Senate File 342 S-3202 Amend the House amendment, S-3158, to Senate File 342, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 33, line 1, and 3 inserting: 4 < Amend Senate File 342, as passed by the Senate, as follows: 5 1. Title page, by striking the enacting clause and 6 inserting: 7 < BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: > 8 2. Page 1, by inserting: 9 < DIVISION I 10 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 11 Section 1. Section 9E.1, Code 2021, is amended to read as 12 follows: 13 9E.1 Purpose. 14 The general assembly finds that individuals attempting to 15 escape from actual or threatened domestic abuse, domestic 16 abuse assault, sexual abuse, assault, stalking, or human 17 trafficking frequently establish new addresses in order to 18 prevent their assailants or probable assailants from finding 19 them. The purpose of this chapter is to enable state and local 20 agencies to respond to requests for data without disclosing 21 the location of a victim of domestic abuse, domestic abuse 22 assault, sexual abuse, assault, stalking, or human trafficking; 23 to enable interagency cooperation with the secretary of state 24 in providing address confidentiality for victims of domestic 25 abuse, domestic abuse assault, sexual abuse, assault, stalking, 26 or human trafficking; and to enable program participants to use 27 an address designated by the secretary of state as a substitute 28 mailing address for the purposes specified in this chapter . 29 In addition, the purpose of this chapter is to prevent such 30 victims from being physically located through a public records 31 search. 32 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 33 is amended to read as follows: 34 a. “Eligible person” means a person who is all a resident of 35 -1- S 3158.2204 (2) 89 as/rh 1/ 21 #1.

this state, an adult, a minor, or an incapacitated person as 1 defined in section 633.701, and is one of the following: 2 (1) A resident of this state. 3 (2) An adult, a minor, or an incapacitated person as defined 4 in section 633.701 . 5 (3) A victim of domestic abuse, domestic abuse assault, 6 sexual abuse, assault, stalking, or human trafficking as 7 evidenced by the filing of a petition pursuant to section 236.3 8 or a criminal complaint or information pursuant to section 9 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 10 in chapter 709 . 11 (2) A currently active or retired state or local judicial 12 officer, as defined in section 4.1, a federal judge, or a 13 spouse or child of such a person. 14 (3) A currently active or retired state or local prosecuting 15 attorney, as defined in section 801.4, or a spouse or child of 16 such a person. 17 (4) A currently active or retired peace officer, as defined 18 in section 801.4, civilian employee of a law enforcement 19 agency, or a spouse or child of such a person. 20 Sec. 3. Section 9E.3, subsection 1, paragraph b, 21 subparagraph (1), subparagraph division (a), Code 2021, is 22 amended to read as follows: 23 (a) The eligible person listed on the application is a 24 victim of domestic abuse, domestic abuse assault, sexual abuse, 25 assault, stalking, or human trafficking. 26 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 27 is amended to read as follows: 28 e. The residential address of the eligible person, 29 disclosure of which could lead to an increased risk of domestic 30 abuse, domestic abuse assault, sexual abuse, assault, stalking, 31 or human trafficking. 32 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 4A. Upon request by a program participant, 35 -2- S 3158.2204 (2) 89 as/rh 2/ 21

the assessor or the assessor’s staff shall redact the 1 requestor’s name contained in electronic documents that 2 are displayed for public access through an internet site. 3 The assessor shall implement and maintain a process to 4 facilitate these requests. A fee shall not be charged for the 5 administration of this paragraph. 6 Sec. 6. Section 331.604, subsection 3, Code 2021, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. (1) Upon request by a peace officer, 9 as defined in section 801.4, civilian employee of a law 10 enforcement agency, or state or federal judicial officer 11 or state or federal prosecutor, the county assessor or the 12 county assessor’s staff, or the county recorder or the county 13 recorder’s staff, shall redact the requestor’s name contained 14 in electronic documents that are displayed for public access 15 through an internet site. 16 (2) Upon request by a former peace officer, as defined 17 in section 801.4, or a former civilian employee of a law 18 enforcement agency, the county assessor or the county 19 assessor’s staff, or the county recorder or the county 20 recorder’s staff, may redact, upon the presentation of evidence 21 that a compelling safety interest is served by doing so, the 22 requestor’s name contained in electronic documents that are 23 displayed for public access through an internet site. 24 (3) This paragraph does not apply to a requestor holding or 25 seeking public office. 26 (4) The county assessor and the county recorder shall 27 implement and maintain a process to facilitate requests 28 pursuant to this paragraph. 29 (5) A fee shall not be charged for the administration of 30 this paragraph. 31 DIVISION II 32 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 33 Sec. 7. Section 554.9510, subsection 1, Code 2021, is 34 amended to read as follows: 35 -3- S 3158.2204 (2) 89 as/rh 3/ 21

