
compliance
with
the
26
requirements
of
this
chapter
.
27
d.
The
local
entity
or
regents
institution
and
any
entity
28
that
is
under
the
jurisdiction
of
the
local
entity
or
regents
29
institution
will
be
denied
state
funds
pursuant
to
section
30
27B.5
for
the
state
fiscal
year
following
the
year
in
which
a
31
final
judicial
determination
in
a
civil
action
brought
under
32
this
section
is
made.
33
5.
No
later
than
thirty
days
after
the
date
on
which
a
local
34
entity
or
regents
institution
receives
written
notification
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under
subsection
4
,
the
local
entity
or
regents
institution
1
shall
provide
the
attorney
general
with
all
of
the
following:
2
a.
Copies
of
all
of
the
local
entity’s
or
regents
3
institution’s
written
policies
relating
to
the
complaint.
4
b.
A
description
of
all
actions
the
local
entity
or
regents
5
institution
has
taken
or
will
take
to
correct
any
violations
of
6
this
chapter
.
7
c.
If
applicable,
any
evidence
that
would
refute
the
8
allegations
made
in
the
complaint.
9
6.
No
later
than
forty
days
after
the
date
on
which
the
10
notification
pursuant
to
subsection
4
is
received,
the
attorney
11
general
shall
file
a
civil
action
in
district
court
to
enjoin
12
any
ongoing
violation
of
this
chapter
by
a
local
entity
or
13
regents
institution
.
14
7.
The
district
court
shall
have
jurisdiction
over
an
action
15
brought
pursuant
to
this
section.
The
attorney
general
shall
16
have
the
burden
of
proof
by
a
preponderance
of
the
evidence
to
17
establish
a
violation
of
this
chapter.
18
Sec.
4.
Section
27B.6,
subsections
1,
2,
and
5,
Code
2024,
19
are
amended
to
read
as
follows:
20
1.
Except
as
provided
by
subsection
5
,
no
earlier
than
21
ninety
days
after
the
date
of
a
final
judicial
determination
22
that
a
local
entity
or
regents
institution
has
intentionally
23
violated
the
provisions
of
this
chapter
,
the
local
entity
or
24
regents
institution
may
petition
the
district
court
that
heard
25
the
civil
action
brought
pursuant
to
section
27B.4,
subsection
26
6
,
to
seek
a
declaratory
judgment
that
the
local
entity
or
27
regents
institution
is
in
full
compliance
with
this
chapter
.
28
2.
A
local
entity
or
regents
institution
that
petitions
29
the
court
as
described
by
subsection
1
shall
comply
with
30
any
document
requests,
including
a
request
for
supporting
31
documents,
from
the
attorney
general
relating
to
the
action.
32
5.
A
local
entity
or
regents
institution
may
petition
the
33
court
as
described
in
subsection
1
before
the
date
provided
in
34
subsection
1
if
the
person
who
was
the
director
or
other
chief
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officer
of
the
local
entity
or
regents
institution
at
the
time
1
of
the
violation
of
this
chapter
is
subsequently
removed
from
2
or
otherwise
leaves
office
or
employment
.
3
Sec.
5.
NEW
SECTION
.
27B.8
Good-faith
complaint
——
no
4
retaliation.
5
A
local
entity
or
regents
institution
shall
not
blacklist
6
or
retaliate
against
an
employee
or
official
who
makes
7
a
good-faith
complaint
under
this
chapter
or
who
gives
a
8
statement
or
testimony
in
proceedings
related
to
the
complaint
9
or
action.
A
local
entity
or
regents
institution
that
10
retaliates
against
an
employee
who
makes
a
good-faith
complaint
11
under
this
chapter
is
liable
to
an
aggrieved
employee
for
12
affirmative
relief
including
reinstatement,
civil
damages,
13
and
any
other
equitable
relief
the
court
deems
appropriate,
14
including
attorney
fees
and
costs.
15
DIVISION
II
16
PERSONAL
INJURY
OR
ILLNESS
——
PEACE
OFFICERS
AT
REGENTS
17
INSTITUTIONS
18
Sec.
6.
NEW
SECTION
.
