Bill Text: IA SF250 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 250 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to indemnification of peace officers. (See SF 378.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-26 - Passed subcommittee. [SF250 Detail]

Download: Iowa-2015-SF250-Introduced.html

Senate File 250 - Introduced




                                 SENATE FILE       
                                 BY  SODDERS

                                      A BILL FOR

  1 An Act relating to indemnification of peace officers.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  80F.2  Indemnification of peace
  1  2 officers.
  1  3    1.  For purposes of this section, "peace officer" means the
  1  4 same as defined in section 801.4.
  1  5    2.  If a peace officer is prosecuted for a crime the
  1  6 peace officer allegedly committed in the course of the peace
  1  7 officer's performance of duties as a peace officer and the
  1  8 charge is dismissed or the peace officer is found not guilty,
  1  9 the state or governmental unit employing the peace officer
  1 10 shall indemnify the peace officer for economic loss the peace
  1 11 officer sustained as a result of the prosecution, including
  1 12 the payment of attorney fees and costs incurred during the
  1 13 prosecution and during the enforcement of this section.
  1 14    3.  A peace officer may bring an action in district court
  1 15 against the state or governmental unit employing the peace
  1 16 officer to enforce the provisions of this section.
  1 17    Sec. 2.  REPEAL.  Section 80.37, Code 2015, is repealed.
  1 18                           EXPLANATION
  1 19 The inclusion of this explanation does not constitute agreement with
  1 20 the explanation's substance by the members of the general assembly.
  1 21    This bill relates to the indemnification of a peace officer
  1 22 who is charged with a crime allegedly committed during the
  1 23 performance of duties if the charges are dismissed or the peace
  1 24 officer is found not guilty.
  1 25    The bill defines "peace officer" as a sheriff and sheriff's
  1 26 regular deputy who is subject to mandated law enforcement
  1 27 training, marshal and police officer of a city, peace officer
  1 28 member of the department of public safety as defined in Code
  1 29 chapter 80, parole officer acting pursuant to Code section
  1 30 906.2, probation officer acting pursuant to Code sections
  1 31 602.7202(4) and 907.2, peace officer employed by board of
  1 32 regents institutions as set forth in Code section 262.13,
  1 33 conservation officer as authorized by Code section 456A.13,
  1 34 employee of the department of transportation designated as
  1 35 a peace officer by resolution of the department under Code
  2  1 section 321.477, employee of an aviation authority designated
  2  2 as a peace officer by the authority under Code section
  2  3 330A.8(16), and such person as may be otherwise so designated
  2  4 by law.
  2  5    The bill provides that if a peace officer is prosecuted for
  2  6 a crime the peace officer allegedly committed in the course of
  2  7 the peace officer's performance of duties as a peace officer
  2  8 and the charge is dismissed or the peace officer is found not
  2  9 guilty, the state or governmental unit employing the peace
  2 10 officer shall indemnify the peace officer for economic loss
  2 11 the peace officer sustained as a result of the prosecution and
  2 12 enforcement of the bill, including the payment of attorney fees
  2 13 and costs. The bill further provides that a peace officer
  2 14 may bring an action against the state or governmental unit
  2 15 employing the peace officer to enforce the provisions of the
  2 16 bill.
  2 17    The bill repeals Code section 80.37. Code section 80.37
  2 18 provides that a peace officer employed by the department of
  2 19 public safety, who is charged with a crime based on an act
  2 20 or omission within the scope of the officer's lawful duty
  2 21 and against whom the charges are dismissed or the officer
  2 22 is acquitted, shall be reimbursed for costs incurred in
  2 23 defending the charge if the court finds that the charge was
  2 24 without probable cause, filed for malicious purposes, or was
  2 25 unwarranted in consideration of the circumstances.
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