House
File
237
-
Introduced
HOUSE
FILE
237
BY
ABDUL-SAMAD
A
BILL
FOR
An
Act
relating
to
the
appointment
of
a
special
prosecutor
1
after
a
death
results
from
the
actions
of
a
peace
officer.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
13.2,
subsection
1,
paragraph
b,
Code
1
2015,
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
——
death
9
resulting
from
actions
of
peace
officer.
10
1.
As
used
in
this
section,
“peace
officer”
means
the
same
11
as
defined
in
section
801.4.
12
2.
If
the
actions
of
a
peace
officer,
under
color
of
law,
13
result
in
the
death
of
another,
the
attorney
general
shall
be
14
designated
a
special
prosecutor
and
convene
a
grand
jury
to
15
investigate
the
incident
unless
the
attorney
general
proceeds
16
by
the
filing
of
a
trial
information.
The
county
attorney
17
shall
not
have
jurisdiction
over
the
prosecution
of
the
peace
18
officer.
19
3.
The
county
where
the
incident
occurred
shall
pay
the
20
expenses
of
the
attorney
general
in
the
prosecution
of
the
21
peace
officer.
22
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
23
3,
shall
not
apply
to
this
Act.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
appointment
of
a
special
prosecutor
28
after
a
death
results
from
the
actions,
under
color
of
law,
of
29
a
peace
officer.
30
Under
the
bill,
if
the
actions
of
a
peace
officer
as
defined
31
in
Code
section
801.4
and
under
color
of
law
result
in
the
32
death
of
another,
the
attorney
general
shall
be
designated
a
33
special
prosecutor
and
convene
a
grand
jury
to
investigate
the
34
incident
unless
the
attorney
general
proceeds
by
the
filing
35
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237
of
a
trial
information.
The
bill
specifies
that
the
county
1
attorney
shall
not
have
jurisdiction
over
the
prosecution.
2
The
bill
further
specifies
that
the
county
where
the
3
incident
occurred
shall
pay
the
expenses
of
the
attorney
4
general
in
the
prosecution
of
the
peace
officer.
5
The
bill
may
include
a
state
mandate
as
defined
in
Code
6
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
7
subsection
3,
which
would
relieve
a
political
subdivision
from
8
complying
with
a
state
mandate
if
funding
for
the
cost
of
9
the
state
mandate
is
not
provided
or
specified.
Therefore,
10
political
subdivisions
are
required
to
comply
with
any
state
11
mandate
included
in
the
bill.
12
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