House File 2232
HOUSE FILE
BY THOMAS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to eliminate the Iowa law enforcement academy and revise
2 the functions of the Iowa law enforcement council.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5153HH 80
5 jr/sh/8
PAG LIN
1 1 Section 1. Section 80B.1, Code 2003, is amended to read as
1 2 follows:
1 3 80B.1 CITATION.
1 4 This chapter shall be known as the "Iowa law enforcement
1 5 academy and council Act".
1 6 Sec. 2. Section 80B.2, Code 2003, is amended to read as
1 7 follows:
1 8 80B.2 INTENT.
1 9 It is the intent of the legislature in creating the academy
1 10 and the council to maximize training opportunities for law
1 11 enforcement officers, to co=ordinate coordinate training, and
1 12 to set standards for the law enforcement service, all of which
1 13 are imperative to upgrading law enforcement to professional
1 14 status.
1 15 Sec. 3. Section 80B.3, subsection 1, Code Supplement 2003,
1 16 is amended by striking the subsection.
1 17 Sec. 4. Section 80B.3, subsection 2, Code Supplement 2003,
1 18 is amended to read as follows:
1 19 2. "Council" means the Iowa law enforcement academy
1 20 council.
1 21 Sec. 5. Section 80B.6, unnumbered paragraph 1, Code 2003,
1 22 is amended to read as follows:
1 23 There is created the Iowa law enforcement academy council
1 24 which for administrative purposes shall be part of the
1 25 department of public safety. The department shall provide
1 26 staff support for the council. The council shall consist of
1 27 the following seven members appointed by the governor subject
1 28 to confirmation by the senate to terms of four years
1 29 commencing as provided in section 69.19:
1 30 Sec. 6. Section 80B.8, Code 2003, is amended to read as
1 31 follows:
1 32 80B.8 COMPENSATION AND EXPENSES.
1 33 The members of the council, who are not employees of the
1 34 state or a political subdivision, shall be paid a per diem as
1 35 specified in section 7E.6. All members of the council shall
2 1 be reimbursed for necessary and actual expenses incurred in
2 2 attending meetings and in the performance of their duties.
2 3 All per diem and expense moneys paid to nonlegislative members
2 4 shall be paid from funds appropriated to the Iowa law
2 5 enforcement academy council. Legislative members of the
2 6 council shall receive payment pursuant to section 2.10 and
2 7 section 2.12.
2 8 Sec. 7. Section 80B.11, unnumbered paragraph 1, Code
2 9 Supplement 2003, is amended to read as follows:
2 10 The director of the academy, subject to the approval of the
2 11 council, shall promulgate rules in accordance with the
2 12 provisions of this chapter and chapter 17A, giving due
2 13 consideration to varying factors and special requirements of
2 14 law enforcement agencies relative to the following:
2 15 Sec. 8. Section 80B.11, subsection 3, unnumbered paragraph
2 16 2, Code Supplement 2003, is amended to read as follows:
2 17 In=service training under this subsection shall include the
2 18 requirement that by December 31, 1994, all law enforcement
2 19 officers complete a course on investigation, identification,
2 20 and reporting of public offenses based on the race, color,
2 21 religion, ancestry, national origin, political affiliation,
2 22 sex, sexual orientation, age, or disability of the victim.
2 23 The director council shall consult with the civil rights
2 24 commission, the department of public safety, and the
2 25 prosecuting attorneys training coordinator in developing the
2 26 requirements for this course and may contract with outside
2 27 providers for this course.
2 28 Sec. 9. Section 80B.11, subsection 6, Code Supplement
2 29 2003, is amended to read as follows:
2 30 6. Minimum standards of mental fitness which shall govern
2 31 the initial recruitment, selection, and appointment of law
2 32 enforcement officers. The rules shall include, but are not
2 33 limited to, providing a battery of psychological tests to
2 34 determine cognitive skills, personality characteristics, and
2 35 suitability of an applicant for a law enforcement career.
3 1 However, this battery of tests need only be given to
3 2 applicants being considered in the final selection process for
3 3 a law enforcement position. Notwithstanding any provision of
3 4 chapter 400, an applicant shall not be hired if the employer
3 5 determines from the tests that the applicant does not possess
3 6 sufficient cognitive skills, personality characteristics, or
3 7 suitability for a law enforcement career. The director of the
3 8 academy council shall provide for the cognitive and
3 9 psychological examinations and their administration to the law
3 10 enforcement agencies or applicants, and shall identify and
3 11 procure persons who can be hired to interpret the
3 12 examinations.
3 13 Sec. 10. Section 80B.11, unnumbered paragraph 2, Code
3 14 Supplement 2003, is amended by striking the unnumbered
3 15 paragraph.
