House File 921 H-1164 Amend House File 921 as follows: 1 1. Page 1, by striking lines 25 through 33 and inserting: 2 < f. “Officer” means a certified law enforcement officer, 3 fire fighter, fire marshal, emergency medical technician, 4 paramedic, corrections officer, detention officer, jailer, 5 probation or parole officer, public safety telecommunicator, 6 dispatcher, or any other fire fighter or law enforcement 7 officer certified whose certification is governed by the Iowa 8 law enforcement academy or state fire marshal, and who is 9 employed by a municipality, county, or state agency. > 10 2. Page 1, line 34, by striking < 9 and 10 > and inserting < 5, 11 9, and 10 > 12 3. Page 1, after line 35 by inserting: 13 5. a. An officer who is the subject of a complaint , shall , 14 at a minimum, be provided a written summary of the complaint 15 prior to an interview. If a collective bargaining agreement 16 applies, the complaint or written summary shall be provided 17 pursuant to the procedures established under the collective 18 bargaining agreement. If the complaint alleges domestic abuse, 19 sexual abuse, workplace harassment, or sexual harassment, an 20 officer shall not receive more than a written summary of the 21 complaint. 22 b. If the employing agency or investigating agency 23 determines an interview of the officer is necessary to complete 24 an investigation, the employing or investigating agency 25 shall provide the officer who is the subject of a complaint 26 or the officer’s legal counsel a complete legal copy of the 27 officer’s incident report, prior statements, and the officer’s 28 video and audio recordings, if both are available, from the 29 incident giving rise to the complaint without unnecessary delay 30 at no charge prior to the interview of the officer or any 31 Brady-Giglio proceeding. Nothing in this paragraph shall be 32 construed to constitute a disclosure of public records. > 33 4. Page 2, by striking lines 1 through 14 and inserting: 34 9. a. Once the investigation is complete, the employing 35 -1- HF 921.1175 (4) 91 as/js 1/ 4 #1. #2. #3. #4.

agency shall notify the officer subject to the investigation or 1 the officer’s legal counsel within a reasonable amount of time 2 that the investigation is complete. The officer subject to the 3 investigation or the officer’s legal counsel shall have ten 4 business days from the date that the officer received notice 5 that the investigation was complete to request a complete 6 investigative report. A disciplinary hearing of the officer 7 subject to the investigation shall not be scheduled sooner than 8 ten business days after that officer or the officer’s legal 9 counsel receives the complete investigative report. If the 10 officer or the officer’s legal counsel does not request the 11 complete investigative report, the disciplinary hearing may be 12 scheduled no sooner than ten business days from the last date 13 that the officer was able to request the report. 14 b. If a formal administrative investigation the disciplinary 15 hearing results in the removal, discharge, or suspension, or 16 other disciplinary action against an officer, copies of any 17 witness statements and the complete investigative agency’s 18 report shall be timely provided to the officer upon the request 19 of the officer or the officer’s legal counsel upon request at 20 the completion of the investigation . > 21 5. By striking page 2, line 21, through page 3, line 2, and 22 inserting: 23 < 25. An officer shall have the right to petition the 24 district court, appeal, or intervene in an action regarding 25 a prosecuting agency’s decision to place an officer on a 26 Brady-Giglio list. The district court shall have jurisdiction 27 over the review of the prosecuting agency’s decision. The 28 district court shall perform an in camera review of the 29 evidence and may hold a closed hearing upon the request of 30 the officer or prosecuting agency, or upon the court’s own 31 motion. The district court may affirm, modify, or reverse a 32 prosecuting agency’s decision, and issue orders or provide 33 relief, including removal of the officer from a Brady-Giglio 34 list, as justice may require. If the district court finds in 35 -2- HF 921.1175 (4) 91 as/js 2/ 4 #5.

favor of the officer under this subsection, upon adjudication, 1 the district court shall award the officer reasonable attorney 2 fees and court costs regardless of when the placement of the 3 officer on the Brady-Giglio list or the district court’s ruling 4 in favor of the officer occurred. Any reasonable attorney 5 fees and court costs awarded to the officer shall be paid 6 by the agency that placed the officer on the Brady-Giglio 7 list. A prosecuting agency shall be immune from money damages 8 for any action under this subsection. Evidence presented 9 to the district court shall be provided under seal and kept 10 confidential unless otherwise provided by law and ordered by 11 the district court. > 12 6. Page 4, by striking lines 17 through 29 and inserting: 13 < a. A peer support group counselor or individual present 14 for a individual or group crisis intervention who obtains 15 information from an officer or a civilian employee of a law 16 enforcement agency , emergency management agency, emergency 17 medical services agency, or fire department by reason of the 18 counselor’s capacity as a peer support group > 19 b. counselor or an individual’s presence for a group crisis 20 intervention shall not be allowed , in giving testimony, to 21 disclose any confidential communication properly entrusted to 22 the counselor or individual present for a an individual or 23 group crisis intervention by the officer or civilian employee 24 while receiving counseling or group crisis intervention 25 including in giving testimony . > 26 7. By striking page 4, line 33, through page 5, line 16, and 27 inserting: 28 < (1) “Officer” means a certified law enforcement officer, 29 fire fighter, fire marshal, emergency medical technician, 30 paramedic, corrections officer, detention officer, jailer, 31 probation or parole officer, public safety telecommunicator, 32 dispatcher, or any other fire fighter or law enforcement 33 officer certified whose certification is governed by the Iowa 34 law enforcement academy or state fire marshal, and who is 35 -3- HF 921.1175 (4) 91 as/js 3/ 4 #6. #7.

employed by a municipality, county, or state agency. 1 (2) “Peer support group counselor” means a law enforcement 2 officer, fire fighter, civilian employee of a law enforcement 3 agency or fire department, or a nonemployee counselor who 4 has been designated as a peer support group counselor by a 5 sheriff, police chief, fire chief, or department head of a 6 law enforcement agency, fire department, or emergency medical 7 services agency and who has received training to provide 8 emotional and moral support and counseling to an officer or 9 group who needs those services as a result of an incident in 10 which the officer or group was involved while acting in the 11 officer’s or group’s official capacity. > 12 ______________________________ VONDRAN of Scott -4- HF 921.1175 (4) 91 as/js 4/ 4