H-1164

   Amend House File 921 as follows:
   1.  Page 1, by striking lines 25 through 33 and inserting: 
   <f.  “Officer” means a certified law enforcement officer, fire fighter, fire marshal, emergency medical technician, paramedic, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, or any other  fire fighter or law enforcement officer certified whose certification is governed by the Iowa law enforcement academy or state fire marshal, and who is employed by a municipality, county, or state agency.>
   2.  Page 1, line 34, by striking <9 and 10> and inserting <5, 9, and 10>
   3.  Page 1, after line 35 by inserting: 
   5.  a.  An officer who is the subject of a complaint, shall, at a minimum, be provided a written summary of the complaint prior to an interview. If a collective bargaining agreement applies, the complaint or written summary shall be provided pursuant to the procedures established under the collective bargaining agreement. If the complaint alleges domestic abuse, sexual abuse, workplace harassment, or sexual harassment, an officer shall not receive more than a written summary of the complaint.
   b.  If the employing agency or investigating agency determines an interview of the officer is necessary to complete an investigation, the employing or investigating agency shall provide the officer who is the subject of a complaint or the officer’s legal counsel a complete legal copy of the officer’s incident report, prior statements, and the officer’s video and audio recordings, if both are available, from the incident giving rise to the complaint without unnecessary delay at no charge prior to the interview of the officer or any Brady-Giglio proceeding. Nothing in this paragraph shall be construed to constitute a disclosure of public records.>
   4.  Page 2, by striking lines 1 through 14 and inserting: 
   9.  a.  Once the investigation is complete, the employing agency shall notify the officer subject to the investigation or the officer’s legal counsel within a reasonable amount of time that the investigation is complete. The officer subject to the investigation or the officer’s legal counsel shall have ten business days from the date that the officer received notice that the investigation was complete to request a complete investigative report. A disciplinary hearing of the officer subject to the investigation shall not be scheduled sooner than ten business days after that officer or the officer’s legal counsel receives the complete investigative report. If the officer or the officer’s legal counsel does not request the complete investigative report, the disciplinary hearing may be scheduled no sooner than ten business days from the last date that the officer was able to request the report.
   b.  If a formal administrative investigation the disciplinary hearing results in the removal, discharge, or suspension, or other disciplinary action against an officer, copies of any witness statements and the complete investigative agency’s report shall be timely provided to the officer upon the request of the officer or the officer’s legal counsel upon request at the completion of the investigation.>
   5.  By striking page 2, line 21, through page 3, line 2, and inserting: 
   <25.  An officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list. The district court shall have jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The district court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list, as justice may require.  If the district court finds in favor of the officer under this subsection, upon adjudication, the district court shall award the officer reasonable attorney fees and court costs regardless of when the placement of the officer on the Brady-Giglio list or the district court’s ruling in favor of the officer occurred. Any reasonable attorney fees and court costs awarded to the officer shall be paid by the agency that placed the officer on the Brady-Giglio list. A prosecuting agency shall be immune from money damages for any action under this subsection. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court.>
   6.  Page 4, by striking lines 17 through 29 and inserting: 
   <a.  A peer support group counselor or individual present for a individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group>
   b.  counselor or an individual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a an individual or group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention including in giving testimony.>
   7.  By striking page 4, line 33, through page 5, line 16, and inserting: 
   <(1)  “Officer” means a certified law enforcement officer, fire fighter, fire marshal, emergency medical technician, paramedic, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, or any other fire fighter or law enforcement officer certified whose certification is governed by the Iowa law enforcement academy or state fire marshal, and who is employed by a municipality, county, or state agency.
   (2)  “Peer support group counselor” means a law enforcement officer, fire fighter, civilian employee of a law enforcement agency or fire department, or a nonemployee counselor who has been designated as a peer support group counselor by a sheriff, police chief, fire chief, or department head of a law enforcement agency, fire department, or emergency medical services agency and who has received training to provide emotional and moral support and counseling to an officer or group who needs those services as a result of an incident in which the officer or group was involved while acting in the officer’s or group’s official capacity.>

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VONDRAN of Scott