Bill Text: IA SF2378 | 2019-2020 | 88th General Assembly | Introduced

Iowa Senate Bill 2378 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the peace officer, public safety, and emergency personnel bill of rights. (Formerly SF 2293.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-24 - Committee report, approving bill. S.J. 401. [SF2378 Detail]

Download: Iowa-2019-SF2378-Introduced.html

Senate File 2378 - Introduced SENATE FILE 2378 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2293) A BILL FOR An Act relating to the peace officer, public safety, and 1 emergency personnel bill of rights. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6216SV (1) 88 hf/rh

S.F. 2378 Section 1. Section 80F.1, subsection 1, paragraph a, Code 1 2020, is amended to read as follows: 2 a. “Complaint” means a formal written allegation signed 3 by the complainant or a signed written statement by an 4 officer receiving an oral complaint stating the complainant’s 5 allegation. 6 Sec. 2. Section 80F.1, subsections 3, 5, 13, and 18, Code 7 2020, are amended to read as follows: 8 3. A formal administrative investigation of an officer 9 shall be commenced without unreasonable delay from the date of 10 the incident giving rise to the allegation against the officer 11 and shall be completed in a reasonable period of time and an . 12 An officer shall be immediately notified of the results of the 13 investigation when the investigation is completed. 14 5. a. An officer who is the subject of a complaint, shall 15 at a minimum, be provided a written summary of the complaint 16 prior to an interview. If a collective bargaining agreement 17 applies, the complaint or written summary shall be provided 18 pursuant to the procedures established under the collective 19 bargaining agreement. If the complaint alleges domestic abuse, 20 sexual abuse, or sexual harassment, an officer shall not 21 receive more than a written summary of the complaint. 22 b. Upon written request of the officer or the officer’s 23 legal counsel, the employing agency shall provide to the 24 officer or the officer’s legal counsel a complete copy of the 25 officer’s incident reports, other statements, and video or 26 audio recordings from the incident giving rise to the complaint 27 without unnecessary delay prior to an interview of the officer 28 and allowing at least seventy-two hours for review before the 29 interview unless the officer agrees to a shorter period of 30 time. 31 13. An officer shall have the right to bring a private cause 32 of action and pursue civil remedies under the law including but 33 not limited to an action for money damages against a citizen 34 arising from the filing of a false complaint against the 35 -1- LSB 6216SV (1) 88 hf/rh 1/ 4

S.F. 2378 officer. 1 18. A municipality, county, or state agency employing 2 an officer shall not publicly release the officer’s official 3 photograph without the written permission of the officer or 4 without a request to release pursuant to chapter 22 . An 5 officer’s personal information including but not limited to the 6 officer’s home address, personal telephone number, personal 7 email address, date of birth, social security number, and 8 driver’s license number shall be confidential and shall be 9 redacted from any record prior to the record’s release to the 10 public by the employing agency. Nothing in this subsection 11 prohibits the release of an officer’s photograph or unredacted 12 personal information to the officer’s legal counsel, union 13 representative, or designated employee representative upon the 14 officer’s request. 15 Sec. 3. Section 80F.1, Code 2020, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 20. The employing agency shall keep 18 an officer’s statement, recordings, or transcripts of any 19 interviews or disciplinary proceedings, and any complaints made 20 against an officer confidential unless otherwise provided in 21 this section. 22 NEW SUBSECTION . 21. An agency employing full-time or 23 part-time officers shall provide annual training to any officer 24 or supervisor who may perform or supervise an investigation 25 under this section, and shall maintain documentation of any 26 training related to this section. The Iowa law enforcement 27 academy shall adopt minimum training standards not inconsistent 28 with this subsection, including training standards concerning 29 interviewing an officer subject to a complaint. 30 NEW SUBSECTION . 22. Upon request, the employing agency 31 shall provide to the requesting officer or the officer’s legal 32 counsel a copy of the officer’s personnel file and training 33 records regardless of whether the officer is subject to a 34 formal administrative investigation at the time of the request. 35 -2- LSB 6216SV (1) 88 hf/rh 2/ 4

S.F. 2378 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the peace officer, public safety, and 4 emergency personnel bill of rights. 5 The bill provides that a formal administrative investigation 6 of an officer shall be commenced without unreasonable delay 7 from the date of the incident giving rise to the allegation 8 against the officer. 9 The bill provides that the employing agency shall provide to 10 the officer or the officer’s legal counsel a complete copy of 11 the officer’s incident reports, other statements, and video or 12 audio recordings from the incident giving rise to the complaint 13 against the officer, upon request of the officer or the 14 officer’s legal counsel, at least 72 hours before an interview 15 with the officer unless the officer agrees to a shorter period 16 of time. 17 The bill provides that an officer may bring a private cause 18 of action, including but not limited to an action for money 19 damages, against a private citizen for filing a false complaint 20 against the officer. 21 The bill provides that an officer’s personal information, 22 including certain personal information specified in the bill, 23 shall be confidential and shall be redacted from any record 24 prior to the record’s release to the public by an employing 25 agency. The bill provides that the following information shall 26 also be kept confidential: an officer’s statement, recordings, 27 or transcripts of any interviews or disciplinary proceedings, 28 and any complaints made against an officer. 29 The bill provides that an agency shall provide annual 30 training to any person who may perform or supervise an 31 investigation under the bill. The Iowa law enforcement academy 32 shall adopt minimum training standards not inconsistent with 33 the bill including training standards concerning interviewing 34 an officer subject to a complaint. 35 -3- LSB 6216SV (1) 88 hf/rh 3/ 4

S.F. 2378 The bill provides that upon request, the employing agency 1 shall provide to a requesting officer or the officer’s legal 2 counsel a copy of the officer’s personnel file and training 3 records regardless of whether the officer is subject to a 4 formal administrative investigation at the time of the request. 5 The bill modifies the definition of “complaint” to mean a 6 formal written allegation signed by the complainant or a signed 7 written statement by an officer receiving an oral complaint 8 stating the complainant’s allegation. 9 -4- LSB 6216SV (1) 88 hf/rh 4/ 4