Bill Text: IA SF2293 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the peace officer, public safety, and emergency personnel bill of rights. (See SF 2378.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-24 - Committee report approving bill, renumbered as SF 2378. S.J. 401. [SF2293 Detail]
Download: Iowa-2019-SF2293-Introduced.html
Senate
File
2293
-
Introduced
SENATE
FILE
2293
BY
DAWSON
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
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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
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2293
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.
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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
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2293
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.
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