1. Filed record effective if authorized. A filed record 1 is effective only to the extent that it was filed by a person 2 that may file it under section 554.9509 or by the filing office 3 under section 554.9513A . 4 Sec. 8. NEW SECTION . 554.9513A Termination of wrongfully 5 filed financing statement —— reinstatement. 6 1. Trusted filer. “Trusted filer” means a person that does 7 any of the following: 8 a. Regularly causes records to be communicated to the 9 filing office for filing and has provided the filing office 10 with current contact information and information sufficient to 11 establish the person’s identity. 12 b. Satisfies either of the following conditions: 13 (1) The filing office has issued the person credentials for 14 access to online filing services. 15 (2) The person has established a prepaid or direct debit 16 account for payment of filing fees, regardless of whether the 17 account is used in a particular transaction. 18 2. Affidavit of wrongful filing. A person identified as 19 debtor in a filed financing statement may deliver to the 20 filing office a notarized, sworn affidavit that identifies the 21 financing statement by file number, indicates the affiant’s 22 mailing address, and states that the affiant believes that 23 the filed record identifying the affiant as debtor was not 24 authorized to be filed and was caused to be communicated to the 25 filing office with the intent to harass or defraud the affiant. 26 The filing office may reject an affidavit that is incomplete or 27 that it believes was delivered to it with the intent to harass 28 or defraud the secured party. The office of the secretary 29 of state shall adopt a form of affidavit for use under this 30 section. 31 3. Termination statement by filing office. Subject to 32 subsection 11, if an affidavit is delivered to the filing 33 office under subsection 2, the filing office shall promptly 34 file a termination statement with respect to the financing 35 -4- S 3158.2204 (2) 89 as/rh 4/ 21

statement identified in the affidavit. The termination 1 statement must identify by its file number the initial 2 financing statement to which it relates and must indicate that 3 it was filed pursuant to this section. A termination statement 4 filed under this subsection is not effective until ninety days 5 after it is filed. 6 4. No fee charged or refunded. The filing office shall not 7 charge a fee for the filing of an affidavit under subsection 8 2 or a termination statement under subsection 3. The filing 9 office shall not return any fee paid for filing the financing 10 statement identified in the affidavit, whether or not the 11 financing statement is reinstated under subsection 7. 12 5. Notice of termination statement. On the same day that a 13 filing office files a termination statement under subsection 14 3, the filing office shall send to the secured party of record 15 for the financing statement to which the termination statement 16 relates a notice stating that the termination statement 17 has been filed and will become effective ninety days after 18 filing. The notice shall be sent by certified mail, return 19 receipt requested, to the address provided for the secured 20 party of record in the financing statement with a copy sent by 21 electronic mail to the electronic mail address provided by the 22 secured party of record, if any. 23 6. Administrative review —— action for reinstatement. A 24 secured party that believes in good faith that the filed record 25 identified in an affidavit delivered to the filing office under 26 subsection 2 was authorized to be filed and was not caused to 27 be communicated to the filing office with the intent to harass 28 or defraud the affiant may: 29 a. Before the termination statement takes effect, request 30 that the filing office conduct an expedited review of the 31 filed record and any documentation provided by the secured 32 party. The filing office may as a result of this review remove 33 from the record the termination statement filed by it under 34 subsection 3 before the termination statement takes effect and 35 -5- S 3158.2204 (2) 89 as/rh 5/ 21