262.13A
Peace
officers
——
personal
19
injury
or
illness.
20
A
regents
institution
employing
a
peace
officer
who
sustains
21
a
personal
injury
or
illness
that
arises
out
of
and
in
the
22
course
of
employment
shall
not
remove,
discharge,
involuntarily
23
transfer,
or
take
adverse
employment
action
against
the
peace
24
officer
due
to
temporary
or
permanent
restrictions
that
limit
25
or
prohibit
the
peace
officer
from
working
special
events,
26
overtime,
or
a
specific
shift
provided
the
peace
officer
is
27
able
to
work
any
regular
shift
with
or
without
reasonable
28
accommodations.
29
DIVISION
III
30
IOWA
LAW
ENFORCEMENT
ACADEMY
——
REVOCATION
OR
SUSPENSION
OF
31
CERTIFICATION
32
Sec.
7.
Section
80B.13A,
subsection
1,
paragraphs
a
and
b,
33
Code
2024,
are
amended
to
read
as
follows:
34
a.
“Final”
means
that
all
appeals
through
a
grievance
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procedure
,
civil
service
action,
or
other
cause
of
action
or
1
procedure
available
to
the
officer
or
civil
service
have
been
2
exhausted.
3
b.
“Serious
misconduct”
means
improper
or
illegal
actions
4
taken
by
a
law
enforcement
officer
or
reserve
peace
officer
in
5
connection
with
the
officer’s
official
duties
including
but
not
6
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
7
repeated
use
of
excessive
force
in
violation
of
law
,
acceptance
8
of
a
bribe,
or
the
commission
of
fraud.
9
Sec.
8.
Section
80B.13A,
subsection
2,
paragraph
c,
Code
10
2024,
is
amended
to
read
as
follows:
11
c.
Left,
Knowingly
left
or
voluntarily
quit
,
or
been
12
laid
off
when
the
officer
was
notified
of
a
disciplinary
13
investigation
or
action
was
imminent
or
pending
which
could
14
that
would
have
resulted
in
the
law
enforcement
officer
being
15
discharged
or
the
reserve
peace
officer
being
removed
for
16
serious
misconduct,
if
the
council
determines
that
the
officer
17
engaged
in
serious
misconduct.
18
Sec.
9.
Section
80B.13A,
subsection
3,
unnumbered
paragraph
19
1,
Code
2024,
is
amended
to
read
as
follows:
20
The
council
may
revoke
or
suspend
the
certification
of
a
law
21
enforcement
officer
or
reserve
peace
officer
and
may
publicly
22
or
privately
reprimand
a
law
enforcement
officer,
reserve
peace
23
officer,
or
employing
agency
due
to
any
of
the
following:
24
Sec.
10.
Section
80B.13A,
Code
2024,
is
amended
by
adding
25
the
following
new
subsections:
26
NEW
SUBSECTION
.
3A.
A
decision
of
the
council
to
revoke
27
the
certification
of
a
law
enforcement
officer
or
reserve
peace
28
officer,
to
suspend
a
law
enforcement
officer
or
reserve
peace
29
officer’s
certification,
or
any
other
action
against
an
officer
30
or
employing
agency
shall
be
made
by
a
majority
vote
of
the
31
council.
32
NEW
SUBSECTION
.
4A.
An
action
for
revocation
or
suspension
33
of
the
certification
of
a
law
enforcement
officer
or
reserve
34
peace
officer
shall
not
be
maintained
by
the
council
unless
the
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action
is
commenced
within
one
hundred
eighty
days
from
the
1
date
the
law
enforcement
officer
or
reserve
peace
officer
has
2
exhausted
all
actions,
appeals,
or
procedures
available
to
the
3
officer.
4
Sec.
11.
Section
80B.13A,
subsection
4,
Code
2024,
is
5
amended
to
read
as
follows:
6
4.
a.
An
employing
agency
shall
notify
the
council
within
7
ten
days
of
any
termination
of
employment
of
a
law
enforcement
8
officer
or
appointment
as
a
reserve
peace
officer.
