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 -1- H1340.1781 (2) 89 as/rh 1/ 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 -2- H1340.1781 (2) 89 as/rh 2/ 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 -3- H1340.1781 (2) 89 as/rh 3/ 3 #2.