3 16 Sec. 11. Section 80B.11A, Code 2003, is amended to read as
3 17 follows:
3 18 80B.11A JAILER TRAINING STANDARDS.
3 19 The director of the academy, subject to the approval of the
3 20 council, and in consultation with the Iowa department of
3 21 corrections, Iowa state sheriffs' and deputies' association,
3 22 and the Iowa association of chiefs of police and peace
3 23 officers, shall adopt rules in accordance with this chapter
3 24 and chapter 17A establishing minimum standards for training of
3 25 jailers.
3 26 Sec. 12. Section 80B.11C, Code Supplement 2003, is amended
3 27 to read as follows:
3 28 80B.11C TELECOMMUNICATOR TRAINING STANDARDS.
3 29 The director of the academy, subject to the approval of the
3 30 council, in consultation with the Iowa state sheriffs' and
3 31 deputies' association, the Iowa police executive forum, the
3 32 Iowa association of chiefs of police and peace officers, the
3 33 Iowa state police association, the Iowa association of
3 34 professional fire fighters, the Iowa emergency medical
3 35 services association, the joint council of Iowa fire service
4 1 organizations, the Iowa department of public safety, the Iowa
4 2 chapter of the association of public safety communications
4 3 officials=international, inc., the Iowa chapter of the
4 4 national emergency number association, the homeland security
4 5 and emergency management division of the Iowa department of
4 6 public defense, and the Iowa department of public health,
4 7 shall adopt rules pursuant to chapter 17A establishing minimum
4 8 standards for training of telecommunicators. For purposes of
4 9 this section, "telecommunicator" means a person who receives
4 10 requests for, or dispatches requests to, emergency response
4 11 agencies which include, but are not limited to, law
4 12 enforcement, fire, rescue, and emergency medical services
4 13 agencies.
4 14 Sec. 13. Section 80B.11D, subsections 2 and 3, Code
4 15 Supplement 2003, are amended to read as follows:
4 16 2. An individual who submits an application pursuant to
4 17 subsection 1 shall, at a minimum, meet all minimum hiring
4 18 standards as established by academy council rules, including
4 19 the successful completion of certain psychological and
4 20 physical testing examinations. In addition, such individual
4 21 shall be of good moral character as determined by a thorough
4 22 background investigation by the hiring law enforcement agency.
4 23 The academy department of public safety shall conduct the
4 24 requisite testing and background investigation for a fee if
4 25 the law enforcement agency does not do so, and for such
4 26 purposes, the academy department shall be defined as a law
4 27 enforcement agency and shall have the authority to conduct a
4 28 background investigation including a fingerprint search of
4 29 local, state, and national fingerprint files.
4 30 3. An individual who submits an application pursuant to
4 31 subsection 1 shall, at a minimum, submit proof of successful
4 32 completion of a two=year or four=year police science or
4 33 criminal justice program at an accredited educational
4 34 institution in this state approved by the academy council.
4 35 Sec. 14. Section 80B.11E, Code Supplement 2003, is amended
5 1 to read as follows:
5 2 80B.11E ACADEMY LAW ENFORCEMENT TRAINING == APPLICATION BY
5 3 INDIVIDUAL == INDIVIDUAL EXPENSE.
5 4 1. Notwithstanding any other provision of law to the
5 5 contrary, an individual who is not a certified law enforcement
5 6 officer may apply for attendance at the law enforcement
5 7 academy an approved law enforcement training program at their
5 8 own expense if such individual is sponsored by a law
5 9 enforcement agency that either intends to hire or has hired
5 10 the individual as a law enforcement officer on the condition
5 11 that the individual meets the minimum eligibility standards
5 12 described in subsection 2.
5 13 2. An individual who submits an application pursuant to
5 14 subsection 1 shall, at a minimum, meet all minimum hiring
5 15 standards as established by academy council rules, including
5 16 the successful completion of certain psychological and
5 17 physical testing examinations. In addition, such individual
5 18 shall be of good moral character as determined by a thorough
5 19 background investigation by the academy department of public
5 20 safety for a fee. For such purposes, the academy department
5 21 shall have the authority to conduct a background investigation
5 22 of the individual, including a fingerprint search of local,
5 23 state, and national fingerprint files.
5 24 3. An individual shall not be granted permission to attend
5 25 an academy a training program if such acceptance would result
5 26 in the nonacceptance of another qualifying applicant who is a
5 27 law enforcement officer.