conduct an administrative review under subsection 11. 1 b. File an action against the filing office seeking 2 reinstatement of the financing statement to which the filed 3 record relates at any time before the expiration of six months 4 after the date on which the termination statement filed under 5 subsection 3 becomes effective. If the affiant is not named as 6 a defendant in the action, the secured party shall send a copy 7 of the petition to the affiant at the address indicated in the 8 affidavit. The exclusive venue for the action shall be in the 9 district court for the county where the filing office in which 10 the financing statement was filed is located. The action shall 11 be considered by the court on an expedited basis. 12 7. Filing office to file notice of action for 13 reinstatement. Within ten days after being served with process 14 in an action under subsection 6, the filing office shall file 15 a notice indicating that the action has been commenced. The 16 notice must indicate the file number of the initial financing 17 statement to which the notice relates. 18 8. Action for reinstatement successful. If, in an action 19 under subsection 6, the court determines that the financing 20 statement was authorized to be filed and was not caused to be 21 communicated to the filing office with the intent to harass or 22 defraud the affiant, the court shall order that the financing 23 statement be reinstated. If an order of reinstatement is 24 issued by the court, the filing office shall promptly file a 25 record that identifies by its file number the initial financing 26 statement to which the record relates and indicates that the 27 financing statement has been reinstated. 28 9. Effect of reinstatement. Upon the filing of a record 29 reinstating a financing statement under subsection 8, the 30 effectiveness of the financing statement is reinstated and the 31 financing statement shall be considered never to have been 32 terminated under this section except as against a purchaser of 33 the collateral that gives value in reasonable reliance upon 34 the termination. A continuation statement filed as provided 35 -6- S 3158.2204 (2) 89 as/rh 6/ 21

in section 554.9515, subsection 4, after the effective date of 1 a termination statement filed under subsection 3 or 11 becomes 2 effective if the financing statement is reinstated. 3 10. Liability for wrongful filing. If, in an action under 4 subsection 6, the court determines that the filed record 5 identified in an affidavit delivered to the filing office under 6 subsection 2 was caused to be communicated to the filing office 7 with the intent to harass or defraud the affiant, the filing 8 office and the affiant may recover from the secured party that 9 filed the action the costs and expenses, including reasonable 10 attorney fees and the reasonable allocated costs of internal 11 counsel, that the filing office and the affiant incurred in the 12 action. This recovery is in addition to any recovery to which 13 the affiant is entitled under section 554.9625. 14 11. Procedure for record filed by trusted filer. If an 15 affidavit delivered to a filing office under subsection 2 16 relates to a filed record communicated to the filing office by 17 a trusted filer, the filing office shall promptly send to the 18 secured party of record a notice stating that the affidavit has 19 been delivered to the filing office and that the filing office 20 is conducting an administrative review to determine whether the 21 record was caused to be communicated with the intent to harass 22 or defraud the affiant. The notice shall be sent by certified 23 mail, return receipt requested, to the address provided for 24 the secured party in the financing statement with a copy sent 25 by electronic mail to the electronic mail address provided 26 by the secured party of record, if any, and a copy shall be 27 sent in the same manner to the affiant. The administrative 28 review shall be conducted on an expedited basis and the filing 29 office may require the affiant and the secured party of record 30 to provide any additional information that the filing office 31 deems appropriate. If the filing office concludes that the 32 record was caused to be communicated with the intent to harass 33 or defraud the affiant, the filing office shall promptly file a 34 termination statement under subsection 2 that will be effective 35 -7- S 3158.2204 (2) 89 as/rh 7/ 21

