Bill Text: IA SF568 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to officer-involved shootings and officer-involved critical incidents. (Formerly SSB 1198.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Dawson, Kinney, and Whiting. S.J. 87. [SF568 Detail]
Download: Iowa-2019-SF568-Introduced.html
Senate
File
568
-
Introduced
SENATE
FILE
568
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1198)
A
BILL
FOR
An
Act
relating
to
officer-involved
shootings
and
1
officer-involved
critical
incidents.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2342SV
(2)
88
as/rh
S.F.
568
Section
1.
Section
80B.11,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
m.
Minimum
educational
standards
for
3
peace
officers
investigating
officer-involved
shootings
or
4
officer-involved
critical
incidents.
5
Sec.
2.
NEW
SECTION
.
80H.1
Peace
officer-involved
shootings
6
and
officer-involved
critical
incidents
——
investigations.
7
1.
As
used
in
this
section,
unless
the
context
otherwise
8
requires:
9
a.
“Department”
means
the
department
of
public
safety.
10
b.
“Division”
means
the
division
of
criminal
investigation
11
of
the
department
of
public
safety.
12
c.
“Officer-involved
critical
incident”
means
any
of
the
13
following
in
the
officer’s
official
capacity
as
a
peace
14
officer:
15
(1)
The
use
of
a
dangerous
weapon
by
an
officer
against
a
16
person
that
causes
a
serious
bodily
injury
to
any
person.
17
(2)
A
fatal
injury
to
any
person
except
the
officer
18
resulting
from
the
use
of
a
motor
vehicle
by
an
officer.
19
(3)
The
death
of
a
person
who
is
in
law
enforcement
20
custody,
but
not
including
a
death
that
is
the
result
of
21
disease,
natural
causes,
or
conditions
that
have
been
medically
22
diagnosed
prior
to
the
person’s
death.
23
(4)
A
fatal
injury
to
a
person
resulting
from
the
efforts
24
of
an
officer
attempting
to
prevent
a
person’s
escape
from
25
custody,
make
an
arrest,
or
otherwise
gain
physical
control
of
26
a
person.
27
d.
“Officer-involved
shooting”
means
the
discharge
of
a
28
firearm
by
an
officer
that
results
in
serious
bodily
injury
29
or
death
of
a
person,
including
an
accidental
discharge
of
a
30
firearm.
31
e.
“Peace
officer”
or
“officer”
means
the
same
as
defined
32
in
section
801.4.
33
f.
“Serious
bodily
injury”
means
an
injury
that
creates
a
34
substantial
risk
of
death
or
is
otherwise
life-threatening.
35
-1-
LSB
2342SV
(2)
88
as/rh
1/
6
S.F.
568
2.
A
chief
of
police,
sheriff,
or
head
of
any
law
1
enforcement
agency
shall
report
an
officer-involved
shooting
2
or
officer-involved
critical
incident
to
the
division
within
3
twenty-four
hours
of
the
incident.
4
3.
The
division
may
commence
a
criminal
investigation
of
an
5
officer-involved
shooting
or
officer-involved
critical
incident
6
in
this
state
upon
request
of
the
attorney
general,
a
county
7
attorney,
a
chief
of
police,
a
sheriff,
or
the
head
of
any
8
other
law
enforcement
agency.
9
4.
The
peace
officer
in
charge
of
investigating
an
10
officer-involved
shooting
or
officer-involved
critical
incident
11
shall
notify
the
attorney
general
and
county
attorney
of
the
12
investigation.
13
5.
The
peace
officer
in
charge
of
investigating
an
14
officer-involved
shooting
or
officer-involved
critical
15
incident
may
request
that
the
officer
who
is
the
subject
of
an
16
officer-involved
shooting
or
officer-involved
critical
incident
17
investigation
submit
to
a
voluntary
interview
as
part
of
the
18
investigation.
19
6.
The
peace
officer
in
charge
of
investigating
an
20
officer-involved
shooting
or
officer-involved
critical
incident
21
shall
allow
a
reasonable
opportunity
for
the
officer
who
is
22
under
investigation
to
secure
legal
counsel
in
advance
of
an
23
interview.
24
7.
