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House File 229

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 229
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
  1  5    SERVICES BY PROVIDING FOR THE ESTABLISHMENT OF A RESERVE
  1  6    PEACE OFFICER FORCE.
  1  7  
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9  
  1 10    Section 1.  Section 80D.1, Code 2001, is amended to read as
  1 11 follows:
  1 12    80D.1  ESTABLISHMENT OF A FORCE OF RESERVE PEACE OFFICERS.
  1 13    The governing body of a city, a county, or the state of
  1 14 Iowa, or a judicial district department of correctional
  1 15 services may provide, either separately or collectively
  1 16 through a chapter 28E agreement, for the establishment of a
  1 17 force of reserve peace officers, and may limit the size of the
  1 18 reserve force.  In the case of the state, the department of
  1 19 public safety shall act as the governing body.
  1 20    This chapter constitutes the only procedure for appointing
  1 21 reserve peace officers.
  1 22    Sec. 2.  Section 80D.4, Code 2001, is amended to read as
  1 23 follows:
  1 24    80D.4  TRAINING.
  1 25    Training for individuals appointed as reserve peace
  1 26 officers shall be provided by that law enforcement agency, but
  1 27 may be obtained in a community college or other facility
  1 28 selected by the individual and approved by the law enforcement
  1 29 agency.  Upon satisfactory completion of training required by
  1 30 the Iowa law enforcement academy, the chief of police,
  1 31 sheriff, or commissioner of public safety, or director of the
  1 32 judicial district department of correctional services shall
  1 33 certify the individual as a reserve peace officer.
  1 34    Sec. 3.  Section 80D.6, Code 2001, is amended to read as
  1 35 follows:
  2  1    80D.6  STATUS OF RESERVE PEACE OFFICERS.
  2  2    Reserve peace officers shall serve as peace officers on the
  2  3 orders and at the discretion of the chief of police, sheriff,
  2  4 or commissioner of public safety or the commissioner's
  2  5 designee, or director of the judicial district department of
  2  6 correctional services or the director's designee, as the case
  2  7 may be.
  2  8    While in the actual performance of official duties, reserve
  2  9 peace officers shall be vested with the same rights,
  2 10 privileges, obligations, and duties as any other peace
  2 11 officers.
  2 12    Sec. 4.  Section 80D.7, Code 2001, is amended to read as
  2 13 follows:
  2 14    80D.7  CARRYING WEAPONS.
  2 15    A member of a reserve force shall not carry a weapon in the
  2 16 line of duty until the member has been approved by the
  2 17 governing body and certified by the Iowa law enforcement
  2 18 academy council to carry weapons.  After approval and
  2 19 certification, a reserve peace officer may carry a weapon in
  2 20 the line of duty only when authorized by the chief of police,
  2 21 sheriff, or commissioner of public safety or the
  2 22 commissioner's designee, or director of the judicial district
  2 23 department of correctional services or the director's
  2 24 designee, as the case may be.
  2 25    Sec. 5.  Section 80D.9, Code 2001, is amended to read as
  2 26 follows:
  2 27    80D.9  SUPERVISION OF RESERVE PEACE OFFICERS.
  2 28    Reserve peace officers shall be subordinate to regular
  2 29 peace officers, shall not serve as peace officers unless under
  2 30 the direction of regular peace officers, and shall wear a
  2 31 uniform prescribed by the chief of police, sheriff, or
  2 32 commissioner of public safety, or director of the judicial
  2 33 district department of correctional services unless that
  2 34 superior officer designates alternate apparel for use when
  2 35 engaged in assignments involving special investigation, civil
  3  1 process, court duties, jail duties and the handling of mental
  3  2 patients.  The reserve peace officer shall not wear an
  3  3 insignia of rank.  Each department for which a reserve force
  3  4 is established shall appoint a regular force certified peace
  3  5 officer as the reserve force co-ordinating and supervising
  3  6 officer.  A reserve peace officer force established in a
  3  7 judicial district department of correctional services must be
  3  8 directly supervised by a certified peace officer who is on
  3  9 duty.  That regular certified peace officer shall report
  3 10 directly to the chief of police, sheriff, or commissioner of
  3 11 public safety or the commissioner's designee, or director of
  3 12 the judicial district department of correctional services or
  3 13 the director's designee, as the case may be.
  3 14    Sec. 6.  Section 80D.11, Code 2001, is amended to read as
  3 15 follows:
  3 16    80D.11  EMPLOYEE – PAY.
  3 17    While performing official duties, each reserve peace
  3 18 officer shall be considered an employee of the governing body
  3 19 which the officer represents and shall be paid a minimum of
  3 20 one dollar per year.  The governing body of a city, a county,
  3 21 or the state, or a judicial district department of
  3 22 correctional services may provide additional monetary
  3 23 assistance for the purchase and maintenance of uniforms and
  3 24 equipment used by reserve peace officers.
  3 25    Sec. 7.  Section 905.4, Code 2001, is amended by adding the
  3 26 following new subsection:
  3 27    NEW SUBSECTION.  11.  Have authority to establish a force
  3 28 of reserve peace officers, either separately or collectively
  3 29 through a chapter 28E agreement, as provided in chapter 80D.
  3 30    Sec. 8.  Section 905.6, subsection 3, Code 2001, is amended
  3 31 to read as follows:
  3 32    3.  Employ, with approval of the district board, and
  3 33 supervise the employees of the district department, including
  3 34 reserve peace officers, if a force of reserve peace officers
  3 35 has been established.  
  4  1 
  4  2 
  4  3                                                             
  4  4                               BRENT SIEGRIST
  4  5                               Speaker of the House
  4  6 
  4  7 
  4  8                                                             
  4  9                               MARY E. KRAMER
  4 10                               President of the Senate
  4 11 
  4 12    I hereby certify that this bill originated in the House and
  4 13 is known as House File 229, Seventy-ninth General Assembly.
  4 14 
  4 15 
  4 16                                                             
  4 17                               MARGARET THOMSON
  4 18                               Chief Clerk of the House
  4 19 Approved                , 2001
  4 20 
  4 21 
  4 22                            
  4 23 THOMAS J. VILSACK
  4 24 Governor
     

Text: HF00228                           Text: HF00230
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Bills and Amendments: General Index     Bill History: General Index

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