immediately and send to the secured party of record the notice 1 required by subsection 5. The secured party may thereafter 2 file an action for reinstatement under subsection 6 and the 3 provisions of subsections 7 through 10 are applicable. 4 Sec. 9. NEW SECTION . 714.29 Records filed with intent to 5 harass or defraud. 6 1. A person shall not cause to be communicated to the filing 7 office as defined in section 554.9102 for filing a record if 8 all of the following are true: 9 a. The person is not authorized to file the record under 10 section 554.9509. 11 b. The record is not related to an existing or anticipated 12 transaction that is or will be governed by chapter 554, article 13 9. 14 c. The record is filed with the intent to harass or defraud 15 the person identified as debtor in the record. 16 2. A person that violates subsection 1 is guilty of a simple 17 misdemeanor for a first offense and a serious misdemeanor for a 18 second or subsequent offense. 19 DIVISION III 20 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 21 Sec. 10. NEW SECTION . 70A.23A Credit for accrued sick leave 22 —— retired public safety employees. 23 A public safety employee, as defined in section 20.3, 24 subsection 11, who retires and has applied for retirement 25 benefits under an eligible retirement system, shall receive 26 credit for all accumulated, unused sick leave which shall be 27 converted at current value and credited to an account for the 28 public safety employee for the purpose of paying the public 29 safety employee’s cost of the monthly premiums for continuance 30 of the public safety employee’s health insurance plan. Upon 31 the death of a retired public safety employee, the surviving 32 spouse or dependents shall be entitled to the value of the 33 accumulated unused sick leave for the purpose of paying the 34 cost of monthly premiums for continuation of a public safety 35 -8- S 3158.2204 (2) 89 as/rh 8/ 21

employee’s health insurance policy for the public safety 1 employee’s surviving spouse or dependents. This section 2 shall not apply to a public safety employee covered under a 3 collective bargaining agreement which provides for an employer 4 paid retirement health savings plan. 5 DIVISION IV 6 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 7 Sec. 11. Section 97A.6, subsection 11, Code 2021, is amended 8 to read as follows: 9 11. Pensions offset by compensation benefits. 10 a. Any amounts which may be paid or payable by the state 11 under the provisions of any workers’ compensation or similar 12 law to a member or to the dependents of a member on account of 13 any disability or death, shall be offset against and payable 14 in lieu of any benefits payable out of the retirement fund 15 provided by the state under the provisions of this chapter on 16 account of the same disability or death. In case the present 17 value of the total commuted benefits under said workers’ 18 compensation or similar law is less than the present value 19 of the benefits otherwise payable from the retirement fund 20 provided by the state under this chapter , then the present 21 value of the commuted payments shall be deducted from the 22 pension payable and such benefits as may be provided by the 23 system so reduced shall be payable under the provisions of this 24 chapter . 25 b. Notwithstanding paragraph “a” , any workers’ compensation 26 benefits received by a member for past medical expenses or 27 future medical expenses shall not be offset against and not 28 considered payable in lieu of any retirement allowance payable 29 pursuant to this section on account of the same disability. 30 c. Notwithstanding paragraph “a” , any workers’ compensation 31 benefits received by a member for reimbursement of vacation 32 time used, sick time used, or for any unpaid time off from work 33 shall not be offset against and not considered payable in lieu 34 of any retirement allowance payable pursuant to this section on 35 -9- S 3158.2204 (2) 89 as/rh 9/ 21

account of the same disability. 1 Sec. 12. Section 97B.50A, subsection 5, Code 2021, is 2 amended to read as follows: 3 5. Offset to allowance. 4 a. Notwithstanding any provisions to the contrary in state 5 law, or any applicable contract or policy, any amounts which 6 may be paid or payable by the employer under any workers’ 7 compensation, unemployment compensation, employer-paid 8 disability plan, program, or policy, or other law to a member, 9 and any disability payments the member receives pursuant to 10 the federal Social Security Act, 42 U.S.C. §423 et seq., 11 shall be offset against and payable in lieu of any retirement 12 allowance payable pursuant to this section on account of the 13 same disability. 14 b. Notwithstanding paragraph “a” , any workers’ compensation 15 benefits received by a member for past medical expenses or 16 future medical expenses shall not be offset against and not 17 considered payable in lieu of any retirement allowance payable 18 pursuant to this section on account of the same disability. 19 c. Notwithstanding paragraph “a” , any workers’ compensation 20 benefits received by a member for reimbursement of vacation 21 time used, sick time used, or for any unpaid time off from work 22 shall not be offset against and not considered payable in lieu 23 of any retirement allowance payable pursuant to this section on 24 account of the same disability. 25 DIVISION V 26 CIVIL SERVICE COMMISSION EXAMINATIONS 27 Sec. 13. Section 400.8, subsection 2, Code 2021, is amended 28 to read as follows: 29 2. The commission shall establish the guidelines for 30 conducting the examinations under subsection 1 of this section . 31 It may prepare and administer the examinations or may The 32 commission shall hire persons with expertise to do so if the 33 commission approves the examinations prepare and administer 34 the examinations approved by the commission . It may also 35 -10- S 3158.2204 (2) 89 as/rh 10/ 21