The
9
notification
must
state
whether
the
law
enforcement
officer
or
10
reserve
peace
officer
was
discharged
or
removed
for
serious
11
misconduct
,
or
whether
the
officer
left,
voluntarily
quit,
or
12
was
laid
off
when
was
notified
of
a
disciplinary
investigation
13
or
action
was
imminent
or
pending
which
could
that
would
have
14
resulted
in
the
officer
being
discharged
or
removed
for
serious
15
misconduct
,
whether
the
officer
left
or
voluntarily
quit,
and
16
whether
the
action
taken
by
the
agency
is
final
.
17
b.
If
after
the
employing
agency
submits
a
notification
18
under
this
subsection,
the
law
enforcement
officer
or
reserve
19
peace
officer
exercises
any
right
to
hold
the
decision
of
an
20
employing
agency
in
abeyance,
appeals,
grieves,
brings
a
cause
21
of
action
under
section
80F.1,
subsection
13,
or
contests
the
22
officer’s
termination
as
provided
by
law,
the
employing
agency
23
shall
notify
the
council
in
writing
within
ten
days
of
the
24
filing
of
such
action
by
the
officer.
25
c.
Upon
request
by
the
council,
the
employing
agency
shall
26
provide
any
additional
information
or
documentation
about
the
27
officer
including
confidential
records
or
information
under
28
section
22.7
or
other
applicable
law
to
the
council.
29
DIVISION
IV
30
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
OF
31
RIGHTS
——
ADMINISTRATIVE
INVESTIGATIONS
32
Sec.
12.
Section
80F.1,
subsection
1,
paragraphs
c,
e,
and
33
f,
Code
2024,
are
amended
to
read
as
follows:
34
c.
“Formal
administrative
investigation”
means
an
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investigative
process
ordered
by
a
commanding
officer
of
an
1
agency
or
commander’s
designee
during
which
the
investigation
2
and
questioning
of
an
officer
is
intended
to
gather
evidence
3
to
determine
the
merit
of
a
complaint
,
which
may
be
the
basis
4
for
administrative
charges
seeking
the
removal,
discharge,
or
5
suspension,
or
other
disciplinary
action
against
the
officer.
6
e.
“Interview”
means
the
questioning
of
an
officer
7
who
is
the
subject
of
a
complaint
pursuant
to
the
formal
8
administrative
investigation
procedures
of
the
investigating
9
agency,
if
such
a
complaint
may
be
the
basis
for
seeking
10
removal,
discharge,
or
suspension,
or
other
disciplinary
action
11
against
the
officer.
“Interview”
does
not
include
questioning
12
as
part
of
any
informal
inquiry
or
questioning
related
to
minor
13
infractions
of
agency
rules
which
will
not
result
in
removal,
14
discharge,
suspension,
or
other
disciplinary
action
against
the
15
officer.
An
interview
conducted
under
this
section
shall
not
16
be
construed
to
be
a
hearing.
17
f.
“Officer”
means
a
certified
law
enforcement
officer,
18
fire
fighter,
emergency
medical
technician
,
paramedic,
19
medical
provider
,
corrections
officer,
detention
officer,
20
jailer,
probation
or
parole
officer,
communications
officer
21
public
safety
telecommunicator,
dispatcher
,
or
any
other
22
law
enforcement
officer
certified
in
training
or
whose
23
certification
is
governed
by
the
Iowa
law
enforcement
academy
,
24
and
who
is
employed
by
a
municipality,
county,
or
state
agency.
25
Sec.
13.
Section
80F.1,
subsections
5
and
13,
Code
2024,
are
26
amended
to
read
as
follows:
27
5.
a.
An
officer
who
is
the
subject
of
a
complaint,
shall
28
at
a
minimum,
be
provided
a
written
summary
of
the
complaint
29
prior
to
an
interview.
If
a
collective
bargaining
agreement
30
applies,
the
complaint
or
written
summary
shall
be
provided
31
pursuant
to
the
procedures
established
under
the
collective
32
bargaining
agreement.
If
the
complaint
alleges
domestic
abuse,
33
sexual
abuse,
workplace
harassment,
or
sexual
harassment,
an
34
officer
shall
not
receive
more
than
a
written
summary
of
the
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complaint.
