Bill Text: IA SF2416 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to peace officers, including the certification, training, and prosecution of peace officers and the use of chokeholds by peace officers, and including effective date and retroactive applicability provisions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-06-11 - Withdrawn. S.J. 777. [SF2416 Detail]
Download: Iowa-2019-SF2416-Introduced.html
Senate
File
2416
-
Introduced
SENATE
FILE
2416
BY
WHITVER
and
PETERSEN
A
BILL
FOR
An
Act
relating
to
peace
officers,
including
the
certification,
1
training,
and
prosecution
of
peace
officers
and
the
use
of
2
chokeholds
by
peace
officers,
and
including
effective
date
3
and
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
PROSECUTION
BY
ATTORNEY
GENERAL
2
Section
1.
NEW
SECTION
.
13.12
Prosecution
of
criminal
3
offenses
committed
by
law
enforcement
officers.
4
The
attorney
general
may
prosecute
a
criminal
offense
5
committed
by
a
law
enforcement
officer,
as
defined
in
section
6
80B.3,
arising
from
the
actions
of
the
officer
resulting
in
the
7
death
of
another,
regardless
of
whether
the
county
attorney
8
requests
the
assistance
of
the
attorney
general
or
decides
9
to
independently
prosecute
the
criminal
offense
committed
by
10
the
officer.
If
the
attorney
general
determines
that
criminal
11
charges
are
not
appropriate,
the
attorney
general
may
refer
the
12
matter
to
the
Iowa
law
enforcement
academy
council
to
recommend
13
revocation
or
suspension
of
the
officer’s
certification
if
14
the
attorney
general
determines
that
the
officer
committed
15
misconduct
that
would
be
grounds
for
revocation
or
suspension
16
of
a
certification
under
chapter
80B
or
80D,
or
rules
adopted
17
pursuant
to
those
chapters.
18
DIVISION
II
19
USE
OF
CHOKEHOLDS
BY
PEACE
OFFICERS
20
Sec.
2.
Section
804.8,
Code
2020,
is
amended
to
read
as
21
follows:
22
804.8
Use
of
force
by
peace
officer
making
an
arrest.
23
1.
A
peace
officer,
while
making
a
lawful
arrest,
is
24
justified
in
the
use
of
any
force
which
the
peace
officer
25
reasonably
believes
to
be
necessary
to
effect
the
arrest
or
to
26
defend
any
person
from
bodily
harm
while
making
the
arrest.
27
However,
the
use
of
deadly
force
or
a
chokehold
is
only
28
justified
when
a
person
cannot
be
captured
any
other
way
and
29
either
of
the
following
apply:
30
a.
The
person
has
used
or
threatened
to
use
deadly
force
in
31
committing
a
felony.
32
b.
The
peace
officer
reasonably
believes
the
person
33
would
use
deadly
force
against
any
person
unless
immediately
34
apprehended.
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2.
A
peace
officer
making
an
arrest
pursuant
to
an
invalid
1
warrant
is
justified
in
the
use
of
any
force
which
the
peace
2
officer
would
be
justified
in
using
if
the
warrant
were
valid,
3
unless
the
peace
officer
knows
that
the
warrant
is
invalid.
4
3.
For
purposes
of
this
section,
“chokehold”
means
the
5
intentional
and
prolonged
application
of
force
to
the
throat
6
or
windpipe
that
prevents
or
hinders
breathing
or
reduces
the
7
intake
of
air.
8
DIVISION
III
9
CERTIFICATIONS
——
OTHER
STATES
——
REVOCATION
OR
SUSPENSION
10
Sec.
3.
Section
80B.3,
Code
2020,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
4.
“Reserve
peace
officer”
means
the
same
13
as
defined
in
section
80D.1A.
14
Sec.
4.
NEW
SECTION
.
80B.11F
Previous
certification
in
15
other
states.
16
1.
For
purposes
of
this
section,
“serious
misconduct”
means
17
improper
or
illegal
actions
taken
by
a
law
enforcement
officer
18
in
connection
with
the
officer’s
official
duties
including
19
but
not
limited
to
a
conviction
for
a
felony,
fabrication
of
20
evidence,
repeated
use
of
excessive
force,
acceptance
of
a
21
bribe,
or
the
commission
of
fraud.
22
2.
The
council
may
adopt
rules
pursuant
to
chapter
17A
to
23
establish
a
process
for
the
certification
through
examination
24
of
law
enforcement
officers
who
have
been
certified
in
another
25
state.
26
3.
