Bill Text: IA HSB701 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the procedural requirements for placing an officer's name on a Brady-Giglio list.(See HF 2496.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-21 - Committee report approving bill, renumbered as HF 2496. [HSB701 Detail]
Download: Iowa-2021-HSB701-Introduced.html
House
Study
Bill
701
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
the
procedural
requirements
for
placing
an
1
officer’s
name
on
a
Brady-Giglio
list.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6172YC
(4)
89
as/rh
H.F.
_____
Section
1.
Section
80F.1,
subsection
1,
Code
2022,
is
1
amended
by
adding
the
following
new
paragraphs:
2
NEW
PARAGRAPH
.
0a.
“Brady-Giglio
list”
means
a
list
3
compiled
by
a
prosecuting
agency
containing
the
names
4
and
details
of
officers
who
have
sustained
incidents
of
5
untruthfulness,
criminal
convictions,
candor
issues,
or
some
6
other
type
of
issue
which
places
the
officer’s
credibility
into
7
question.
8
NEW
PARAGRAPH
.
0f.
“Prosecuting
agency”
means
the
attorney
9
general,
an
assistant
attorney
general,
the
county
attorney,
10
an
assistant
county
attorney,
a
special
prosecutor,
a
city
11
attorney,
or
an
assistant
city
attorney.
12
Sec.
2.
Section
80F.1,
subsection
23,
paragraph
c,
Code
13
2022,
is
amended
to
read
as
follows:
14
c.
This
subsection
is
repealed
July
1,
2022
2023
.
15
Sec.
3.
Section
80F.1,
Code
2022,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
24.
a.
A
prosecuting
agency
that
maintains
18
a
Brady-Giglio
list
shall
adopt
a
policy
that,
at
a
minimum,
19
includes
all
of
the
following:
20
(1)
The
criteria
used
by
the
prosecuting
agency
to
place
an
21
officer’s
name
on
a
Brady-Giglio
list.
22
(2)
The
officer’s
right
to
receive
written
notice
at
least
23
ten
days
before
the
prosecuting
agency
considers
placing
the
24
officer’s
name
on
a
Brady-Giglio
list,
and
the
officer’s
25
right
to
provide
input
to
the
prosecuting
agency
before
26
the
prosecuting
agency
makes
a
determination
of
whether
the
27
officer’s
name
should
be
placed
on
a
Brady-Giglio
list.
28
(3)
The
duty
of
the
prosecuting
agency
to
provide
notice
of
29
the
prosecuting
agency’s
decision
regarding
placement
of
the
30
officer’s
name
on
a
Brady-Giglio
list.
31
(4)
The
officer’s
right
to
make
a
request
for
32
reconsideration
of
the
prosecuting
agency’s
determination
to
33
include
the
officer’s
name
on
a
Brady-Giglio
list
and
to
submit
34
supporting
and
corroborating
documents
and
evidence
in
support
35
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_____
of
the
officer’s
request
for
reconsideration.
1
(5)
The
applicable
time
frame
and
procedures
for
notifying
2
the
officer
of
the
prosecuting
agency’s
final
decision
on
an
3
officer’s
request
for
reconsideration.
4
b.
At
least
ten
days
before
a
prosecuting
agency
considers
5
placing
an
officer’s
name
on
a
Brady-Giglio
list,
the
6
prosecuting
agency
shall
send
a
written
notice
by
mail
or
email
7
to
the
officer’s
current
or
last
known
employment
address.
8
Upon
receipt
of
the
notice,
and
if
the
officer’s
contact
9
information
is
known,
the
officer’s
current
or
last
known
10
employer
shall
provide
the
written
notice
to
the
officer.
11
The
written
notice
shall
include,
at
a
minimum,
all
of
the
12
following:
13
(1)
A
notice
that
the
officer’s
name
may
be
placed
on
a
14
Brady-Giglio
list.
15
(2)
The
officer’s
right
to
request
documents,
records,
and
16
any
other
evidence
in
the
possession
of
the
prosecuting
agency
17
relevant
to
the
determination
of
whether
the
officer’s
name
18
should
be
placed
on
a
Brady-Giglio
list
from
the
prosecuting
19
agency.
20
(3)
The
officer’s
right
to
provide
input
to
the
prosecuting
21
agency
prior
to
the
prosecuting
agency’s
determination
of
22
whether
the
officer’s
name
should
be
placed
on
a
Brady-Giglio
23
list.
24
(4)
The
prosecuting
agency’s
procedural
requirements
for
25
an
officer
to
provide
input
to
the
prosecuting
agency
prior
to
26
the
prosecuting
agency’s
determination
of
whether
the
officer’s
27
name
should
be
placed
on
a
Brady-Giglio
list.
28
c.
If
the
prosecuting
agency
makes
a
determination
to
place
29
the
officer’s
name
on
a
Brady-Giglio
list,
the
prosecuting
30
agency
shall
send
a
written
notice
by
mail
or
email
to
the
31
officer’s
current
or
last
known
employment
address.