hire persons with expertise to consult in the preparation of 1 such examinations if the persons so hired are employed to aid 2 personnel of the commission in assuring that a fair examination 3 is conducted. A fair examination shall explore the competence 4 of the applicant in the particular field of examination. 5 Sec. 14. Section 400.9, subsection 2, Code 2021, is amended 6 to read as follows: 7 2. The commission shall establish guidelines for conducting 8 the examinations under subsection 1 . It may prepare and 9 administer the examinations or may The commission shall hire 10 persons with expertise to do so if the commission approves 11 the examinations and if the examinations apply to prepare and 12 administer the examinations approved by the commission for 13 the position in the city for which the applicant is taking 14 the examination. It may also hire persons with expertise to 15 consult in the preparation of such examinations if the persons 16 so hired are employed to aid personnel of the commission 17 in assuring that a fair examination is conducted. A fair 18 examination shall explore the competence of the applicant in 19 the particular field of examination. The names of persons 20 approved to administer any examination under this section shall 21 be posted in the city hall at least twenty-four hours prior to 22 the examination. 23 DIVISION VI 24 PEACE OFFICERS —— CARRYING FIREARMS 25 Sec. 15. NEW SECTION . 724.4D Authority to carry firearm 26 —— peace officers. 27 A peace officer shall not be prohibited from carrying a 28 firearm while engaged in the performance of official duties. 29 DIVISION VII 30 SHERIFF SALARIES 31 Sec. 16. Section 331.907, subsection 1, Code 2021, is 32 amended to read as follows: 33 1. The annual compensation of the auditor, treasurer, 34 recorder, sheriff, county attorney, and supervisors shall 35 -11- S 3158.2204 (2) 89 as/rh 11/ 21

be determined as provided in this section . The county 1 compensation board annually shall review the compensation 2 paid to comparable officers in other counties of this 3 state, other states, private enterprise, and the federal 4 government. In setting the salary of the county sheriff, 5 the county compensation board shall consider setting set the 6 sheriff’s salary so that it is comparable to salaries paid 7 to professional law enforcement administrators and command 8 officers of the state patrol, the division of criminal 9 investigation of the department of public safety, and city 10 police agencies in this state chiefs employed by cities of 11 similar population to the population of the county . The county 12 compensation board shall prepare a compensation schedule for 13 the elective county officers for the succeeding fiscal year. A 14 recommended compensation schedule requires a majority vote of 15 the membership of the county compensation board. 16 DIVISION VIII 17 CONFIDENTIAL COMMUNICATIONS —— PEER SUPPORT —— GROUP COUNSELORS 18 Sec. 17. Section 622.10, subsection 9, paragraphs a and b, 19 Code 2021, are amended to read as follows: 20 a. A peer support group counselor or individual present 21 for a group crisis intervention who obtains information from 22 an officer or a civilian employee of a law enforcement agency 23 or fire department by reason of the counselor’s capacity as a 24 peer support group counselor or an individual’s presence for 25 a group crisis intervention shall not be allowed, in giving 26 testimony, to disclose any confidential communication properly 27 entrusted to the counselor or individual present for a group 28 crisis intervention by the officer or civilian employee while 29 receiving counseling or group crisis intervention . 30 b. The prohibition in this subsection does not apply 31 where the officer or civilian employee has consented to the 32 disclosure of the information specified in paragraph “a” or 33 where the peer support group counselor or individual present 34 for a group crisis intervention was an initial responding 35 -12- S 3158.2204 (2) 89 as/rh 12/ 21