Before
beginning
employment
with
an
employing
agency
in
27
this
state,
a
law
enforcement
officer
who
has
been
certified
28
in
another
state
must
submit
a
preliminary
application
29
for
certification
through
examination
to
the
council.
The
30
application
shall
be
under
oath
and
shall
require
the
applicant
31
to
provide
any
information
determined
to
be
necessary
by
the
32
council,
including
but
not
limited
to
an
attestation
by
the
33
applicant
to
any
of
the
following:
34
a.
Whether
the
applicant’s
certification
as
a
law
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enforcement
officer
has
been
revoked
or
suspended
in
another
1
state.
2
b.
Whether
the
applicant
has
pled
guilty
to
or
been
3
convicted
of
a
felony.
4
c.
Whether
the
applicant
has
been
discharged
for
serious
5
misconduct
from
employment
as
a
law
enforcement
officer.
6
d.
Whether
the
applicant
left,
voluntarily
quit,
or
has
been
7
laid
off
when
the
applicant
knew
or
believed
that
disciplinary
8
investigation
or
action
was
imminent
or
pending
which
could
9
have
resulted
in
the
applicant
being
discharged
for
serious
10
misconduct.
11
4.
The
council
shall
deny
a
preliminary
application
upon
a
12
finding
that
the
applicant
has
done
any
of
the
following:
13
a.
Been
revoked
as
a
certified
law
enforcement
officer
in
14
another
state.
15
b.
Pled
guilty
to
or
been
convicted
of
a
felony.
16
c.
Been
discharged
for
serious
misconduct
from
employment
17
as
a
law
enforcement
officer.
18
d.
Left,
voluntarily
quit,
or
been
laid
off
when
19
disciplinary
investigation
or
action
was
imminent
or
pending
20
which
could
have
resulted
in
the
applicant
being
discharged
21
for
serious
misconduct,
if
the
council
determines
that
the
22
applicant
engaged
in
serious
misconduct.
23
5.
If
the
council
denies
a
preliminary
application
for
24
certification
through
examination,
the
applicant
shall
be
25
prohibited
from
continued
employment
as
a
law
enforcement
26
officer
in
this
state.
27
Sec.
5.
Section
80B.13,
subsections
8
and
9,
Code
2020,
are
28
amended
to
read
as
follows:
29
8.
a.
Revoke
or
suspend
a
law
enforcement
officer’s
or
30
reserve
peace
officer’s
certification
for
the
conviction
of
31
a
felony
or
revoke
or
suspend
a
law
enforcement
officer’s
32
certification
for
a
violation
of
rules
adopted
pursuant
to
33
section
80B.11,
subsection
1
,
paragraph
“h”
pursuant
to
section
34
80B.13A
.
In
addition
the
council
may
consider
revocation
or
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suspension
proceedings
when
an
employing
agency
recommends
to
1
the
council
that
revocation
or
suspension
would
be
appropriate
2
with
regard
to
a
current
or
former
employee.
If
a
law
3
enforcement
officer
resigns,
the
employing
agency
shall
notify
4
the
council
that
an
officer
has
resigned
and
state
the
reason
5
for
the
resignation
if
a
substantial
likelihood
exists
that
6
the
reason
would
result
in
the
revocation
or
suspension
of
an
7
officer’s
certification
for
a
violation
of
the
rules.
8
b.
A
recommendation
by
an
employing
agency
must
be
in
9
writing
and
set
forth
the
reasons
why
the
action
is
being
10
recommended,
the
findings
of
the
employing
agency
concerning
11
the
matter,
the
action
taken
by
the
employing
agency,
and
that
12
the
action
by
the
agency
is
final.
“Final”
,
as
used
in
this
13
section
,
means
that
all
appeals
through
a
grievance
procedure
14
available
to
the
officer
or
civil
service
have
been
exhausted.
15
The
written
recommendations
shall
be
unavailable
for
inspection
16
by
anyone
except
personnel
of
the
employing
agency,
the
council
17
and
the
affected
law
enforcement
officer,
or
as
ordered
by
a
18
reviewing
court.
19
c.
The
council
shall
establish
a
process
for
the
protest
20
and
appeal
of
a
revocation
or
suspension
made
pursuant
to
this
21
subsection
.
22
9.
In
accordance
with
chapter
17A
,
conduct
investigations,
23
hold
hearings,
appoint
hearing
examiners
administrative
law
24
judges
,
administer
oaths
,
and
issue
subpoenas
enforceable
25
in
district
court
on
matters
relating
to
the
revocation
or
26
suspension
of
a
law
enforcement
officer’s
certification.
27
Sec.