Upon
request,
an
officer
who
is
the
subject
of
an
25
investigation
or
the
officer’s
legal
counsel
shall
have
the
26
right
to
immediately
receive
from
the
employing
agency,
at
no
27
charge,
a
certified
copy
of
the
officer-involved
video
and
28
audio
recordings,
including
any
body-worn
camera
video
and
29
radio
traffic
recordings,
to
use
in
the
officer’s
defense.
30
The
requested
video
and
audio
recordings
shall
be
provided
31
by
the
employing
agency
at
least
forty-eight
hours
prior
to
32
an
interview,
interrogation,
or
grand
jury
proceeding.
The
33
officer
and
officer’s
legal
counsel
shall
not
release
any
34
confidential
video
and
audio
recordings
to
the
public
without
35
-2-
LSB
2342SV
(2)
88
as/rh
2/
6
S.F.
568
the
written
consent
of
the
lawful
records
custodian
or
a
court
1
order
authorizing
the
release.
2
8.
The
department
shall
keep
the
name
of
an
officer
involved
3
in
a
shooting
or
a
critical
incident
confidential
until
the
4
officer
has
been
interviewed
or
interrogated
as
part
of
the
5
investigation,
or
until
the
officer
or
the
officer’s
legal
6
counsel
declines
a
voluntary
interview.
The
department
and
7
the
officer’s
employing
agency
shall
keep
the
home
address
and
8
personal
contact
information
of
the
officer
confidential.
9
9.
The
law
enforcement
agency
employing
an
officer
involved
10
in
a
shooting
or
a
critical
incident
shall
promptly
offer
11
to
the
officer
confidential
peer
support
and
confidential
12
counseling
at
no
charge
to
the
officer.
13
10.
The
department
shall
develop
and
maintain
a
searchable
14
database
providing
statistics
and
demographic
information
15
for
each
officer-involved
shooting
and
each
officer-involved
16
critical
incident
reported
each
calendar
year
and
shall
update
17
the
database
at
least
quarterly.
The
commissioner
of
the
18
department
shall
post
the
database
on
the
department’s
internet
19
site.
The
department
shall
not
report
personally
identifying
20
information
of
an
officer
involved
in
a
shooting
or
a
critical
21
incident
or
of
any
other
person
involved.
22
11.
The
Iowa
law
enforcement
academy
shall
develop
and
23
promulgate
minimum
educational
standards
for
any
peace
officer
24
performing
officer-involved
shooting
or
officer-involved
25
critical
incident
investigations.
An
employing
law
enforcement
26
agency
shall
provide
periodic
training
to
a
peace
officer
27
performing
officer-involved
shooting
or
officer-involved
28
critical
incident
investigations
and
any
supervisor
who
29
may
respond
to
a
report
of
an
officer-involved
shooting
or
30
officer-involved
critical
incident.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
officer-involved
shootings
and
35
-3-
LSB
2342SV
(2)
88
as/rh
3/
6
S.F.
568
officer-involved
critical
incidents.
1
The
bill
defines
“officer-involved
critical
incident”
as
any
2
of
the
following
in
the
officer’s
official
capacity
as
a
peace
3
officer:
the
use
of
a
dangerous
weapon
by
an
officer
against
4
a
person
that
causes
a
serious
bodily
injury
to
any
person;
a
5
fatal
injury
to
any
person
except
the
officer
resulting
from
6
the
use
of
a
motor
vehicle
by
an
officer;
the
death
of
a
person
7
who
is
in
law
enforcement
custody,
but
not
including
a
death
8
that
is
the
result
of
disease,
natural
causes,
or
conditions
9
that
have
been
medically
diagnosed
prior
to
the
person’s
death;
10
or
a
fatal
injury
to
a
person
resulting
from
the
efforts
of
an
11
officer
attempting
to
prevent
a
person’s
escape
from
custody,
12
make
an
arrest,
or
otherwise
gain
physical
control
of
a
person.
13
“Officer-involved
shooting”
is
defined
as
the
discharge
of
a
14
firearm
by
an
officer
that
results
in
serious
bodily
injury
15
or
death
of
a
person,
including
an
accidental
discharge
of
16
a
firearm.