5 28 4. An individual who has not been hired by a law
5 29 enforcement agency must be hired by a law enforcement agency
5 30 within eighteen months of completing the appropriate
5 31 coursework at the law enforcement academy an approved law
5 32 enforcement training program in order to obtain certification
5 33 pursuant to this section.
5 34 Sec. 15. Section 80B.12, Code 2003, is amended to read as
5 35 follows:
6 1 80B.12 AGREEMENTS WITH OTHER AGENCIES.
6 2 The director with the approval of the council may shall
6 3 enter into agreements with other public and private agencies,
6 4 colleges, and universities to provide all required training
6 5 and otherwise carry out the intent of this chapter.
6 6 Sec. 16. Section 80B.13, subsection 7, Code 2003, is
6 7 amended by striking the subsection.
6 8 Sec. 17. Section 80B.14, Code 2003, is amended to read as
6 9 follows:
6 10 80B.14 BUDGET SUBMITTED TO DEPARTMENT OF MANAGEMENT.
6 11 The Iowa law enforcement academy council shall submit to
6 12 the department of management, annually and in such form as
6 13 required by chapter 8 estimates of its expenditure
6 14 requirements. Such estimates shall include the costs of
6 15 administration, maintenance, and operation, and the cost of
6 16 any proposed capital improvements or additional programs.
6 17 Sec. 18. Section 80B.15, Code Supplement 2003, is amended
6 18 to read as follows:
6 19 80B.15 LIBRARY AND MEDIA RESOURCE CENTER.
6 20 The academy shall be the principal council may maintain a
6 21 law enforcement library and media resource center and shall
6 22 co=ordinate coordinate the use of law enforcement media
6 23 resources with training centers and educational institutions
6 24 offering a two=year program in law enforcement to insure for
6 25 the efficient use of state law enforcement media resources.
6 26 The academy shall council may offer state media resource
6 27 assistance to any law enforcement training center certified by
6 28 the Iowa law enforcement academy council.
6 29 The director of the academy shall council may assess a fee
6 30 for use of law enforcement media resources supplied or loaned
6 31 by the academy council. The fees shall be established by
6 32 rules adopted pursuant to chapter 17A. The fees shall be
6 33 considered as repayment receipts.
6 34 Sec. 19. Section 80B.16, Code 2003, is amended to read as
6 35 follows:
7 1 80B.16 AUDIOVISUAL FEES ESTABLISHED.
7 2 The academy council may charge state departments,
7 3 independent agencies, or other governmental offices a fee not
7 4 to exceed the actual costs, including the cost of equipment,
7 5 production, and duplication, for audiovisual services provided
7 6 by the academy council. Fees shall be deposited in a separate
7 7 fund in the state treasury to be known as the audiovisual
7 8 equipment fund. Funds generated from the audiovisual fees are
7 9 appropriated and shall be used at the direction of the academy
7 10 council only to maintain and upgrade academy council
7 11 audiovisual equipment. Notwithstanding section 8.33,
7 12 unencumbered or unobligated moneys in the separate fund at the
7 13 end of a fiscal year shall not revert to the general fund of
7 14 the state.
7 15 Sec. 20. Section 80B.18, Code Supplement 2003, is amended
7 16 to read as follows:
7 17 80B.18 LAW ENFORCEMENT OFFICER == TRIBAL GOVERNMENT.
7 18 A law enforcement officer who is a member of a police force
7 19 of a tribal government and who becomes certified through the
7 20 Iowa law enforcement academy shall be subject to the
7 21 certification and revocation of certification rules and
7 22 procedures as provided in this chapter. The certified law
7 23 enforcement officer shall be subject to the jurisdiction of
7 24 the courts of this state if an agreement exists between the
7 25 tribal government and the state or between the tribal
7 26 government and a county, which grants authority to the law
7 27 enforcement officer to act in a law enforcement capacity off a
7 28 settlement or reservation.
7 29 Sec. 21. Section 7E.5, subsection 2, paragraph a, Code
7 30 Supplement 2003, is amended to read as follows:
7 31 a. There is a civil rights commission, a public employment
7 32 relations board, an interstate cooperation commission, an
7 33 ethics and campaign disclosure board, and an Iowa law
7 34 enforcement academy council.
7 35 Sec. 22. Section 80D.2, Code 2003, is amended to read as
8 1 follows:
8 2 80D.2 PERSONAL STANDARDS.
8 3 The director of the law enforcement academy with the
8 4 approval of the Iowa law enforcement academy council may
8 5 establish minimum standards of physical, educational, mental,
8 6 and moral fitness for members of the reserve force.