6.
NEW
SECTION
.
80B.13A
Revocation
or
suspension
of
28
certification.
29
1.
For
purposes
of
this
section:
30
a.
“Final”
means
that
all
appeals
through
a
grievance
31
procedure
available
to
the
officer
or
civil
service
have
been
32
exhausted.
33
b.
“Serious
misconduct”
means
improper
or
illegal
actions
34
taken
by
a
law
enforcement
officer
or
reserve
peace
officer
in
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connection
with
the
officer’s
official
duties
including
but
not
1
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
2
repeated
use
of
excessive
force,
acceptance
of
a
bribe,
or
the
3
commission
of
fraud.
4
2.
The
council
shall
revoke
the
certification
of
a
law
5
enforcement
officer
or
reserve
peace
officer
upon
a
finding
6
that
the
law
enforcement
officer
or
reserve
peace
officer
has
7
done
any
of
the
following:
8
a.
Pled
guilty
to
or
been
convicted
of
a
felony.
9
b.
Been
discharged
for
serious
misconduct
from
employment
10
as
a
law
enforcement
officer
or
from
appointment
as
a
reserve
11
peace
officer,
as
applicable.
12
c.
Left,
voluntarily
quit,
or
been
laid
off
when
13
disciplinary
investigation
or
action
was
imminent
or
pending
14
which
could
have
resulted
in
the
law
enforcement
officer
being
15
discharged
or
the
reserve
peace
officer
being
removed
for
16
serious
misconduct,
if
the
council
determines
that
the
officer
17
engaged
in
serious
misconduct.
18
3.
The
council
may
revoke
or
suspend
the
certification
of
a
19
law
enforcement
officer
or
reserve
peace
officer
due
to
any
of
20
the
following:
21
a.
For
any
other
grounds
authorized
by
rules
adopted
22
pursuant
to
section
80B.11,
subsection
1,
paragraph
“h”
,
or
23
section
80D.4A.
24
b.
When
an
employing
agency
recommends
to
the
council
that
25
revocation
or
suspension
would
be
appropriate
with
regard
to
a
26
current
or
former
employee.
A
recommendation
by
an
employing
27
agency
must
be
in
writing
and
set
forth
the
reasons
why
the
28
action
is
being
recommended,
the
findings
of
the
employing
29
agency
concerning
the
matter,
the
action
taken
by
the
employing
30
agency,
and
that
the
action
by
the
agency
is
final.
31
c.
When
the
attorney
general
recommends
to
the
council
32
that
revocation
or
suspension
would
be
appropriate
pursuant
to
33
section
13.12.
34
4.
An
employing
agency
shall
notify
the
council
within
ten
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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
misconduct
or
whether
the
officer
left,
voluntarily
quit,
or
5
was
laid
off
when
disciplinary
investigation
or
action
was
6
imminent
or
pending
which
could
have
resulted
in
the
officer
7
being
discharged
or
removed
for
serious
misconduct.
Upon
8
request
by
the
council,
the
employing
agency
shall
provide
9
any
additional
information
or
documentation
about
the
officer
10
including
confidential
records
or
information
under
section
11
22.7
or
other
applicable
law
to
the
council.
12
5.
Any
recommendation,
notification,
or
other
record
or
13
information
provided
by
an
employing
agency
or
the
attorney
14
general
pursuant
to
this
section
shall
be
confidential
except
15
as
required
by
rule
or
order
of
the
council,
an
administrative
16
law
judge,
or
a
reviewing
court.
Any
employing
agency
or
17
person
who,
acting
reasonably
and
in
good
faith,
files
a
18
notification
or
recommendation,
releases
information,
or
19
otherwise
cooperates
with
an
investigation
under
this
section
20
is
immune
from
any
liability,
civil
or
criminal,
which
might
21
otherwise
be
incurred
or
imposed
for
such
action.
22
6.
The
council
shall
adopt
rules
pursuant
to
chapter
17A
23
establishing
a
process
to
challenge
and
appeal
a
revocation
or
24
suspension
made
pursuant
to
this
section.
25
Sec.
7.
Section
80D.4A,
Code
2020,
is
amended
to
read
as
26
follows:
27
80D.4A
Training
and
certification
requirements
——
revocation
28
or
suspension
of
certification
.
29
The
director
of
the
academy,
subject
to
the
approval
30
of
the
council,
shall
promulgate
rules
in
accordance
with
31
the
provisions
of
this
chapter
and
chapter
17A
,
giving
due
32
consideration
to
varying
factors
and
special
requirements
of
33
law
enforcement
agencies
relative
to
the
standardized
training
34
and
state
certification
of
reserve
peace
officers.
