Bill Text: IA SSB3182 | 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: Committee Bill
Status: (N/A - Dead) 2018-02-14 - Subcommittee recommends indefinite postponement. [SSB3182 Detail]
Download: Iowa-2017-SSB3182-Introduced.html
Senate
Study
Bill
3182
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
appointment
of
a
special
prosecutor
1
after
a
peace
officer
discharges
a
firearm
while
on
duty
2
that
results
in
a
bodily
injury,
serious
injury,
or
death.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
13.2,
subsection
1,
paragraph
b,
Code
1
2018,
is
amended
to
read
as
follows:
2
b.
Prosecute
and
defend
in
any
other
court
or
tribunal,
all
3
actions
and
proceedings,
civil
or
criminal,
in
which
the
state
4
may
be
a
party
or
interested,
when,
in
the
attorney
general’s
5
judgment,
the
interest
of
the
state
requires
such
action,
or
6
when
requested
to
do
so
by
the
governor,
executive
council,
or
7
general
assembly
,
or
when
the
law
requires
such
action
.
8
Sec.
2.
NEW
SECTION
.
13.35
Special
prosecutor
——
injury
or
9
death
resulting
from
actions
of
peace
officer
involving
firearm.
10
1.
As
used
in
this
section,
“peace
officer”
means
the
same
11
as
defined
in
section
801.4.
12
2.
If
a
peace
officer
discharges
a
firearm
while
on
duty
13
that
results
in
a
bodily
injury,
serious
injury,
or
death,
14
the
attorney
general
shall
be
designated
a
special
prosecutor
15
to
investigate
the
matter
and
file
charges
if
appropriate.
16
The
attorney
general
may
convene
a
grand
jury
or
proceed
by
17
filing
a
trial
information.
The
county
attorney
shall
not
have
18
jurisdiction
over
the
matter.
19
3.
The
county
where
the
incident
occurred
shall
pay
the
20
expenses
of
the
attorney
general
in
the
matter.
21
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
22
3,
shall
not
apply
to
this
Act.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
appointment
of
a
special
prosecutor
27
after
a
peace
officer
discharges
a
firearm
while
on
duty
that
28
results
in
a
bodily
injury,
serious
injury,
or
death.
29
Under
the
bill,
if
a
peace
officer
discharges
a
firearm
30
while
on
duty
that
results
in
a
bodily
injury,
serious
injury,
31
or
death,
the
attorney
general
shall
be
designated
a
special
32
prosecutor,
proceed
with
investigating
the
matter,
and
convene
33
a
grand
jury
if
necessary
unless
the
attorney
general
proceeds
34
by
the
filing
of
a
trial
information.
The
county
attorney
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shall
not
have
jurisdiction
over
the
matter.
1
The
bill
further
specifies
that
the
county
where
the
2
incident
occurred
shall
pay
the
expenses
of
the
attorney
3
general
in
the
matter.
4
The
bill
may
include
a
state
mandate
as
defined
in
Code
5
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
6
subsection
3,
which
would
relieve
a
political
subdivision
from
7
complying
with
a
state
mandate
if
funding
for
the
cost
of
8
the
state
mandate
is
not
provided
or
specified.
Therefore,
9
political
subdivisions
are
required
to
comply
with
any
state
10
mandate
included
in
the
bill.
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