Bill Text: IA SF179 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to officer disciplinary actions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-01 - Subcommittee: Johnson, Kinney, and Shipley. S.J. 207. [SF179 Detail]
Download: Iowa-2021-SF179-Introduced.html
Senate
File
179
-
Introduced
SENATE
FILE
179
BY
NUNN
A
BILL
FOR
An
Act
relating
to
officer
disciplinary
actions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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179
Section
1.
Section
80F.1,
subsection
1,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0a.
“Brady
list”
means
a
list
of
officers
3
maintained
by
the
county
attorney’s
office,
including
officers
4
who
may
have
impeached
themselves
as
witnesses
and
officers
5
who
may
have
violated
the
pretrial
discovery
rule
requiring
6
officers
to
turn
over
all
evidence
that
might
be
used
to
7
exonerate
a
defendant.
8
Sec.
2.
Section
80F.1,
Code
2021,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
20.
a.
An
officer
shall
not
be
discharged,
11
disciplined,
or
threatened
with
discharge
or
discipline
by
a
12
state,
county,
or
municipal
law
enforcement
agency
solely
due
13
to
the
inclusion
of
the
officer’s
name
on
a
Brady
list.
14
b.
A
county
attorney’s
office
maintaining
a
Brady
list
15
shall
disclose
the
contents
of
the
list
to
the
law
enforcement
16
agency
of
an
officer
included
on
the
list
and
to
the
officer.
17
A
county
attorney’s
office
shall
develop
a
procedure
for
a
18
law
enforcement
agency
who
employs
an
officer
included
on
the
19
Brady
list,
and
for
an
officer
included
on
the
Brady
list,
to
20
challenge
the
inclusion
of
an
officer
on
the
Brady
list.
21
c.
This
subsection
does
not
prohibit
a
law
enforcement
22
agency
from
dismissing,
suspending,
demoting,
or
taking
other
23
disciplinary
actions
against
an
officer
based
on
the
underlying
24
actions
that
resulted
in
the
officer’s
name
being
placed
on
25
a
Brady
list
including
any
impeachment
evidence
against
the
26
officer
or
evidence
that
the
officer
may
not
have
turned
27
over
exculpatory
evidence
to
a
defendant.
If
a
collective
28
bargaining
agreement
applies,
the
actions
taken
by
the
law
29
enforcement
agency
shall
conform
to
the
rules
and
procedures
30
adopted
by
the
collective
bargaining
agreement.
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
police
officer
disciplinary
actions.
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S.F.
179
The
bill
amends
Code
chapter
80F,
relating
to
the
rights
of
1
officers
and
public
safety
and
emergency
personnel.
The
bill
2
prohibits
an
officer
from
being
discharged,
disciplined,
or
3
threatened
with
discharge
or
discipline
by
a
state,
county,
or
4
municipal
law
enforcement
agency
solely
due
to
the
inclusion
5
of
the
officer’s
name
on
a
Brady
list.
The
bill
defines
“Brady
6
list”
as
a
list
of
officers
maintained
by
the
county
attorney’s
7
office,
including
officers
who
may
have
impeached
themselves
8
as
witnesses
and
officers
who
may
have
violated
the
pretrial
9
discovery
rule
requiring
officers
to
turn
over
any
evidence
10
that
might
be
used
to
exonerate
a
defendant.
11
The
bill
provides
that
a
county
attorney’s
office
12
maintaining
a
Brady
list
shall
disclose
the
contents
of
the
13
list
to
the
law
enforcement
agency
of
an
officer
included
on
14
the
list
and
to
the
officer.
A
county
attorney’s
office
shall
15
develop
a
procedure
for
a
law
enforcement
agency
who
employs
an
16
officer
included
on
the
Brady
list,
and
for
an
officer
included
17
on
the
Brady
list,
to
challenge
the
inclusion
of
an
officer
18
on
the
Brady
list.
The
bill
provides
that
a
law
enforcement
19
agency
may
dismiss,
suspend,
demote,
or
take
other
disciplinary
20
action
against
an
officer
based
on
the
underlying
actions
that
21
resulted
in
the
officer’s
name
being
placed
on
a
Brady
list
22
including
any
impeachment
evidence
against
the
officer
or
23
evidence
that
the
officer
failed
to
provide
a
defendant
with
24
exculpatory
evidence.
25
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