The
rules
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shall
provide
for
grounds
for
revocation
or
suspension
of
a
1
reserve
peace
officer’s
certification.
2
DIVISION
IV
3
LAW
ENFORCEMENT
TRAINING
——
DE-ESCALATION
TECHNIQUES
AND
4
PREVENTION
OF
BIAS
5
Sec.
8.
NEW
SECTION
.
80B.11G
Annual
training
——
6
de-escalation
techniques
and
prevention
of
bias.
7
1.
A
law
enforcement
agency
shall
provide
annual
training
8
to
every
law
enforcement
officer
on
issues
relating
to
9
de-escalation
techniques
and
the
prevention
of
bias.
Every
law
10
enforcement
officer
in
the
state
must
participate
in
annual
11
training
in
accordance
with
this
section.
12
2.
The
academy
shall
develop
and
disseminate
training
13
guidelines
for
all
law
enforcement
officers
consistent
with
14
best
practice
guidelines.
15
3.
Every
law
enforcement
officer
shall
adhere
to
the
16
training
guidelines
developed
by
the
academy
pursuant
to
this
17
section.
The
training
guidelines
shall
include
all
of
the
18
following:
19
a.
An
emphasis
on
law
enforcement
officer
understanding
20
and
respect
for
diverse
communities
and
the
importance
of
21
effective,
noncombative
methods
of
carrying
out
law
enforcement
22
activities
in
a
diverse
community.
23
b.
Instruction
on
diverse
communities
in
order
to
foster
24
mutual
respect
and
cooperation
between
law
enforcement
and
25
members
of
all
diverse
communities.
26
c.
An
examination
of
the
patterns,
practices,
and
protocols
27
that
cause
biased
law
enforcement
actions,
and
the
tools
to
28
prevent
such
actions.
29
d.
An
examination
and
identification
of
key
indices
and
30
perspectives
that
make
up
differences
among
residents
in
a
31
local
community.
32
e.
Instruction
on
implicit
bias
and
consideration
of
the
33
negative
impact
of
bias,
whether
intentional
or
implicit,
34
on
effective
law
enforcement,
including
examination
of
how
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historical
perceptions
of
profiling
have
harmed
community
1
relations.
2
f.
Instruction
on
the
perspectives
of
diverse
local
3
constituency
groups
from
experts
on
particular
cultural
and
law
4
enforcement-community
relations
issues
in
a
local
area.
5
g.
A
presentation
of
the
history
and
the
role
of
the
civil
6
rights
movement
and
the
impact
on
law
enforcement.
7
h.
Instruction
on
de-escalation
techniques,
including
verbal
8
and
physical
tactics
to
minimize
the
need
for
the
use
of
force
9
and
nonlethal
methods
of
applying
force.
10
4.
In
developing
the
training
guidelines,
the
academy
shall
11
consult
with
the
Iowa
civil
rights
commission,
groups
and
12
individuals
having
an
interest
and
expertise
in
the
field
of
13
cultural
awareness
and
diversity,
and
advocacy
organizations
14
with
an
interest
and
expertise
in
the
field
of
biased
law
15
enforcement
actions.
The
academy
shall
also
consult
with
local
16
law
enforcement
agencies
to
consider
challenges
and
barriers
to
17
providing
training
under
the
guidelines
and
methods
to
ease
the
18
burden
on
such
agencies.
19
Sec.
9.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3,
20
shall
not
apply
to
this
division
of
this
Act.
21
DIVISION
V
22
EFFECTIVE
DATE
AND
APPLICABILITY
23
Sec.
10.
EFFECTIVE
UPON
ENACTMENT.
Unless
otherwise
24
provided,
this
Act,
if
approved
by
the
governor
on
or
after
25
July
1,
2020,
takes
effect
upon
enactment.
26
Sec.
11.
RETROACTIVE
APPLICABILITY.
Unless
otherwise
27
provided,
this
Act,
if
approved
by
the
governor
on
or
after
28
July
1,
2020,
applies
retroactively
to
July
1,
2020.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
peace
officers,
including
the
33
certification,
training,
and
prosecution
of
peace
officers
and
34
the
use
of
chokeholds
by
peace
officers.
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PROSECUTION
BY
ATTORNEY
GENERAL.
The
bill
authorizes
the
1
attorney
general
to
prosecute
a
criminal
offense
committed
by
a
2
law
enforcement
officer
arising
from
the
actions
of
the
officer
3
resulting
in
the
death
of
another,
regardless
of
whether
the
4
county
attorney
requests
the
assistance
of
the
attorney
general
5
or
decides
to
independently
prosecute
the
criminal
offense
6
committed
by
the
officer.
