Bill Text: IA SF2292 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to peace officer-involved shootings and peace officer-involved critical incidents, and including effective date provisions. (See SF 2379.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-24 - Committee report approving bill, renumbered as SF 2379. S.J. 401. [SF2292 Detail]
Download: Iowa-2019-SF2292-Introduced.html
Senate
File
2292
-
Introduced
SENATE
FILE
2292
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
peace
officer-involved
shootings
and
peace
1
officer-involved
critical
incidents,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2292
Section
1.
NEW
SECTION
.
80H.1
Peace
officer-involved
1
shootings
and
peace
officer-involved
critical
incidents
——
2
investigations.
3
1.
As
used
in
this
section:
4
a.
“Division”
means
the
division
of
criminal
investigation
5
of
the
department
of
public
safety.
6
b.
“Peace
officer”
means
the
same
as
defined
in
section
7
97A.1.
8
c.
“Peace
officer-involved
critical
incident”
means
any
of
9
the
following
in
the
peace
officer’s
official
capacity
as
a
10
peace
officer:
11
(1)
The
use
of
a
dangerous
weapon
by
a
peace
officer
against
12
any
person
that
causes
serious
bodily
injury
or
fatal
injury
13
to
any
person.
14
(2)
The
use
of
a
motor
vehicle
by
a
peace
officer
that
15
causes
a
physical
injury
to
any
person,
including
a
fatal
16
injury.
17
(3)
The
death
of
a
person
who
is
in
law
enforcement
custody,
18
not
including
a
death
that
is
the
result
of
disease,
natural
19
causes,
or
conditions
that
had
been
medically
diagnosed
prior
20
to
the
person’s
death.
21
d.
“Peace
officer-involved
shooting”
means
the
discharge
22
of
a
firearm
by
a
peace
officer
that
results
in
a
physical
23
injury,
serious
bodily
injury,
or
death
of
a
person,
including
24
an
accidental
discharge
of
a
firearm.
25
e.
“Serious
bodily
injury”
means
bodily
injury
which
26
involves
a
substantial
risk
of
death,
unconsciousness,
extreme
27
physical
pain,
protracted
and
obvious
disfigurement,
or
28
protracted
loss
or
impairment
of
the
function
of
a
bodily
29
member,
organ,
or
mental
faculty.
30
2.
An
peace
officer
involved
in
a
peace
officer-involved
31
shooting
or
a
peace
officer-involved
critical
incident
32
shall
have
the
right
to
have
legal
counsel
present,
at
the
33
peace
officer’s
expense,
during
any
investigation,
including
34
an
interview,
interrogation,
meetings,
or
any
criminal
35
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2292
administrative
proceedings
rising
out
of
the
incident.
The
1
peace
officer
shall
be
allowed
a
reasonable
opportunity
2
to
obtain
legal
counsel
in
advance
of
any
interview,
3
interrogation,
or
proceeding.
4
3.
The
peace
officer
involved
in
the
incident
shall
be
5
issued,
upon
request,
at
no
charge,
a
certified
copy
of
any
6
video
or
audio
recordings
related
to
the
incident
to
use
in
the
7
peace
officer’s
defense,
including
body
camera
video,
radio
8
traffic
recordings,
and
any
statements
by
the
peace
officer.
9
The
records
shall
be
provided
at
least
forty-eight
hours
prior
10
to
an
interview,
interrogation,
or
grand
jury
proceeding.
The
11
peace
officer
or
legal
counsel
for
the
peace
officer
shall
12
not
release
any
confidential
video
or
audio
recordings
to
13
the
public
without
the
written
consent
of
the
lawful
records
14
custodian
or
a
court
order
authorizing
the
release.
15
4.
The
name
of
the
peace
officer
shall
be
kept
confidential
16
until
the
peace
officer
has
been
interviewed
or
interrogated
17
as
part
of
the
criminal
investigation,
or
until
the
peace
18
officer
declines
a
voluntary
interview.
Personal
information,
19
including
a
peace
officer’s
home
address,
personal
contact
20
information,
and
date
of
birth
shall
be
kept
confidential.
21
5.
The
law
enforcement
agency
employing
a
peace
officer
22
involved
in
a
peace
officer-involved
shooting
or
a
peace
23
officer-involved
critical
incident
shall
promptly
offer
24
confidential
peer
support
and
confidential
counseling
to
the
25
peace
officer
at
no
charge
to
the
peace
officer.
26
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
27
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
procedures
regarding
peace
32
officer-involved
shootings
and
peace
officer-involved
critical
33
incidents.
The
bill
provides
that
a
peace
officer
shall
34
have
the
right
to
have
legal
counsel
and
shall
be
allowed
a
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reasonable
opportunity
to
obtain
counsel.
1
The
bill
provides
that
a
peace
officer
involved
in
a
2
peace
officer-involved
shooting
or
a
peace
officer-involved
3
critical
incident
shall
be
issued,
upon
request,
at
no
charge,
4
a
certified
copy
of
any
video
or
audio
recordings
related
to
5
the
incident
in
a
timely
fashion.
The
bill
provides
that
the
6
peace
officer
shall
not
release
any
confidential
video
or
7
audio
recordings
to
the
public
without
the
written
consent
of
8
the
lawful
records
custodian
or
a
court
order
authorizing
the
9
release.
10
The
bill
provides
that
the
name
of
the
peace
officer
shall
be
11
kept
confidential
until
the
peace
officer
has
been
interviewed
12
as
part
of
the
criminal
investigation
or
until
the
peace
13
officer
declines
a
voluntary
interview.
The
bill
provides
that
14
personal
information,
including
a
peace
officer’s
home
address,
15
personal
contact
information,
and
date
of
birth
shall
be
kept
16
confidential.
17
The
bill
provides
that
the
employing
agency
shall
promptly
18
offer
to
a
peace
officer
involved
in
a
peace
officer-involved
19
shooting
or
a
peace
officer-involved
critical
incident
20
confidential
peer
support
and
confidential
counseling
at
no
21
charge
to
the
peace
officer.
22
The
bill
defines
“peace
officer-involved
critical
incident”
23
as
any
of
the
following
occurring
in
the
peace
officer’s
24
official
capacity
as
a
peace
officer:
the
use
of
a
dangerous
25
weapon
by
a
peace
officer
against
any
person
that
causes
26
serious
bodily
injury
or
fatal
injury;
the
use
of
a
motor
27
vehicle
by
a
peace
officer
that
causes
a
physical
injury
to
any
28
person,
including
a
fatal
injury;
or
the
death
of
a
person
who
29
is
in
law
enforcement
custody,
not
including
a
death
that
is
30
the
result
of
disease,
natural
causes,
or
conditions
that
have
31
been
medically
diagnosed
prior
to
the
person’s
death.
The
bill
32
defines
“peace
officer-involved
shooting”
as
the
discharge
of
a
33
firearm
by
a
peace
officer
that
results
in
a
physical
injury.
34
The
bill
also
defines
“division”,
“peace
officer”,
and
“serious
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