Bill Text: IA SF2123 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the Iowa law enforcement academy council including the revocation or suspension of certifications of law enforcement officers and reserve peace officers in this state and certifications of law enforcement officers in other states, and the peace officer, public safety, and emergency personnel bill of rights including formal administrative investigations of officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-01 - Subcommittee Meeting: 02/03/2022 10:00AM Room G17. [SF2123 Detail]
Download: Iowa-2021-SF2123-Introduced.html
Senate
File
2123
-
Introduced
SENATE
FILE
2123
BY
COURNOYER
A
BILL
FOR
An
Act
relating
to
the
Iowa
law
enforcement
academy
council
1
including
the
revocation
or
suspension
of
certifications
2
of
law
enforcement
officers
and
reserve
peace
officers
in
3
this
state
and
certifications
of
law
enforcement
officers
4
in
other
states,
and
the
peace
officer,
public
safety,
5
and
emergency
personnel
bill
of
rights
including
formal
6
administrative
investigations
of
officers.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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Section
1.
Section
80B.6,
subsection
1,
Code
2022,
is
1
amended
by
adding
the
following
new
paragraphs:
2
NEW
PARAGRAPH
.
l.
A
member
of
the
Iowa
fraternal
order
of
3
police.
4
NEW
PARAGRAPH
.
m.
A
peace
officer
employed
by
an
5
institution
under
the
control
of
the
state
board
of
regents
who
6
is
not
employed
in
an
administrative
position.
7
Sec.
2.
Section
80B.11F,
subsection
1,
Code
2022,
is
amended
8
to
read
as
follows:
9
1.
For
purposes
of
this
section
,
“
serious
aggravated
10
misconduct”
means
improper
or
illegal
actions
taken
by
a
law
11
enforcement
officer
in
connection
with
the
officer’s
official
12
duties
including
but
not
limited
to
a
conviction
for
a
felony,
13
fabrication
of
evidence,
repeated
use
of
excessive
force
in
14
violation
of
clearly
established
law
,
acceptance
of
a
bribe,
or
15
the
commission
of
fraud.
16
Sec.
3.
Section
80B.11F,
subsection
3,
paragraphs
c
and
d,
17
Code
2022,
are
amended
to
read
as
follows:
18
c.
Whether
the
applicant
has
been
discharged
for
serious
19
aggravated
misconduct
from
employment
as
a
law
enforcement
20
officer.
21
d.
Whether
the
applicant
knowingly
left
,
or
voluntarily
22
quit
,
or
has
been
laid
off
when
the
applicant
knew
or
believed
23
that
was
notified
of
a
disciplinary
investigation
or
action
24
was
imminent
or
pending
which
could
would
have
resulted
in
the
25
applicant
being
discharged
for
serious
aggravated
misconduct.
26
Sec.
4.
Section
80B.11F,
subsection
4,
paragraphs
c
and
d,
27
Code
2022,
are
amended
to
read
as
follows:
28
c.
Been
discharged
for
serious
aggravated
misconduct
from
29
employment
as
a
law
enforcement
officer.
30
d.
Left,
Knowingly
left
or
voluntarily
quit
,
or
been
31
laid
off
when
the
officer
was
notified
of
a
disciplinary
32
investigation
or
action
was
imminent
or
pending
which
could
33
would
have
resulted
in
the
applicant
being
discharged
for
34
serious
aggravated
misconduct,
if
the
council
determines
that
35
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the
applicant
engaged
in
serious
aggravated
misconduct.
1
Sec.
5.
Section
80B.13A,
subsection
1,
paragraphs
a
and
b,
2
Code
2022,
are
amended
to
read
as
follows:
3
a.
“Final”
means
that
all
appeals
through
a
grievance
4
procedure
or
other
procedure
available
to
the
officer
or
civil
5
service
have
been
exhausted.
6
b.