If
the
attorney
general
determines
7
that
criminal
charges
are
not
appropriate,
the
bill
authorizes
8
the
attorney
general
to
refer
the
matter
to
the
Iowa
law
9
enforcement
academy
council
(council)
to
recommend
revocation
10
or
suspension
of
the
officer’s
certification.
11
USE
OF
CHOKEHOLDS
BY
PEACE
OFFICERS.
The
bill
provides
12
that
the
use
of
a
chokehold,
as
defined
in
the
bill,
by
a
13
peace
officer
while
making
an
arrest
is
only
justified
when
14
the
person
being
arrested
has
used
or
threatened
to
use
15
deadly
force
in
committing
a
felony,
or
when
the
peace
officer
16
reasonably
believes
the
person
would
use
deadly
force
against
17
any
person
unless
immediately
apprehended.
These
are
the
same
18
circumstances
under
which
the
use
of
deadly
force
by
a
peace
19
officer
during
an
arrest
is
justified
under
current
law.
20
CERTIFICATIONS
——
OTHER
STATES
——
REVOCATION
OR
SUSPENSION.
21
The
bill
allows
the
council
to
appoint
administrative
law
22
judges.
The
bill
sets
forth
the
circumstances
under
which
the
23
council
is
required
to
revoke
a
law
enforcement
officer’s
or
24
reserve
peace
officer’s
certification,
and
the
circumstances
25
under
which
the
council
is
authorized
to
revoke
or
suspend
26
an
officer’s
certification.
The
bill
requires
an
employing
27
agency
to
notify
the
council
within
10
days
of
any
termination
28
of
employment
of
a
law
enforcement
officer
or
appointment
as
a
29
reserve
peace
officer.
30
The
bill
allows
the
council
to
adopt
rules
to
establish
31
a
process
for
the
certification
through
examination
of
law
32
enforcement
officers
who
have
been
certified
in
another
state.
33
The
bill
requires
that
before
beginning
employment
with
an
34
employing
agency
in
this
state,
a
law
enforcement
officer
who
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has
been
certified
in
another
state
must
submit,
under
oath,
a
1
preliminary
application
for
certification
through
examination
2
to
the
council
which
shall
include
but
not
be
limited
to
an
3
attestation
by
the
applicant
to
whether
the
applicant
has
4
had
the
officer’s
certification
as
a
law
enforcement
officer
5
revoked
or
suspended
in
another
state;
has
pled
guilty
to
or
6
been
convicted
of
a
felony;
has
been
discharged
for
serious
7
misconduct
from
employment
as
a
law
enforcement
officer;
8
or
has
left,
voluntarily
quit,
or
been
laid
off
when
the
9
applicant
knew
or
believed
that
disciplinary
investigation
10
or
action
was
imminent
or
pending
which
could
have
resulted
11
in
the
law
enforcement
officer
being
discharged
for
serious
12
misconduct.
If
the
council
denies
the
preliminary
application
13
for
certification
through
examination,
the
applicant
shall
14
be
prohibited
from
continued
employment
as
a
law
enforcement
15
officer
in
this
state.
16
LAW
ENFORCEMENT
TRAINING
——
DE-ESCALATION
TECHNIQUES
AND
17
PREVENTION
OF
BIAS.
The
bill
requires
a
law
enforcement
agency
18
to
provide
annual
training
to
every
law
enforcement
officer
19
employed
by
the
law
enforcement
agency
on
issues
relating
to
20
de-escalation
techniques
and
the
prevention
of
bias.
The
21
bill
requires
the
Iowa
law
enforcement
academy
to
develop
and
22
disseminate
training
guidelines
meeting
certain
requirements
23
set
forth
in
the
bill,
in
consultation
with
certain
parties
24
including
the
Iowa
civil
rights
commission.
25
The
bill
may
include
a
state
mandate
as
defined
in
Code
26
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
27
subsection
3,
which
would
relieve
a
political
subdivision
from
28
complying
with
a
state
mandate
if
funding
for
the
cost
of
29
the
state
mandate
is
not
provided
or
specified.
Therefore,
30
political
subdivisions
are
required
to
comply
with
any
state
31
mandate
included
in
the
bill.
32
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY.
Unless
33
otherwise
provided,
the
bill,
if
approved
by
the
governor
on
34
or
after
July
1,
2020,
takes
effect
upon
enactment
and
applies
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