“Serious
bodily
injury”
is
defined
as
an
injury
17
that
creates
a
substantial
risk
of
death
or
is
otherwise
18
life-threatening.
19
The
bill
provides
that
the
chief
of
police,
sheriff,
or
head
20
of
any
law
enforcement
agency
shall
report
an
officer-involved
21
shooting
or
officer-involved
critical
incident
to
the
division
22
of
criminal
investigation
of
the
department
of
public
safety
23
(division)
within
24
hours
of
the
incident.
The
division
24
may
commence
an
investigation
upon
request
by
the
attorney
25
general,
a
county
attorney,
a
chief
of
police,
a
sheriff,
26
or
the
head
of
any
other
law
enforcement
agency.
The
peace
27
officer
in
charge
of
investigating
an
officer-involved
28
shooting
or
officer-involved
critical
incident
shall
notify
29
the
attorney
general
and
county
attorney
of
the
investigation,
30
and
may
request
that
the
officer
who
is
the
subject
of
the
31
investigation
submit
to
a
voluntary
interview.
The
officer
32
who
is
the
subject
of
the
investigation
shall
be
allowed
a
33
reasonable
opportunity
to
secure
legal
counsel
in
advance
of
34
an
interview
or
interrogation.
35
-4-
LSB
2342SV
(2)
88
as/rh
4/
6
S.F.
568
The
bill
provides
that
upon
request,
an
officer
who
is
the
1
subject
of
an
investigation
or
the
officer’s
legal
counsel
2
shall
have
the
right
to
receive
from
the
employing
agency,
3
at
least
48
hours
prior
to
an
interview,
interrogation,
or
4
grand
jury
proceeding,
at
no
charge,
a
certified
copy
of
5
the
officer-involved
video
and
audio
recordings,
including
6
body-worn
camera
video
and
radio
traffic
recordings,
to
use
in
7
the
officer’s
defense.
The
officer
and
officer’s
legal
counsel
8
shall
not
release
any
confidential
video
and
audio
recordings
9
to
the
public
without
the
written
consent
of
the
lawful
records
10
custodian
or
a
court
order
authorizing
the
release.
11
The
bill
provides
that
the
department
of
public
safety
12
(department)
shall
keep
the
name
of
an
officer
involved
in
a
13
shooting
or
critical
incident
confidential
until
the
officer
14
has
been
interviewed
or
interrogated
as
part
of
the
criminal
15
investigation,
or
until
the
officer
or
the
officer’s
legal
16
counsel
declines
a
voluntary
interview.
The
department
and
17
the
officer’s
employing
agency
shall
keep
the
home
address
18
and
personal
contact
information
of
the
officer
confidential.
19
The
law
enforcement
agency
employing
an
officer
involved
in
20
a
shooting
or
critical
incident
shall
promptly
offer
to
the
21
officer
confidential
peer
support
and
confidential
counseling
22
at
no
charge
to
the
officer.
23
The
bill
provides
that
the
department
shall
develop
and
24
maintain
a
searchable
database
providing
statistics
and
25
demographic
information
for
each
officer-involved
shooting
and
26
each
officer-involved
critical
incident
reported
each
calendar
27
year
and
shall
update
the
database
at
least
quarterly,
and
the
28
commissioner
of
the
department
shall
post
the
database
on
the
29
department’s
internet
site.
The
department
shall
not
report
30
personally
identifying
information
of
an
officer
involved
in
a
31
shooting
or
critical
incident
or
of
any
other
person
involved.
32
The
Iowa
law
enforcement
academy
shall
develop
and
promulgate
33
minimum
educational
standards
for
any
peace
officer
performing
34
officer-involved
shooting
or
officer-involved
critical
incident
35
-5-
LSB
2342SV
(2)
88
as/rh
5/
6
S.F.
568
investigations.
An
employing
law
enforcement
agency
shall
1
provide
periodic
training
to
a
peace
officer
performing
2
officer-involved
shootings
or
officer-involved
critical
3
incident
investigations
and
any
supervisor
who
may
respond
to
a
4
report
of
an
officer-involved
shooting
or
an
officer-involved
5
critical
incident.
6
-6-
LSB
2342SV
(2)
88
as/rh
6/
6