“
Serious
Aggravated
misconduct”
means
improper
or
illegal
7
actions
taken
by
a
law
enforcement
officer
or
reserve
peace
8
officer
in
connection
with
the
officer’s
official
duties
9
including
but
not
limited
to
a
conviction
for
a
felony,
10
fabrication
of
evidence,
repeated
use
of
excessive
force
in
11
violation
of
clearly
established
law
,
acceptance
of
a
bribe,
or
12
the
commission
of
fraud.
13
Sec.
6.
Section
80B.13A,
subsection
2,
paragraphs
b
and
c,
14
Code
2022,
are
amended
to
read
as
follows:
15
b.
Been
discharged
for
serious
aggravated
misconduct
from
16
employment
as
a
law
enforcement
officer
or
from
appointment
as
17
a
reserve
peace
officer,
as
applicable.
18
c.
Left,
Knowingly
left
or
voluntarily
quit
,
or
been
19
laid
off
when
the
officer
was
notified
of
a
disciplinary
20
investigation
or
action
was
imminent
or
pending
which
could
21
would
have
resulted
in
the
law
enforcement
officer
being
22
discharged
or
the
reserve
peace
officer
being
removed
for
23
serious
aggravated
misconduct,
if
the
council
determines
that
24
the
officer
engaged
in
serious
aggravated
misconduct.
25
Sec.
7.
Section
80B.13A,
subsection
3,
unnumbered
paragraph
26
1,
Code
2022,
is
amended
to
read
as
follows:
27
The
council
may
revoke
or
suspend
the
certification
of
a
28
law
enforcement
officer
or
reserve
peace
officer
,
publicly
or
29
privately
reprimand
an
officer
or
employing
agency,
or
order
30
remedial
training
for
an
officer
or
employing
agency
due
to
any
31
of
the
following:
32
Sec.
8.
Section
80B.13A,
subsection
4,
Code
2022,
is
amended
33
to
read
as
follows:
34
4.
a.
An
employing
agency
shall
notify
the
council
within
35
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ten
days
of
any
termination
of
employment
of
a
law
enforcement
1
officer
or
appointment
as
a
reserve
peace
officer.
The
2
notification
must
state
whether
the
law
enforcement
officer
or
3
reserve
peace
officer
was
discharged
or
removed
for
serious
4
aggravated
misconduct
,
or
whether
the
officer
was
notified
of
5
a
disciplinary
investigation
or
action
which
clearly
would
6
have
resulted
in
the
officer
being
discharged
or
removed
for
7
aggravated
misconduct
and
the
officer
left
,
or
voluntarily
8
quit,
or
was
laid
off
when
disciplinary
investigation
or
action
9
was
imminent
or
pending
which
could
have
resulted
in
the
10
officer
being
discharged
or
removed
for
serious
misconduct
and
11
whether
the
action
taken
by
the
agency
is
final
.
12
b.
If
the
law
enforcement
officer
or
reserve
peace
officer
13
exercises
any
right
to
hold
the
employing
agency’s
decision
14
in
abeyance
or
appeals,
grieves,
or
contests
the
officer’s
15
termination
as
provided
by
law,
the
employing
agency
shall
16
notify
the
council
in
writing
within
ten
days
of
the
filing
of
17
such
action
by
the
officer.
18
c.
Upon
request
by
the
council,
the
employing
agency
shall
19
provide
any
additional
information
or
documentation
about
the
20
officer
including
confidential
records
or
information
under
21
section
22.7
or
other
applicable
law
to
the
council.
22
Sec.
9.
Section
80B.13A,
Code
2022,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
3A.
A
decision
of
the
council
to
revoke
25
the
certification
of
a
law
enforcement
officer
or
reserve
peace
26
officer
shall
be
made
by
a
unanimous
vote
of
the
council.
A
27
decision
to
suspend
the
certification
of
a
law
enforcement
28
officer
or
reserve
peace
officer
for
thirty
days
or
more
shall
29
be
made
by
a
supermajority
vote
of
the
council.