officer, a witness, or a party to the incident which prompted 1 the delivery of peer support group counseling services or the 2 group crisis intervention to the officer or civilian employee . 3 DIVISION IX 4 DISABILITY MEDICAL BENEFITS —— IOWA PUBLIC RETIREMENT SYSTEM 5 Sec. 18. Section 97B.50A, Code 2021, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 8A. Medical benefits. An employer shall 8 furnish reasonable surgical, medical, dental, osteopathic, 9 chiropractic, podiatric, physical rehabilitation, nursing, 10 ambulance, and hospital services and supplies for a member who 11 is injured in the performance of the member’s duties and is 12 receiving an in-service disability retirement allowance under 13 subsection 2 or has waived an in-service disability retirement 14 allowance under subsection 4, regardless of when the injury 15 occurred or when the member’s in-service disability allowance 16 commenced. 17 DIVISION X 18 OFFICER DISCIPLINARY ACTIONS 19 Sec. 19. Section 80F.1, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 23. a. An officer shall not be discharged, 22 disciplined, or threatened with discharge or discipline by a 23 state, county, or municipal law enforcement agency solely due 24 to a prosecuting attorney making a determination or disclosure 25 that exculpatory evidence exists concerning the officer. 26 b. This subsection does not prohibit a law enforcement 27 agency from dismissing, suspending, demoting, or taking other 28 disciplinary actions against an officer based on the underlying 29 actions that resulted in the exculpatory evidence being 30 withheld. If a collective bargaining agreement applies, the 31 actions taken by the law enforcement agency shall conform to 32 the rules and procedures adopted by the collective bargaining 33 agreement. 34 Sec. 20. FUTURE REPEAL. This division is repealed July 1, 35 -13- S 3158.2204 (2) 89 as/rh 13/ 21

2022. 1 Sec. 21. BRADY-GIGLIO LIST INTERIM COMMITTEE. 2 1. The legislative council is requested to establish a 3 Brady-Giglio list interim committee for the 2021 interim. The 4 purpose of the committee shall be to do all of the following: 5 a. Study the disclosure of information contained in officer 6 personnel files as such information relates to a Brady-Giglio 7 list. 8 b. Study the efficiency of implementing a statewide system 9 for a Brady-Giglio list, identifying impartial entities to 10 conduct investigations pertaining to an officer’s acts or 11 omissions to act, and recommending the appropriate procedures, 12 due process protections, appeal rights, and criteria for the 13 placement and removal of an officer’s name on and from a 14 Brady-Giglio list. 15 c. Study any other issues that the committee determines 16 relevant to its objective. The committee may solicit the 17 advice or testimony of any organization or individual with 18 information or expertise relevant to the purpose of the 19 committee. 20 2. The committee shall consist of three members of the 21 senate appointed by the majority leader of the senate, two 22 members of the senate appointed by the minority leader of the 23 senate, three members of the house of representatives appointed 24 by the speaker of the house of representatives, and two members 25 of the house of representatives appointed by the minority 26 leader of the house of representatives. Additional committee 27 members shall include the commissioner of the department of 28 public safety or the commissioner’s designee, a district court 29 judge appointed by the supreme court, and representatives from 30 all of the following: the Iowa county attorneys association, 31 the Iowa sheriffs and deputies association, the Iowa police 32 chiefs association, the Iowa state police association, the 33 Iowa peace officers association, the Iowa professional fire 34 fighters, the Iowa state troopers association, and the Iowa 35 -14- S 3158.2204 (2) 89 as/rh 14/ 21

