House
File
2592
-
Enrolled
House
File
2592
AN
ACT
RELATING
TO
THE
PLACEMENT
OF
A
POLICE
OFFICER
ON
A
BRADY-GIGLIO
LIST,
INCLUDING
THE
RIGHT
OF
A
POLICE
OFFICER
TO
PETITION
THE
COURT
AND
THE
STANDARD
OF
PROOF
REQUIRED
FOR
ACTIONS
REGARDING
SUCH
PLACEMENT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
80F.1,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
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.
Evidence
presented
to
the
district
court
shall
be
provided
under
seal
and
kept
House
File
2592,
p.
2
confidential
unless
otherwise
provided
by
law
and
ordered
by
the
district
court.
Sec.
2.
NEW
SECTION
.
80F.3
Standard
of
proof.
The
standard
of
proof
for
an
allegation,
administrative
charge,
complaint,
cause
of
action,
claim,
or
defense
under
this
chapter
shall
be
a
preponderance
of
the
evidence
unless
a
higher
standard
of
proof
is
required
by
law.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2592,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor