HSB 700 (LSB 6359YC (3) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN)

A BILL FOR

An Act relating to officer disciplinary actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  “Brady-Giglio list” means a list of officers maintained by the county attorney’s office, including officers who may not have disclosed all impeachment information and officers who may have violated the pretrial discovery rule requiring officers to turn over all evidence that may be used to exonerate a defendant. 
    Sec. 2.  Section 80F.1, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  20.  a.  An officer shall not be discharged, disciplined, or threatened with discharge or discipline by a state, county, or municipal law enforcement agency solely due to the inclusion of the officer’s name on a Brady-Giglio list.
   b.  This subsection does not prohibit a law enforcement agency from dismissing, suspending, demoting, or taking other disciplinary actions against an officer based on the underlying actions that resulted in the officer’s name being placed on a Brady-Giglio list. If a collective bargaining agreement applies, the actions taken by the law enforcement agency shall conform to the rules and procedures adopted by the collective bargaining agreement. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to officer disciplinary actions. 
   The bill amends Code chapter 80F, relating to the rights of officers and public safety and emergency personnel. The bill prohibits an officer from being discharged, disciplined, or threatened with discharge or discipline by a state, county, or municipal law enforcement agency solely due to the inclusion of the officer’s name on a Brady-Giglio list. However, a law enforcement agency may dismiss, suspend, demote, or take other disciplinary action against an officer based on the underlying actions that resulted in the officer’s name being placed on a Brady-Giglio list.
   The bill defines “Brady-Giglio list” as a list of officers maintained by the county attorney’s office, including officers who may not have disclosed all impeachment information pursuant to Giglio v. U.S., 405 U.S. 150 (1972), and officers who may have violated the pretrial discovery rule established by Brady v. Maryland, 373 U.S. 83 (1963), requiring officers to turn over all evidence that might be used to exonerate a defendant.
   Under Code section 80F.1, “officer” means a certified law enforcement officer, fire fighter, emergency medical technician, corrections officer, detention officer, jailer, probation or parole officer, communications officer, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a municipality, county, or state agency.