state patrol supervisors association. The Iowa sheriffs and 1 deputies association member representative shall be an officer 2 who does not hold rank. 3 3. The committee shall elect a chairperson from the members 4 appointed. 5 4. The committee shall issue a report, including findings 6 and recommendations, to the governor and the general assembly 7 no later than December 16, 2021. 8 5. For the purposes of this section, “Brady-Giglio list” 9 means a list of officers maintained by the county attorney’s 10 office, including officers who may not have disclosed all 11 impeachment information and officers who may have violated the 12 pretrial discovery rule requiring officers to turn over all 13 evidence that might be used to exonerate a defendant. 14 DIVISION XI 15 QUALIFIED IMMUNITY 16 Sec. 22. Section 669.14, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 1A. Any claim based upon an act or omission 19 of an employee of the state, exercising due care, in the 20 execution of or enforcement of any law. 21 Sec. 23. Section 670.2, Code 2021, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4. An employee is not personally liable 24 for a claim based upon an act or omission of the person taken 25 in execution or enforcement of any law except for acts or 26 omissions which involve intentional misconduct or knowing 27 violations of the law. 28 Sec. 24. Section 670.7, Code 2021, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5. The governing body of a municipality 31 shall purchase and maintain insurance or join a local 32 government risk pool pursuant to this section for claims for 33 punitive damages in tort actions for wrongful death, excessive 34 force, and arrest filed without probable cause against its 35 -15- S 3158.2204 (2) 89 as/rh 15/ 21

law enforcement and public safety officers, employees, and 1 volunteers, whether elected or appointed, arising out of an 2 alleged act or omission occurring within the scope of such 3 a person’s employment or duties. The governing body may 4 purchase and maintain insurance or join a local government 5 risk pool for claims for punitive damages against its law 6 enforcement and public safety officers, employees, and persons 7 who do not receive compensation for their services for other 8 tort actions. This subsection does not waive a defense of 9 governmental immunity to any claim or action brought against a 10 law enforcement or public safety officer, employee, or a person 11 who does not receive compensation for their services. 12 DIVISION XII 13 PEACE OFFICER BILL OF RIGHTS 14 Sec. 25. Section 80F.1, Code 2021, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 2A. A formal administrative investigation, 17 informal inquiry, or interview under this chapter shall not be 18 conducted unless a complaint is filed within one hundred eighty 19 days after the alleged action occurred. 20 Sec. 26. Section 80F.1, subsections 13 and 19, Code 2021, 21 are amended to read as follows: 22 13. An officer shall have the right to pursue civil remedies 23 under the law against a citizen arising from the filing of a 24 false complaint against the officer In addition to any other 25 remedies available, an officer shall have the right to pursue 26 civil remedies under the law against any person, group of 27 persons, employer, organization, or corporation for damages 28 arising from the filing of a false complaint or any other 29 violation of this chapter including but not limited to actual 30 damages, court costs, and reasonable attorney fees . 31 19. If a formal administrative investigation results in 32 removal, discharge, suspension, or disciplinary action against 33 an officer, and the officer alleges in writing a violation of 34 the provisions of this section , the municipality, county, or 35 -16- S 3158.2204 (2) 89 as/rh 16/ 21

state agency employing the officer shall hold in abeyance for 1 a period of ten days any punitive action taken as a result of 2 the investigation, including a reprimand , until the conclusion 3 of any appeal or grievance exercised by the officer . An 4 allegation of a violation of this section may be raised and 5 given due consideration in any properly authorized grievance 6 or appeal exercised by an officer, including but not limited 7 to a grievance or appeal exercised pursuant to the terms of an 8 applicable collective bargaining agreement and an appeal right 9 exercised under section 341A.12 or 400.20 . 10 DIVISION XIII 11 LAW ENFORCEMENT DATA COLLECTION AND REPORTING 12 Sec. 27. NEW SECTION . 27B.1 Law enforcement data collection 13 and reporting. 14 1. Every state and local law enforcement agency shall 15 collect and compile data on each traffic, bicycle, or 16 pedestrian stop conducted by its officers, and shall report the 17 data to the attorney general on or before July 1 of each year, 18 subject to subsection 3. All of the following information 19 shall be collected and compiled for each stop, including but 20 not limited to stops that involve questioning or a driver’s 21 license or motor vehicle registration check but that do not 22 result in the issuance of a written citation or warning: 23 a. The time, date, location, and duration of the stop. 24 b. The reason for the stop. 25 c. Whether the officer performed a driver’s license or motor 26 vehicle registration check. 27 d. Whether the officer issued a citation or an oral or 28 written warning. 29 e. The offense for which the individual was warned, cited, 30 or arrested, if applicable. 31 f. The race, ethnicity, sex, and approximate age of the 32 individual, and whether English is the individual’s primary 33 language. The identification of these characteristics shall be 34 based primarily on information obtained from the individual’s 35 -17- S 3158.2204 (2) 89 as/rh 17/ 21

