Bill Text: IA HSB700 | 2019-2020 | 88th General Assembly | Introduced

Iowa House Study Bill 700 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to officer disciplinary actions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-21 - Committee report, recommending amendment and passage. H.J. 329. [HSB700 Detail]

Download: Iowa-2019-HSB700-Introduced.html

House Study Bill 700 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to officer disciplinary actions. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6359YC (3) 88 hf/rh

H.F. _____ Section 1. Section 80F.1, subsection 1, Code 2020, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. “Brady-Giglio list” means a list of 3 officers maintained by the county attorney’s office, including 4 officers who may not have disclosed all impeachment information 5 and officers who may have violated the pretrial discovery rule 6 requiring officers to turn over all evidence that may be used 7 to 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-Giglio 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-Giglio list. If a collective bargaining agreement 19 applies, the actions taken by the law enforcement agency shall 20 conform to the rules and procedures adopted by the collective 21 bargaining agreement. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to officer disciplinary actions. 26 The bill amends Code chapter 80F, relating to the rights of 27 officers and public safety and emergency personnel. The bill 28 prohibits an officer from being discharged, disciplined, or 29 threatened with discharge or discipline by a state, county, or 30 municipal law enforcement agency solely due to the inclusion 31 of the officer’s name on a Brady-Giglio list. However, a law 32 enforcement agency may dismiss, suspend, demote, or take other 33 disciplinary action against an officer based on the underlying 34 actions that resulted in the officer’s name being placed on a 35 -1- LSB 6359YC (3) 88 hf/rh 1/ 2

H.F. _____ Brady-Giglio list. 1 The bill defines “Brady-Giglio list” as a list of officers 2 maintained by the county attorney’s office, including officers 3 who may not have disclosed all impeachment information pursuant 4 to Giglio v. U.S., 405 U.S. 150 (1972), and officers who may 5 have violated the pretrial discovery rule established by Brady 6 v. Maryland, 373 U.S. 83 (1963), requiring officers to turn 7 over all evidence that might be used to exonerate a defendant. 8 Under Code section 80F.1, “officer” means a certified 9 law enforcement officer, fire fighter, emergency medical 10 technician, corrections officer, detention officer, jailer, 11 probation or parole officer, communications officer, or 12 any other law enforcement officer certified by the Iowa law 13 enforcement academy and employed by a municipality, county, or 14 state agency. 15 -2- LSB 6359YC (3) 88 hf/rh 2/ 2