House
File
2797
-
Enrolled
House
File
2797
AN
ACT
RELATING
TO
THE
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
OF
RIGHTS,
AND
PROVIDING
FEES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
80F.1,
subsection
25,
Code
2026,
is
amended
to
read
as
follows:
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.
An
officer
placed
on
a
Brady-Giglio
list
by
a
prosecuting
agency,
regardless
of
when
such
placement,
action,
or
decision
occurred,
shall
have
the
rights
afforded
under
this
subsection.
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
confidential
unless
otherwise
provided
by
law
and
ordered
by
the
district
court.
If
the
court
finds
in
favor
of
the
officer
under
this
subsection,
upon
application,
the
court
shall
award
the
officer
equitable
relief,
reasonable
attorney
House
File
2797,
p.
2
fees,
expenses,
and
court
costs.
Any
such
award
shall
be
paid
by
the
state
or
the
municipality
or
county
that
employs
or
is
responsible
for
the
prosecuting
agency.
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
the
placement
of
an
officer
on
a
Brady-Giglio
list
and
subsequent
proceedings
and
orders
occurring
on
and
after
July
1,
2021.
______________________________
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
2797,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor