House
File
698
H-1344
Amend
the
amendment,
H-1340,
to
House
File
698,
as
follows:
1
1.
Page
1,
by
striking
lines
1
through
29
and
inserting:
2
<
Amend
House
File
698
as
follows:
3
1.
By
striking
everything
after
the
enacting
clause
and
4
inserting:
5
<
Section
1.
Section
80F.1,
subsection
1,
Code
2021,
is
6
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
g.
“Brady
list”
means
a
list
of
officers
8
maintained
by
the
county
attorney’s
office,
including
officers
9
who
may
have
impeached
themselves
as
witnesses
and
officers
10
who
may
have
violated
the
pretrial
discovery
rule
requiring
11
officers
to
turn
over
all
evidence
that
might
be
used
to
12
exonerate
a
defendant.
13
Sec.
2.
Section
80F.1,
Code
2021,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
20.
a.
An
officer
shall
not
be
discharged,
16
disciplined,
or
threatened
with
discharge
or
discipline
by
a
17
state,
county,
or
municipal
law
enforcement
agency
solely
due
18
to
the
inclusion
of
the
officer’s
name
on
a
Brady
list.
19
b.
This
subsection
does
not
prohibit
a
law
enforcement
20
agency
from
dismissing,
suspending,
demoting,
or
taking
other
21
disciplinary
actions
against
an
officer
based
on
the
underlying
22
actions
that
resulted
in
the
officer’s
name
being
placed
on
23
a
Brady
list
including
any
impeachment
evidence
against
the
24
officer
or
evidence
that
the
officer
may
not
have
turned
25
over
exculpatory
evidence
to
a
defendant.
If
a
collective
26
bargaining
agreement
applies,
the
actions
taken
by
the
law
27
enforcement
agency
shall
conform
to
the
rules
and
procedures
28
adopted
by
the
collective
bargaining
agreement.
29
Sec.
3.
BRADY
LIST
INTERIM
COMMITTEE.
30
1.
The
legislative
council
is
requested
to
establish
a
Brady
31
list
interim
committee
for
the
2021
interim.
The
purpose
of
32
the
committee
shall
be
to
do
all
of
the
following:
33
a.
Study
the
disclosure
of
information
contained
in
officer
34
personnel
files
as
such
information
relates
to
a
Brady
list
as
35
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89
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3
#1.
defined
in
section
80F.1.
1
b.
Study
the
efficiency
of
implementing
a
statewide
system
2
for
a
Brady
list,
identifying
impartial
entities
to
conduct
3
investigations
pertaining
to
an
officer’s
acts
or
omissions
to
4
act,
and
recommending
the
appropriate
procedures,
due
process
5
protections,
appeal
rights,
and
criteria
for
the
placement
and
6
removal
of
an
officer’s
name
on
and
from
a
Brady
list.
7
c.
Study
any
other
issues
that
the
committee
determines
8
relevant
to
its
objective.
The
committee
may
solicit
the
9
advice
or
testimony
of
any
organization
or
individual
with
10
information
or
expertise
relevant
to
the
purpose
of
the
11
committee.
12
2.
The
committee
shall
consist
of
three
members
of
the
13
senate
appointed
by
the
majority
leader
of
the
senate,
two
14
members
of
the
senate
appointed
by
the
minority
leader
of
15
the
senate,
three
members
of
the
house
of
representatives
16
appointed
by
the
speaker
of
the
house
of
representatives,
17
and
two
members
of
the
house
of
representatives
appointed
18
by
the
minority
leader
of
the
house
of
representatives.
19
Additional
committee
members
shall
include
the
commissioner
20
of
the
department
of
public
safety
or
the
commissioner’s
21
designee,
a
district
court
judge
appointed
by
the
supreme
22
court,
two
representatives
from
the
Iowa
sheriffs
and
deputies
23
association,
and
one
representative
from
each
of
the
following:
24
the
Iowa
county
attorneys
association,
the
Iowa
police
chiefs
25
association,
the
Iowa
state
police
association,
the
Iowa
peace
26
officers
association,
the
Iowa
fraternal
order
of
police,
27
the
Iowa
professional
fire
fighters,
the
Iowa
state
troopers
28
association,
and
the
Iowa
state
patrol
supervisors
association.
29
The
Iowa
sheriffs
and
deputies
association
members
shall
30
include
an
officer
in
a
supervisory
position
and
an
officer
who
31
does
not
hold
rank.
32
3.
The
committee
shall
elect
a
chairperson
from
the
members
33
appointed.
34
4.
The
committee
shall
issue
a
report,
including
findings
35
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3
and
recommendations,
to
the
governor
and
the
general
assembly
1
no
later
than
December
16,
2021.
>
2
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
<
An
3
Act
relating
to
officer
disciplinary
actions.
>>
4
______________________________
KLEIN
of
Washington
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H1340.1781
(2)
89
as/rh
3/
3
#2.