driver’s license or nonoperator’s identification card and 1 secondarily on the observations and perceptions of the officer 2 performing the stop. The officer shall not be required to 3 inquire about the individual’s race or ethnicity, or whether 4 English is the individual’s primary language, and shall rely 5 principally on such information encrypted on the individual’s 6 driver’s license or nonoperator’s identification card pursuant 7 to section 321.189 or 321.190. The identifying characteristics 8 of any passenger in the motor vehicle shall also be reported 9 if the stop involved the passenger and the officer performed a 10 search. 11 g. Whether the officer asked for consent to search the 12 individual or vehicle and whether the individual consented to 13 the search; whether the officer searched the individual, the 14 vehicle, or any property, and the basis for the search; and 15 whether the officer seized any property, a description of the 16 property seized, and the basis for seizing the property. 17 h. Whether the officer used physical force against the 18 individual and whether the individual used physical force 19 against the officer. 20 i. Any other information which the officer or law 21 enforcement agency considers appropriate. 22 2. The attorney general shall develop a standardized form to 23 be used by law enforcement agencies in collecting, compiling, 24 and reporting the information pursuant to subsection 1. 25 3. a. Every state law enforcement agency, every local law 26 enforcement agency with jurisdiction over a county, and every 27 local law enforcement agency with jurisdiction over a city with 28 a population of four thousand five hundred or more shall submit 29 its first report to the attorney general on or before July 1, 30 2021. 31 b. Every local law enforcement agency with jurisdiction over 32 a city with a population of at least two thousand five hundred 33 but less than four thousand five hundred shall submit its first 34 report to the attorney general on or before July 1, 2022. 35 -18- S 3158.2204 (2) 89 as/rh 18/ 21

c. Every local law enforcement agency with jurisdiction over 1 a city with a population of less than two thousand five hundred 2 shall submit its first report to the attorney general on or 3 before July 1, 2023. 4 4. a. Except as otherwise provided by law, a law 5 enforcement agency shall not grant access to any personal 6 identifying information contained in the data collected by 7 the agency to any person except a federal, state, local, or 8 tribal government employee or agent who requires access to such 9 information in order to collect, compile, and report the data 10 in accordance with this section. 11 b. A law enforcement agency may permit a contractor 12 or nongovernmental entity to access personal identifying 13 information contained in the data if the contractor or 14 nongovernmental entity signs an agreement with the agency 15 which prohibits further disclosure of the personal identifying 16 information by the contractor or nongovernmental entity, and 17 if the contractor or nongovernmental entity is required by the 18 agreement to maintain adequate security measures to prevent 19 unauthorized access to the personal identifying information. 20 5. On or before December 15, 2021, and each year thereafter, 21 the attorney general shall publish a report on the attorney 22 general’s internet site containing the compiled data and 23 reports received by the attorney general pursuant to this 24 section for the period ending July 1 of the calendar year in 25 which the report is published. The report shall not contain 26 any unique personal identifying information of any peace 27 officer or other person involved in a particular incident, 28 including but not limited to names and badge numbers. 29 Sec. 28. Section 321.189, subsection 2, paragraph a, Code 30 2021, is amended to read as follows: 31 a. Appearing on the driver’s license shall be a 32 distinguishing number assigned to the licensee; the licensee’s 33 full name, date of birth, sex, and residence address; a 34 color photograph; a physical description of the licensee; 35 -19- S 3158.2204 (2) 89 as/rh 19/ 21