Bill Text: IA SF370 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the appointment of a special prosecutor after a peace officer discharges a firearm while on duty that results in a bodily injury, serious injury, or death.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Judiciary. S.J. 422. [SF370 Detail]
Download: Iowa-2017-SF370-Introduced.html
Senate File 370 - Introduced SENATE FILE BY BOLKCOM A BILL FOR 1 An Act relating to the appointment of a special prosecutor 2 after a peace officer discharges a firearm while on duty 3 that results in a bodily injury, serious injury, or death. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2500XS (1) 87 jm/rj PAG LIN 1 1 Section 1. Section 13.2, subsection 1, paragraph b, Code 1 2 2017, is amended to read as follows: 1 3 b. Prosecute and defend in any other court or tribunal, all 1 4 actions and proceedings, civil or criminal, in which the state 1 5 may be a party or interested, when, in the attorney general's 1 6 judgment, the interest of the state requires such action, or 1 7 when requested to do so by the governor, executive council, or 1 8 general assembly, or when the law requires such action. 1 9 Sec. 2. NEW SECTION. 13.35 Special prosecutor ==== injury or 1 10 death resulting from actions of peace officer involving firearm. 1 11 1. As used in this section, "peace officer" means the same 1 12 as defined in section 801.4. 1 13 2. If a peace officer discharges a firearm while on duty 1 14 that results in a bodily injury, serious injury, or death, the 1 15 attorney general shall be designated a special prosecutor to 1 16 investigate the matter and file charges if appropriate. The 1 17 attorney general may convene a grand jury or proceed by the 1 18 filing a trial information. The county attorney shall not have 1 19 jurisdiction over the matter. 1 20 3. The county where the incident occurred shall pay the 1 21 expenses of the attorney general in the matter. 1 22 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 23 3, shall not apply to this Act. 1 24 EXPLANATION 1 25 The inclusion of this explanation does not constitute agreement with 1 26 the explanation's substance by the members of the general assembly. 1 27 This bill relates to the appointment of a special prosecutor 1 28 after a peace officer discharges a firearm while on duty that 1 29 results in a bodily injury, serious injury, or death. 1 30 Under the bill, if a peace officer discharges a firearm 1 31 while on duty that results in a bodily injury, serious injury, 1 32 or death, the attorney general shall be designated a special 1 33 prosecutor, proceed with investigating the matter, and convene 1 34 a grand jury if necessary unless the attorney general proceeds 1 35 by the filing of a trial information. The county attorney 2 1 shall not have jurisdiction over the matter. 2 2 The bill further specifies that the county where the 2 3 incident occurred shall pay the expenses of the attorney 2 4 general in the matter. 2 5 The bill may include a state mandate as defined in Code 2 6 section 25B.3. The bill makes inapplicable Code section 25B.2, 2 7 subsection 3, which would relieve a political subdivision from 2 8 complying with a state mandate if funding for the cost of 2 9 the state mandate is not provided or specified. Therefore, 2 10 political subdivisions are required to comply with any state 2 11 mandate included in the bill. LSB 2500XS (1) 87 jm/rj