Upon
32
receipt
of
the
notice,
and
if
the
officer’s
contact
information
33
is
known,
the
officer’s
current
or
last
known
employer
shall
34
provide
the
written
notice
to
the
officer.
The
written
notice
35
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_____
shall
include,
at
a
minimum,
all
of
the
following:
1
(1)
The
officer’s
right
to
make
a
request
to
reconsider
2
the
allegations
and
the
placement
of
the
officer’s
name
on
a
3
Brady-Giglio
list.
4
(2)
The
prosecuting
agency’s
procedural
requirements
5
for
submitting
a
written
request
for
reconsideration
of
the
6
prosecuting
agency’s
determination
to
place
the
officer’s
name
7
on
a
Brady-Giglio
list
including
the
method
and
time
frame
for
8
submitting
the
request
for
reconsideration
and
any
supporting
9
and
corroborating
documents
and
evidence
from
any
pertinent
10
sources.
11
(3)
A
statement
that,
if
the
officer
intends
to
make
a
12
request
for
reconsideration,
the
officer
must
submit
the
13
written
request
for
reconsideration
to
the
prosecuting
agency
14
within
ten
business
days
after
receiving
the
notice.
15
d.
If
an
officer
submits
a
request
for
reconsideration
16
pursuant
to
this
subsection
and
the
officer’s
request
17
for
reconsideration
is
approved
by
the
prosecuting
agency
18
on
its
merits,
the
officer’s
name
shall
be
removed
from
19
the
Brady-Giglio
list.
If
the
officer’s
request
for
20
reconsideration
is
denied
by
the
prosecuting
agency,
the
21
officer’s
name
shall
remain
on
the
Brady-Giglio
list.
If
22
the
officer
does
not
submit
a
request
for
reconsideration
or
23
fails
to
comply
with
the
requirements
for
submitting
a
request
24
for
reconsideration,
the
officer’s
name
shall
remain
on
the
25
Brady-Giglio
list.
26
e.
An
officer
whose
name
was
placed
on
a
Brady-Giglio
list
27
prior
to
the
effective
date
of
this
Act
shall
have
the
right
to
28
request
reconsideration
as
follows:
29
(1)
A
prosecuting
agency
shall
notify
the
officer,
within
30
ninety
days
of
the
effective
date
of
this
Act,
and
provide
the
31
officer
with
the
information
required
under
paragraph
“c”
.
32
(2)
Upon
receipt
of
a
notification
from
a
prosecuting
agency
33
pursuant
to
subparagraph
(1),
an
officer
shall
have
thirty
days
34
to
request
reconsideration.
35
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_____
f.
This
subsection
does
not
limit
the
duty
of
a
prosecuting
1
agency
to
produce
Brady-Giglio
discovery
evidence
in
all
cases
2
as
required
by
the
Constitution
of
the
United
States,
the
3
Constitution
of
the
State
of
Iowa,
and
the
rules
of
criminal
4
procedure,
including
after
the
initial
placement
of
the
5
officer’s
name
on
a
Brady-Giglio
list,
while
the
decision
or
a
6
request
for
reconsideration
is
still
under
consideration.
7
g.
This
subsection
does
not
limit
or
restrict
a
prosecuting
8
agency’s
ability
to
remove
an
officer’s
name
from
a
9
Brady-Giglio
list
if,
upon
receipt
of
additional
supporting
and
10
corroborating
information
or
a
change
in
factual
circumstances
11
at
any
time,
the
prosecuting
agency
determines
that
the
12
officer’s
name
no
longer
requires
placement
on
a
Brady-Giglio
13
list.
14
h.
This
subsection
is
repealed
July
1,
2023.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
procedural
requirements
for
placing
19
an
officer’s
name
on
a
Brady-Giglio
list.
20
The
bill
provides
that
a
prosecuting
agency
that
maintains
21
a
Brady-Giglio
list
(list)
shall
adopt
a
policy
that,
at
a
22
minimum,
includes
all
of
the
following:
the
criteria
used
23
by
the
prosecuting
agency
to
place
an
officer’s
name
on
a
24
list,
the
officer’s
right
to
receive
written
notice
at
least
25
10
days
before
the
prosecuting
agency
considers
placing
the
26
officer’s
name
on
a
list
and
the
officer’s
right
to
provide
27
input
before
the
prosecuting
agency
makes
a
determination
of
28
whether
the
officer’s
name
should
be
placed
on
a
list,
the
duty
29
of
the
prosecuting
agency
to
provide
notice
of
the
prosecuting
30
agency’s
decision
regarding
placing
the
officer’s
name
on
a
31
list,
the
officer’s
right
to
make
a
request
for
reconsideration
32
of
the
determination
and
to
submit
supporting
and
corroborating
33
documents
and
evidence
in
support
of
the
officer’s
request
for
34
reconsideration,
and
the
applicable
time
frame
and
procedures
35
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_____
for
notifying
the
officer
of
the
prosecuting
agency’s
final
1
decision
on
the
officer’s
request
for
reconsideration.