1
b.
Upon
written
request
of
the
officer
or
the
officer’s
2
legal
counsel,
the
employing
agency
shall
provide
to
the
3
officer
or
the
officer’s
legal
counsel
a
complete
copy
of
the
4
officer’s
incident
report
and
the
officer’s
video
or
audio
5
recordings
from
the
incident
giving
rise
to
the
complaint
6
without
unnecessary
delay
prior
to
an
interview
of
the
officer.
7
Nothing
in
this
paragraph
shall
be
construed
to
constitute
8
a
disclosure
of
public
records.
The
employing
agency
shall
9
not
charge
the
officer,
officer’s
legal
counsel,
or
employee
10
representative
a
fee
for
providing
the
reports
and
recordings
11
required
by
this
subsection.
12
13.
An
officer
shall
have
the
right
to
bring
a
cause
of
13
action
against
any
person,
group
of
persons,
organization,
or
14
corporation
for
damages
arising
from
the
filing
of
a
false
15
complaint
against
the
officer
or
any
other
violation
of
this
16
chapter
including
but
not
limited
to
actual
damages,
court
17
costs,
and
reasonable
attorney
fees.
The
clerk
of
the
district
18
court
shall
collect
a
filing
fee
of
one
hundred
fifty
dollars
19
for
the
filing
of
an
action
under
this
subsection.
20
DIVISION
V
21
COMMUNICATIONS
IN
PROFESSIONAL
CONFIDENCE
22
Sec.
14.
Section
622.10,
subsection
9,
paragraph
a,
Code
23
2024,
is
amended
to
read
as
follows:
24
a.
A
peer
support
group
counselor
or
individual
present
25
for
a
individual
or
group
crisis
intervention
who
obtains
26
information
from
an
officer
or
a
civilian
employee
of
a
law
27
enforcement
agency
,
emergency
management
agency,
emergency
28
medical
services
agency,
or
fire
department
by
reason
of
the
29
counselor’s
capacity
as
a
peer
support
group
counselor
or
an
30
individual’s
presence
for
a
group
crisis
intervention
shall
not
31
be
allowed
,
in
giving
testimony,
to
disclose
any
confidential
32
communication
properly
entrusted
to
the
counselor
or
individual
33
present
for
a
group
crisis
intervention
by
the
officer
or
34
civilian
employee
while
receiving
counseling
or
group
crisis
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intervention
,
including
in
giving
testimony
.
1
Sec.
15.
Section
622.10,
subsection
9,
paragraph
c,
2
subparagraphs
(1)
and
(2),
Code
2024,
are
amended
to
read
as
3
follows:
4
(1)
“Officer”
means
a
certified
law
enforcement
officer,
5
fire
fighter,
emergency
medical
technician
or
medical
provider
,
6
paramedic,
corrections
officer,
detention
officer,
jailer,
7
probation
or
parole
officer,
communications
officer
public
8
safety
telecommunicator
,
dispatcher,
emergency
management
9
coordinator
under
chapter
29C
,
or
any
other
law
enforcement
10
officer
certified
by
the
Iowa
law
enforcement
academy
and
11
employed
by
a
city,
county,
or
state
agency.
12
(2)
“Peer
support
group
counselor”
“Peer
support
counselor”
13
means
a
law
enforcement
officer,
fire
fighter,
civilian
14
employee
of
a
law
enforcement
agency
or
fire
department,
or
a
15
nonemployee
counselor
who
has
been
designated
as
a
peer
support
16
group
counselor
by
a
sheriff,
police
chief,
fire
chief,
or
17
department
head
of
a
law
enforcement
agency,
fire
department,
18
or
emergency
medical
services
agency
,
and
who
has
received
19
training
to
provide
emotional
and
moral
support
and
counseling
20
to
an
officer
or
group
who
needs
those
services
as
a
result
of
21
an
incident
in
which
the
officer
or
group
was
involved
while
22
acting
in
the
officer’s
or
group’s
official
capacity.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
law
enforcement,
including
the
27
enforcement
of
state,
local,
and
municipal
laws
at
regents
28
institutions,
personal
injury
or
illness
of
a
peace
officer
29
employed
by
a
regents
institution,
the
revocation
or
suspension
30
of
a
law
enforcement
officer’s
or
reserve
peace
officer’s
31
certification,
administrative
investigations
under
the
peace
32
officer,
public
safety,
and
emergency
personnel
bill
of
rights,
33
and
communications
made
in
professional
confidence.
