Bill Text: IA SF2338 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the placement of a police officer on a Brady-Giglio list, including the right of a police officer to petition the court and the standard of proof required for actions regarding such placement.(Formerly SF 2200.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-25 - Withdrawn. S.J. 628. [SF2338 Detail]
Download: Iowa-2023-SF2338-Introduced.html
Senate
File
2338
-
Introduced
SENATE
FILE
2338
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2200)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
police
officer
on
a
1
Brady-Giglio
list,
including
the
right
of
a
police
officer
2
to
petition
the
court
and
the
standard
of
proof
required
for
3
actions
regarding
such
placement.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2338
Section
1.
Section
80F.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
25.
An
officer
shall
have
the
right
3
to
petition
the
district
court,
appeal,
or
intervene
in
an
4
action
regarding
a
prosecuting
agency’s
decision
to
place
an
5
officer
on
a
Brady-Giglio
list
or
for
refusing
to
prosecute
6
cases
involving
the
officer.
The
district
court
shall
have
7
jurisdiction
over
the
review
of
the
prosecuting
agency’s
8
decision.
The
district
court
shall
perform
an
in
camera
review
9
of
the
of
the
evidence
and
may
hold
a
closed
hearing
upon
the
10
request
of
the
officer
or
prosecuting
agency,
or
upon
the
11
court’s
own
motion.
The
district
court
may
affirm,
modify,
12
or
reverse
a
prosecuting
agency’s
decision,
and
issue
orders
13
or
provide
relief,
including
removal
of
the
officer
from
a
14
Brady-Giglio
list,
as
justice
may
require.
Evidence
presented
15
to
the
district
court
shall
be
provided
under
seal
and
kept
16
confidential
unless
otherwise
provided
by
law
and
ordered
by
17
the
district
court.
18
Sec.
2.
NEW
SECTION
.
80F.3
Standard
of
proof.
19
The
standard
of
proof
for
an
allegation,
administrative
20
charge,
complaint,
cause
of
action,
claim,
or
defense
under
21
this
chapter
shall
be
a
preponderance
of
the
evidence
unless
a
22
higher
standard
of
proof
is
required
by
law.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
right
of
a
police
officer
to
27
petition
the
court
regarding
placement
on
a
Brady-Giglio
list
28
by
a
prosecuting
agency,
and
establishes
the
standard
of
proof
29
required
for
actions
under
Code
chapter
80F.
30
The
bill
provides
that
an
officer
shall
have
the
right
to
31
petition
the
district
court,
appeal,
or
intervene
in
an
action
32
regarding
a
prosecuting
agency’s
decision
to
place
an
officer
33
on
a
Brady-Giglio
list
or
for
refusing
to
prosecute
cases
34
involving
the
officer.
The
district
court
has
jurisdiction
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S.F.
2338
over
the
review
of
the
prosecuting
agency’s
decision.
The
1
district
court
shall
perform
an
in
camera
review
of
the
2
evidence
and
may
hold
a
closed
hearing
upon
the
request
of
the
3
officer
or
prosecuting
agency,
or
upon
the
court’s
own
motion.
4
The
court
may
affirm,
modify,
or
reverse
a
prosecuting
agency’s
5
decision,
and
issue
orders
or
provide
relief,
including
removal
6
of
the
officer
from
a
Brady-Giglio
list.
Evidence
presented
7
to
the
district
court
shall
be
provided
under
seal
and
kept
8
confidential
unless
otherwise
provided
by
law
and
ordered
by
9
the
district
court.
10
The
bill
provides
that
the
standard
of
proof
for
an
11
allegation,
administrative
charge,
complaint,
cause
of
12
action,
claim,
or
defense
under
Code
chapter
80F
shall
be
a
13
preponderance
of
the
evidence
unless
a
higher
standard
of
proof
14
is
required
by
law.
15
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