Bill Text: IA SF378 | 2015-2016 | 86th General Assembly | Enrolled

Iowa Senate Bill 378 (Prior Session Legislation)

Bill Title: A bill for an act relating to reimbursement of defense costs of peace officers and corrections officers. (Formerly SF 250.) Effective 7-1-16.

Sponsorship: Committee Bill

Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF378 Detail]

Download: Iowa-2015-SF378-Enrolled.html

Senate File 378 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SF 250)
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                                   A BILL FOR
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                                        Senate File 378

                             AN ACT
 RELATING TO REIMBURSEMENT OF DEFENSE COSTS OF PEACE OFFICERS
    AND CORRECTIONS OFFICERS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  80F.2  Reimbursement of defense
 costs.
    1.  If a peace officer, as defined in section 801.4, or a
 corrections officer is charged with the alleged commission
 of a public offense, based on acts or omissions within the
 scope of the officer's lawful duty or authority, and the charge
 is dismissed or the officer is acquitted of the charge, the
 presiding magistrate or judge shall enter judgment awarding
 reimbursement to the officer for any costs incurred in
 defending against the charge, including but not limited to a
 reasonable attorney fee, if the court finds the existence of
 any of the following grounds:
    a.  The charge was without probable cause.
    b.  The charge was filed for malicious purposes.
    c.  The charge was unwarranted in consideration of all of the
 circumstances and matters of law attending the alleged offense.
    2.  The officer may apply for review of a failure or refusal
 to rule or an adverse ruling as to the existence of any of the
 above grounds. The application shall be to a district judge
 if the officer is seeking review of the act of a magistrate or
 district associate judge and the application shall be to a
  different district judge if review is sought of an act of a
 district judge.
    Sec. 2.  REPEAL.  Section 80.37, Code 2015, is repealed.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 378, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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