The
bill
34
is
organized
by
divisions.
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DIVISION
I
——
ENFORCEMENT
OF
STATE,
LOCAL,
AND
MUNICIPAL
1
LAWS
(CODE
CHAPTER
27B).
The
bill
defines
“regents
2
institution”
for
purposes
of
the
bill
as
the
state
university
3
of
Iowa,
Iowa
state
university
of
science
and
technology,
or
4
the
university
of
northern
Iowa,
and
includes
an
appointed
5
official,
officer,
or
employee
of
a
division,
department,
or
6
other
body
that
is
part
of
a
regents
institution,
including
7
but
not
limited
to
the
department
of
public
safety,
human
8
resources,
or
general
counsel.
9
The
bill
amends
current
law
relating
to
restrictions
on
the
10
enforcement
of
state,
local,
and
municipal
laws
by
a
local
11
entity
or
law
enforcement
department
to
include
a
regents
12
institution.
The
bill
provides
that
a
regents
institution
13
shall
not
adopt
or
enforce
a
policy
or
take
any
other
action
14
under
which
the
regents
institution
prohibits
or
discourages
15
the
enforcement
of
state,
local,
or
municipal
laws.
16
The
bill
amends
current
law
to
provide
that
any
person
may
17
file
a
complaint
with
the
attorney
general
alleging
that
a
18
regents
institution
has
violated
the
provisions
of
Code
chapter
19
27B
relating
to
the
enforcement
of
state,
local,
or
municipal
20
laws.
The
attorney
general
shall
review
the
complaint
and
any
21
evidence
in
support
of
the
allegation.
22
The
bill
provides
that
a
local
entity
or
regents
institution
23
for
which
the
attorney
general
has
received
a
complaint
shall
24
comply
with
any
reasonable
document
requests.
The
attorney
25
general
will
maintain
the
confidentiality
of
a
local
entity’s
26
or
regents
institution’s
records
produced
in
response
to
a
27
document
request.
A
complaint
shall
not
be
valid
unless
the
28
attorney
general
determines
that
a
violation
by
a
local
entity
29
or
regents
institution
was
intentional
or
in
reckless
disregard
30
for
public
safety.
31
Current
law
provides
that
if
the
attorney
general
determines
32
that
a
complaint
against
a
local
entity
is
valid,
written
33
notification
shall
be
provided
to
the
local
entity.
Within
30
34
days,
the
local
entity
shall
provide
the
attorney
general
with
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the
following:
copies
of
all
of
the
local
entity’s
written
1
policies
relating
to
the
complaint,
a
description
of
all
2
actions
the
local
entity
has
taken
or
will
take
to
correct
any
3
violations,
and
any
evidence
that
would
refute
the
allegations
4
made
in
the
complaint.
The
attorney
general
shall
file
a
civil
5
action
in
district
court
to
enjoin
any
ongoing
violation
of
6
Code
chapter
27B
by
a
local
entity.
No
earlier
than
90
days
7
after
a
final
judicial
determination
that
a
local
entity
has
8
intentionally
prohibited
or
discouraged
the
enforcement
of
9
state,
local,
or
municipal
laws,
the
local
entity
may
petition
10
the
district
court
to
seek
a
declaratory
judgment
that
the
11
local
entity
is
in
compliance
with
Code
chapter
27B.
A
local
12
entity
will
be
denied
state
funds
for
the
state
fiscal
year
13
in
which
a
judicial
determination
in
a
civil
action
is
made.
14
The
bill
makes
all
of
these
provisions
applicable
to
regents
15
institutions.