30
NEW
SUBSECTION
.
4A.
An
action
for
revocation
or
suspension
31
of
the
certification
of
a
law
enforcement
officer
or
reserve
32
peace
officer
shall
not
be
maintained
by
the
council
unless
the
33
action
is
commenced
within
one
hundred
eighty
days
from
the
34
date
the
council
was
notified
of
the
grounds
for
the
revocation
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or
suspension.
1
Sec.
10.
Section
80F.1,
subsection
1,
paragraphs
b
and
e,
2
Code
2022,
are
amended
to
read
as
follows:
3
b.
“Formal
administrative
investigation”
means
an
4
investigative
process
ordered
by
a
commanding
officer
of
an
5
agency
or
commander’s
designee
during
which
the
investigation
6
and
questioning
of
an
officer
is
intended
to
gather
evidence
7
to
determine
the
merit
of
a
complaint
which
may
be
the
basis
8
for
administrative
charges
seeking
the
removal,
discharge,
or
9
suspension,
or
other
disciplinary
action
against
the
officer.
10
e.
“Officer”
means
a
certified
law
enforcement
officer,
fire
11
fighter,
emergency
medical
technician,
corrections
officer,
12
detention
officer,
jailer,
probation
or
parole
officer,
13
communications
officer,
or
any
other
law
enforcement
officer
14
certified
in
training
or
who
is
certified
by
the
Iowa
law
15
enforcement
academy
and
who
is
employed
by
a
municipality,
16
county,
or
state
agency.
17
Sec.
11.
Section
80F.1,
Code
2022,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
5A.
Upon
written
request
by
the
officer
or
20
the
officer’s
legal
counsel,
the
employing
agency
shall
provide
21
the
officer
who
is
the
subject
of
a
complaint
or
the
officer’s
22
legal
counsel
with
a
complete
copy
of
the
officer’s
incident
23
report
and
any
video
or
audio
recordings
from
the
incident
24
giving
rise
to
the
complaint
without
unnecessary
delay
prior
to
25
the
officer’s
interview.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
Iowa
law
enforcement
academy
30
including
the
revocation
or
suspension
of
certifications
of
law
31
enforcement
officers
and
reserve
peace
officers
in
this
state
32
and
certifications
of
law
enforcement
officers
in
other
states
33
by
the
Iowa
law
enforcement
academy
council,
and
the
peace
34
officer,
public
safety,
and
emergency
personnel
bill
of
rights
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including
formal
administrative
investigations
of
officers.
1
The
bill
adds
a
member
of
the
Iowa
fraternal
order
of
police
2
and
a
peace
officer
employed
by
an
institution
under
the
3
control
of
the
state
board
of
regents
who
is
not
employed
in
4
an
administrative
position
to
the
membership
of
the
Iowa
law
5
enforcement
academy
council
(council).
6
The
bill
amends
the
current
definition
of
“serious
7
misconduct”
to
“aggravated
misconduct”
for
purposes
of
8
the
revocation
or
suspension
of
the
certification
of
a
law
9
enforcement
officer
or
peace
officer
by
the
council.
The
10
bill
defines
aggravated
misconduct
to
mean
illegal
actions
11
taken
by
a
law
enforcement
officer
or
reserve
peace
officer
in
12
connection
with
the
officer’s
official
duties
including
but
not
13
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
14
repeated
use
of
excessive
force
in
violation
of
clearly
15
established
law,
acceptance
of
a
bribe,
or
the
commission
of
16
fraud.
The
bill
amends
the
definition
of
“final”
for
this
same
17
purpose
to
mean
that
all
appeals
through
a
grievance
procedure
18
or
other
procedure
available
to
the
officer
or
civil
service
19
have
been
exhausted.
The
bill
makes
conforming
changes
to
Code
20
section
80B.11F
by
changing
“serious
misconduct”
to
“aggravated
21
misconduct”
concerning
officers
who
were
previously
certified
22
in
another
state.