2
The
bill
provides
that
at
least
10
days
before
a
prosecuting
3
agency
considers
placing
an
officer’s
name
on
a
list,
the
4
prosecuting
agency
shall
send
a
written
notice
by
mail
or
email
5
to
the
officer’s
current
or
last
known
employment
address.
6
If
the
officer’s
contact
information
is
known,
the
officer’s
7
current
or
last
known
employer
shall
provide
the
written
8
notice
to
the
officer.
The
written
notice
shall
include,
at
a
9
minimum,
all
of
the
following:
a
notice
of
possible
placement
10
on
a
list;
the
officer’s
right
to
request
relevant
materials
11
from
the
prosecuting
agency;
the
officer’s
right
to
provide
12
input
to
the
prosecuting
agency;
and
the
prosecuting
agency’s
13
procedural
requirements
for
an
officer
to
provide
input.
14
The
bill
provides
that
if
the
prosecuting
agency
makes
15
a
determination
to
place
the
officer’s
name
on
a
list,
the
16
prosecuting
agency
shall
send
a
written
notice
by
mail
or
17
email
to
the
officer’s
current
or
last
known
employment
18
address.
If
the
officer’s
contact
information
is
known,
the
19
officer’s
current
or
last
known
employer
shall
provide
the
20
written
notice
to
the
officer.
The
written
notice
shall
21
include,
at
a
minimum,
all
of
the
following:
the
officer’s
22
right
to
make
a
request
to
reconsider
the
allegations
and
23
the
officer’s
placement
on
a
list,
the
prosecuting
agency’s
24
procedural
requirements
for
submitting
a
written
request
25
for
reconsideration
including
the
method
and
time
frame
for
26
submitting
the
officer’s
request
for
reconsideration
and
any
27
supporting
and
corroborating
documents
and
evidence
from
28
any
pertinent
sources,
and
a
statement
that
if
the
officer
29
intends
to
make
a
request
for
reconsideration
of
the
officer’s
30
placement
on
a
list
the
officer
must
submit
the
written
31
request
for
reconsideration
to
the
prosecuting
agency
within
10
32
business
days
after
receiving
the
notice.
33
The
bill
provides
that
if
an
officer
submits
a
request
for
34
reconsideration
and
the
officer’s
request
for
reconsideration
35
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_____
is
approved
by
the
prosecuting
agency
on
its
merits,
the
1
officer’s
name
shall
be
removed
from
the
list.
If
the
2
officer’s
request
for
reconsideration
is
denied
by
the
3
prosecuting
agency,
the
officer’s
name
shall
remain
on
4
the
list.
If
an
officer
does
not
submit
a
request
for
5
reconsideration
or
fails
to
comply
with
the
requirements
for
6
submitting
a
request
for
reconsideration,
the
officer’s
name
7
shall
remain
on
the
list.
8
The
bill
provides
that
an
officer
whose
name
was
placed
on
a
9
list
prior
to
the
effective
date
of
the
bill
has
the
right
to
10
request
reconsideration
as
follows:
a
prosecuting
agency
shall
11
notify
an
officer
whose
name
was
placed
on
a
list
prior
to
the
12
effective
date
of
the
bill,
within
90
days
of
the
effective
13
date
of
the
bill,
and
provide
the
officer
with
the
information
14
required
in
the
bill;
and
upon
receipt
of
notification
from
a
15
prosecuting
agency,
an
officer
receiving
notice
shall
have
30
16
days
to
request
reconsideration.
17
The
bill
does
not
limit
the
duty
of
a
prosecuting
agency
18
to
produce
Brady-Giglio
discovery
evidence
in
all
cases
19
as
required
by
the
Constitution
of
the
United
States,
20
the
Constitution
of
the
State
of
Iowa,
and
the
Iowa
rules
21
of
criminal
procedure,
and
does
not
limit
or
restrict
a
22
prosecuting
agency’s
ability
to
remove
an
officer’s
name
23
from
a
list
if,
upon
receipt
of
additional
supporting
and
24
corroborating
information
or
a
change
in
factual
circumstances
25
at
any
time,
the
prosecuting
agency
determines
that
the
26
officer’s
name
no
longer
requires
placement
on
a
list.
27
The
bill
defines
“Brady-Giglio
list”
as
a
list
compiled
28
by
a
prosecuting
agency
containing
the
names
and
details
of
29
officers
who
have
sustained
incidents
of
untruthfulness,
30
criminal
convictions,
candor
issues,
or
some
other
type
of
31
issue
which
places
the
officer’s
credibility
into
question.
32
“Prosecuting
agency”
is
defined
as
the
attorney
general,
an
33
assistant
attorney
general,
the
county
attorney,
an
assistant
34
county
attorney,
a
special
prosecutor,
a
city
attorney,
or
an
35
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assistant
city
attorney.
1
The
bill
extends
the
repeal
of
Code
section
80F.1(23)
2
relating
to
the
prohibition
against
the
discharge,
discipline,
3
or
threatened
discharge
of
an
officer
solely
due
to
a
4
prosecuting
attorney
making
a
determination
or
disclosure
that
5
exculpatory
evidence
exists
concerning
the
officer.
6
The
bill
is
repealed
July
1,
2023.
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