Bill Text: IA SF2377 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to officer disciplinary actions. (Formerly SSB 3174.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-11 - Amendment S-5080 filed. S.J. 609. [SF2377 Detail]
Download: Iowa-2019-SF2377-Introduced.html
Senate
File
2377
-
Introduced
SENATE
FILE
2377
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3174)
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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Section
1.
Section
80F.1,
subsection
1,
Code
2020,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
“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
2020,
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.
This
subsection
does
not
prohibit
a
law
enforcement
15
agency
from
dismissing,
suspending,
demoting,
or
taking
other
16
disciplinary
actions
against
an
officer
based
on
the
underlying
17
actions
that
resulted
in
the
officer’s
name
being
placed
on
18
a
Brady
list
including
any
impeachment
evidence
against
the
19
officer
or
evidence
that
the
officer
may
not
have
turned
20
over
exculpatory
evidence
to
a
defendant.
If
a
collective
21
bargaining
agreement
applies,
the
actions
taken
by
the
law
22
enforcement
agency
shall
conform
to
the
rules
and
procedures
23
adopted
by
the
collective
bargaining
agreement.
24
Sec.
3.
BRADY
LIST
INTERIM
COMMITTEE.
25
1.
The
legislative
council
is
requested
to
establish
a
Brady
26
list
interim
committee
for
the
2020
interim.
The
purpose
of
27
the
committee
shall
be
to
do
all
of
the
following:
28
a.
Study
the
disclosure
of
information
contained
in
officer
29
personnel
files
as
such
information
relates
to
a
Brady
list
as
30
defined
in
section
80F.1.
31
b.
Study
the
efficiency
of
implementing
a
statewide
system
32
for
a
Brady
list,
identifying
impartial
entities
to
conduct
33
investigations
pertaining
to
an
officer’s
acts
or
omissions
to
34
act,
and
recommending
the
appropriate
procedures,
due
process
35
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2377
protections,
appeal
rights,
and
criteria
for
the
placement
and
1
removal
of
an
officer’s
name
on
and
from
a
Brady
list.
2
c.
Study
any
other
issues
that
the
committee
determines
3
relevant
to
its
objective.
The
committee
may
solicit
the
4
advice
or
testimony
of
any
organization
or
individual
with
5
information
or
expertise
relevant
to
the
purpose
of
the
6
committee.
7
2.
The
committee
shall
consist
of
three
members
of
the
8
senate
appointed
by
the
majority
leader
of
the
senate,
two
9
members
of
the
senate
appointed
by
the
minority
leader
of
the
10
senate,
three
members
of
the
house
of
representatives
appointed
11
by
the
speaker
of
the
house
of
representatives,
and
two
members
12
of
the
house
of
representatives
appointed
by
the
minority
13
leader
of
the
house
of
representatives.
Additional
committee
14
members
shall
include
the
commissioner
of
the
department
of
15
public
safety
or
the
commissioner’s
designee,
a
district
court
16
judge
appointed
by
the
supreme
court,
and
representatives
from
17
all
of
the
following:
the
Iowa
county
attorneys
association,
18
the
Iowa
sheriffs
and
deputies
association,
the
Iowa
police
19
chiefs
association,
the
Iowa
state
police
association,
the
20
Iowa
peace
officers
association,
the
Iowa
professional
fire
21
fighters,
the
Iowa
state
troopers
association,
and
the
Iowa
22
state
patrol
supervisors
association.
The
Iowa
sheriffs
and
23
deputies
association
member
representative
shall
be
an
officer
24
who
does
not
hold
rank.
25
3.
The
committee
shall
elect
a
chairperson
from
the
members
26
appointed.
27
4.
The
committee
shall
issue
a
report,
including
findings
28
and
recommendations,
to
the
governor
and
the
general
assembly
29
no
later
than
December
16,
2020.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
police
officer
disciplinary
actions
and
34
establishes
a
legislative
interim
committee.
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2377
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.
However,
a
law
11
enforcement
agency
may
dismiss,
suspend,
demote,
or
take
other
12
disciplinary
action
against
an
officer
based
on
the
underlying
13
actions
that
resulted
in
the
officer’s
name
being
placed
on
14
a
Brady
list
including
any
impeachment
evidence
against
the
15
officer
or
evidence
that
the
officer
failed
to
provide
a
16
defendant
with
exculpatory
evidence.
17
The
bill
establishes
a
legislative
interim
committee
18
to
study
the
disclosure
of
officer
personnel
files
as
such
19
information
relates
to
a
Brady
list,
study
the
efficiency
of
20
implementing
a
statewide
system
for
a
Brady
list,
identify
21
impartial
entities
to
conduct
investigations
pertaining
to
an
22
officer’s
acts
and
omissions
to
act,
and
recommend
appropriate
23
procedures,
due
process
protections,
appeal
rights,
and
24
criteria
for
the
placement
and
removal
of
an
officer’s
name
on
25
and
from
a
Brady
list.
The
committee
may
solicit
the
advice
or
26
testimony
of
any
organization
or
individual
with
information
or
27
expertise
relevant
to
its
study.
28
The
committee
shall
consist
of
10
legislative
members
29
and
10
members
representing
various
interested
stakeholder
30
organizations,
the
department
of
public
safety,
and
the
court.
31
The
committee
shall
issue
a
report,
including
findings
and
32
recommendations,
to
the
governor
and
the
general
assembly
no
33
later
than
December
16,
2020.
34
The
bill
defines
“Brady
list”
as
a
list
of
officers
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maintained
by
the
county
attorney’s
office,
including
officers
1
who
may
have
impeached
themselves
as
witnesses
and
officers
2
who
may
have
violated
the
pretrial
discovery
rule
established
3
by
Brady
v.
Maryland,
373
U.S.
83
(1963)
requiring
officers
4
to
turn
over
all
evidence
that
might
be
used
to
exonerate
a
5
defendant.
6
Under
Code
section
80F.1,
“officer”
means
a
certified
7
law
enforcement
officer,
fire
fighter,
emergency
medical
8
technician,
corrections
officer,
detention
officer,
jailer,
9
probation
or
parole
officer,
communications
officer,
or
10
any
other
law
enforcement
officer
certified
by
the
Iowa
law
11
enforcement
academy
and
employed
by
a
municipality,
county,
or
12
state
agency.
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