23
The
bill
provides
that
the
council
shall
revoke
the
24
certification
of
a
law
enforcement
officer
or
reserve
peace
25
officer
upon
a
finding
that
the
law
enforcement
officer
26
or
peace
officer
has
been
discharged
from
employment
for
27
aggravated
misconduct
or
because
the
officer
knowingly
28
left
or
voluntarily
quit
when
the
officer
was
notified
of
a
29
disciplinary
investigation
or
action
which
would
have
resulted
30
in
the
law
enforcement
officer
being
discharged
or
the
reserve
31
peace
officer
being
removed
for
aggravated
misconduct,
if
the
32
council
determines
that
the
officer
engaged
in
aggravated
33
misconduct.
34
The
bill
provides
that
the
council
may
revoke
or
suspend
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the
certification
of
a
law
enforcement
officer
or
reserve
1
peace
officer,
publicly
or
privately
reprimand
an
officer
2
or
employing
agency,
or
order
remedial
training
for
an
3
officer
or
employing
agency
due
to
any
grounds
authorized
by
4
administrative
rules
or
the
recommendation
of
an
employing
5
agency
or
the
attorney
general.
6
The
bill
provides
that
a
decision
of
the
council
to
revoke
7
the
certification
of
a
law
enforcement
officer
or
reserve
peace
8
officer
shall
be
made
by
a
unanimous
vote
of
the
council.
A
9
decision
to
suspend
the
certification
of
a
law
enforcement
10
officer
or
reserve
peace
officer
for
30
days
or
more
shall
be
11
made
by
a
supermajority
vote
of
the
council.
An
action
for
12
revocation
or
suspension
of
certification
of
a
law
enforcement
13
officer
or
reserve
peace
officer
shall
not
be
maintained
by
the
14
council
unless
the
action
is
commenced
within
180
days
from
the
15
date
the
council
was
notified
of
the
grounds
for
the
revocation
16
or
suspension.
17
The
bill
provides
that
an
employing
agency
shall
notify
18
the
council
within
10
days
of
any
termination
of
employment
19
of
a
law
enforcement
officer
or
reserve
peace
officer,
and
20
the
notification
must
state
whether
the
law
enforcement
21
officer
or
reserve
peace
officer
was
discharged
or
removed
22
for
aggravated
misconduct,
whether
the
officer
was
notified
23
of
a
disciplinary
investigation
or
action
which
clearly
would
24
have
resulted
in
the
officer
being
discharged
or
removed
for
25
aggravated
misconduct
and
the
officer
left
or
voluntarily
quit,
26
and
whether
the
action
taken
by
the
agency
is
final.
If
the
27
law
enforcement
officer
or
reserve
peace
officer
exercises
any
28
right
to
hold
the
employing
agency’s
decision
in
abeyance
or
29
appeals,
grieves,
or
contests
the
officer’s
termination
as
30
provided
by
law,
the
employing
agency
shall
notify
the
council
31
in
writing
within
10
days
of
the
filing
of
such
action
by
the
32
officer.
33
The
bill
makes
changes
to
the
definitions
of
“formal
34
administrative
investigation”
and
“officer”
for
purposes
of
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Code
section
80F.1
(peace
officer,
public
safety,
and
emergency
1
personnel
bill
of
rights).
2
The
bill
amends
the
peace
officer,
public
safety,
and
3
emergency
personnel
bill
of
rights
to
provide
that
upon
written
4
request
by
an
officer
who
is
the
subject
of
a
complaint
or
the
5
officer’s
legal
counsel,
the
employing
agency
shall
provide
the
6
officer
or
the
officer’s
legal
counsel
with
a
complete
copy
7
of
the
officer’s
incident
report
and
the
officer’s
video
or
8
audio
recordings
from
the
incident
giving
rise
to
the
complaint
9
without
unnecessary
delay
prior
to
the
officer’s
interview.
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