16
The
bill
provides
that
the
district
court
shall
have
17
jurisdiction
in
all
actions
brought
under
Code
chapter
27B,
and
18
the
attorney
general
has
the
burden
of
proof
by
a
preponderance
19
of
the
evidence
to
prove
violations
of
the
Code
chapter.
20
The
bill
provides
that
a
local
entity
or
regents
institution
21
shall
not
blacklist
or
retaliate
against
an
employee
or
22
official
who
makes
a
good-faith
complaint
or
who
gives
a
23
statement
or
testimony
in
proceedings
related
to
the
complaint
24
or
action.
A
local
entity
or
regents
institution
that
25
retaliates
against
an
employee
who
makes
a
good-faith
complaint
26
is
liable
to
an
aggrieved
employee
for
affirmative
relief
27
including
reinstatement,
civil
damages,
and
any
other
equitable
28
relief
the
court
deems
appropriate,
including
attorney
fees
and
29
costs.
30
DIVISION
II
——
PERSONAL
INJURY
OR
ILLNESS
——
PEACE
OFFICERS
31
AT
REGENTS
INSTITUTIONS.
The
bill
provides
that
a
regents
32
institution
employing
a
peace
officer
who
sustains
a
personal
33
injury
or
illness
that
arises
out
of
and
in
the
course
of
34
employment
shall
not
remove,
discharge,
involuntarily
transfer,
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or
take
adverse
employment
action
against
the
peace
officer
due
1
to
temporary
or
permanent
restrictions
that
limit
or
prohibit
2
the
peace
officer
from
working
special
events,
overtime,
or
a
3
specific
shift
provided
the
peace
officer
is
able
to
work
any
4
regular
shift
with
or
without
reasonable
accommodations.
5
DIVISION
III
——
IOWA
LAW
ENFORCEMENT
ACADEMY
——
REVOCATION
6
OR
SUSPENSION
OF
CERTIFICATION.
The
bill
provides
that
a
7
“final”
decision
for
purposes
of
the
revocation
or
suspension
8
of
the
certification
of
a
law
enforcement
officer
or
peace
9
officer
by
the
council
means
that
all
appeals
through
a
10
grievance
procedure,
civil
service
action,
or
other
action
or
11
procedure
available
to
the
officer
have
been
exhausted,
and
12
“serious
misconduct”
includes
the
repeated
use
of
excessive
13
force
in
violation
of
law.
14
The
bill
provides
that
the
council
shall
revoke
the
15
certification
of
a
law
enforcement
officer
or
reserve
peace
16
officer
upon
a
finding
that
the
law
enforcement
officer
or
17
reserve
peace
officer
knowingly
left
or
voluntarily
quit
when
18
the
officer
was
notified
of
a
disciplinary
investigation
or
19
action
that
would
have
resulted
in
the
law
enforcement
officer
20
being
discharged
or
the
reserve
peace
officer
being
removed
for
21
serious
misconduct,
if
the
council
determines
that
the
officer
22
engaged
in
serious
misconduct.
23
The
bill
provides
that
the
council
may
revoke
or
suspend
24
the
certification
of
a
law
enforcement
officer
or
reserve
25
peace
officer
and
may
publicly
or
privately
reprimand
a
law
26
enforcement
officer,
reserve
peace
officer,
or
employing
27
agency
due
to
any
of
the
following:
a
violation
of
any
rules
28
authorized
and
adopted
by
the
council;
when
an
employing
agency
29
recommends
to
the
council
that
revocation
or
suspension
would
30
be
appropriate;
or
when
the
attorney
general
recommends
that
31
revocation
or
suspension
would
be
appropriate.
32
The
bill
amends
current
law
to
provide
that
notification
33
of
the
council
by
an
employing
agency
of
any
termination
of
34
employment
of
a
law
enforcement
officer
or
appointment
as
a
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reserve
peace
officer
must
state
whether
the
law
enforcement
1
officer
or
reserve
peace
officer
was
discharged
or
removed
2
for
serious
misconduct,
whether
the
officer
was
notified
3
of
a
disciplinary
investigation
or
action
that
would
have
4
resulted
in
the
officer
being
discharged
or
removed
for
serious
5
misconduct,
whether
the
officer
left
or
voluntarily
quit,
and
6
whether
the
action
taken
by
the
agency
is
final.
7
The
bill
provides
that
if
a
law
enforcement
officer
or
8
reserve
peace
officer
exercises
any
right
to
hold
the
decision
9
of
an
employing
agency
in
abeyance,
appeals,
grieves,
brings
a
10
cause
of
action
under
Code
section
80F.1(13),
or
contests
the
11
officer’s
termination,
the
employing
agency
shall
notify
the
12
council
in
writing
within
10
days
of
the
filing
of
such
action
13
by
the
officer.
14
The
bill
provides
that
a
decision
of
the
council
to
revoke
15
the
certification
of
a
law
enforcement
officer
or
reserve
peace
16
officer,
to
suspend
the
certification
of
a
law
enforcement
17
officer
or
reserve
peace
officer,
or
any
other
action
against
18
an
officer
or
employing
agency
shall
be
made
by
a
majority
19
vote
of
the
council.
An
action
for
revocation
or
suspension
20
of
the
certification
of
a
law
enforcement
officer
or
reserve
21
peace
officer
shall
not
be
maintained
by
the
council
unless
the
22
action
is
commenced
within
180
days
from
the
date
the
council
23
was
notified
of
the
grounds
for
the
revocation
or
suspension.
24
DIVISION
IV
——
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
25
PERSONNEL
BILL
OF
RIGHTS.
The
bill
amends
the
definition
of
26
“formal
administrative
investigation”,
in
relation
to
formal
27
administrative
investigations
of
officers,
to
include
an
28
investigative
process
ordered
by
a
commanding
officer
of
an
29
agency
or
commander’s
designee
during
which
the
investigation
30
and
questioning
of
an
officer
is
intended
to
gather
evidence
31
to
determine
the
merit
of
a
complaint
filed
against
the
32
officer.
The
bill
amends
the
definition
of
“officer”
to
33
include
a
paramedic,
a
medical
provider,
a
public
safety
34
telecommunicator,
a
dispatcher,
and
any
other
law
enforcement
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officer
in
training
or
whose
certification
is
governed
by
the
1
Iowa
law
enforcement
academy,
and
employed
by
a
municipality,
2
county,
or
state
agency.
The
bill
provides
that
an
“interview”
3
shall
not
be
considered
a
hearing.
4
The
bill
provides
that
upon
written
request
of
an
officer
or
5
an
officer’s
legal
counsel,
the
employing
agency
shall
provide,
6
without
charging
a
fee,
to
the
officer
or
the
officer’s
legal
7
counsel
a
complete
copy
of
the
officer’s
incident
report
and
8
the
officer’s
video
or
audio
recordings
from
the
incident
9
giving
rise
to
the
complaint
without
unnecessary
delay
prior
10
to
an
interview
of
the
officer.
The
bill
provides
that
the
11
provision
of
the
report
and
audio
and
video
recordings
shall
12
not
be
construed
to
constitute
a
disclosure
of
public
records.
13
The
bill
provides
that
the
clerk
of
the
district
court
shall
14
charge
a
$150
filing
fee
for
a
cause
of
action
arising
from
the
15
filing
of
a
false
complaint
against
an
officer.
16
DIVISION
V
——
COMMUNICATIONS
IN
PROFESSIONAL
CONFIDENCE.
17
The
bill
provides
that
a
peer
support
counselor
or
individual
18
present
for
individual
or
group
crisis
intervention
who
obtains
19
information
from
an
officer
or
a
civilian
employee
of
a
law
20
enforcement
agency,
emergency
management
agency,
emergency
21
medical
services
agency,
or
fire
department
by
reason
of
the
22
counselor’s
capacity
as
a
peer
support
group
counselor
or
an
23
individual’s
presence
for
a
group
crisis
intervention
shall
not
24
be
allowed
to
disclose
any
confidential
communication
properly
25
entrusted
to
the
counselor
or
individual
present
for
a
group
26
crisis
intervention
by
the
officer
or
civilian
employee
while
27
receiving
counseling
or
group
crisis
intervention,
including
in
28
giving
testimony.
29
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