8 7 Sec. 23. Section 80D.3, subsection 1, Code 2003, is
8 8 amended to read as follows:
8 9 1. Each person appointed to serve as a reserve peace
8 10 officer shall satisfactorily complete a minimum training
8 11 course as provided in this section. In addition, if a reserve
8 12 peace officer is authorized to carry weapons, the officer
8 13 shall satisfactorily complete the same training course in the
8 14 use of weapons as is required for basic training of regular
8 15 peace officers by the Iowa law enforcement academy council.
8 16 The minimum training course for reserve peace officers must be
8 17 satisfactorily completed within four years from the date of
8 18 appointment. If reserve officer training received before July
8 19 1, 1990, meets the requirements of this section, the training
8 20 may be applied to meet the minimum training course
8 21 requirements of this section.
8 22 Sec. 24. Section 80D.3, subsection 3, unnumbered paragraph
8 23 1, Code 2003, is amended to read as follows:
8 24 A person appointed to serve as a reserve peace officer, who
8 25 has received basic training as a peace officer and has been
8 26 certified by the Iowa law enforcement academy council pursuant
8 27 to chapter 80B and rules adopted pursuant to chapter 80B, may
8 28 be exempted from completing the minimum training course at the
8 29 discretion of the appointing authority if the officer meets
8 30 one of the following qualifications:
8 31 Sec. 25. Section 80D.3, subsection 4, paragraphs a and b,
8 32 Code 2003, are amended to read as follows:
8 33 a. During the first year, thirty hours of general law
8 34 enforcement training is required as provided in section 80D.4
8 35 and as prescribed by the Iowa law enforcement academy council.
9 1 If weapons are to be carried, a reserve peace officer shall
9 2 complete a weapons training course having the same number of
9 3 hours of training as is required of regular peace officers in
9 4 basic training pursuant to section 80D.7.
9 5 b. During the second through the fourth year, forty hours
9 6 of training shall be provided each year. Ten hours annually
9 7 shall be obtained by each reserve peace officer working with a
9 8 regular peace officer. The remaining thirty hours annually
9 9 shall be selected by the appointing authority from the
9 10 approved basic training curriculum established by the Iowa law
9 11 enforcement academy council for use in training regular peace
9 12 officers.
9 13 Sec. 26. Section 80D.4, Code 2003, is amended to read as
9 14 follows:
9 15 80D.4 TRAINING.
9 16 Training for individuals appointed as reserve peace
9 17 officers shall be provided by that law enforcement agency, but
9 18 may be obtained in a community college or other facility
9 19 selected by the individual and approved by the law enforcement
9 20 agency. Upon satisfactory completion of training required by
9 21 the Iowa law enforcement academy council, the chief of police,
9 22 sheriff, commissioner of public safety, or director of the
9 23 judicial district department of correctional services shall
9 24 certify the individual as a reserve peace officer.
9 25 Sec. 27. Section 80D.7, Code 2003, is amended to read as
9 26 follows:
9 27 80D.7 CARRYING WEAPONS.
9 28 A member of a reserve force shall not carry a weapon in the
9 29 line of duty until the member has been approved by the
9 30 governing body and certified by the Iowa law enforcement
9 31 academy council to carry weapons. After approval and
9 32 certification, a reserve peace officer may carry a weapon in
9 33 the line of duty only when authorized by the chief of police,
9 34 sheriff, commissioner of public safety or the commissioner's
9 35 designee, or director of the judicial district department of
10 1 correctional services or the director's designee, as the case
10 2 may be.
10 3 Sec. 28. Section 232.69, subsection 3, paragraph d,
10 4 subparagraph (3), Code Supplement 2003, is amended to read as
10 5 follows:
10 6 (3) A training program using such an approved curriculum
10 7 offered by the department of human services, the department of
10 8 education, an area education agency, a school district, the
10 9 Iowa law enforcement academy, or a similar public agency.
10 10 Sec. 29. Section 235B.16, subsection 5, paragraph d,
10 11 subparagraph (3), Code 2003, is amended to read as follows:
10 12 (3) A training program using such an approved curriculum
10 13 offered by the department of human services, the department of
10 14 elder affairs, the department of inspections and appeals, the
10 15 Iowa law enforcement academy, or a similar public agency.
10 16 Sec. 30. Section 262.13, Code 2003, is amended to read as
10 17 follows:
10 18 262.13 SECURITY OFFICERS AT INSTITUTIONS AS PEACE
10 19 OFFICERS.
10 20 The board may authorize any institution under its control
10 21 to commission one or more of its employees as special security
10 22 officers. Special security officers shall have the powers,
10 23 privileges, and immunities of regular peace officers when
10 24 acting in the interests of the institution by which they are
10 25 employed. The board shall provide as rapidly as practicable
10 26 for the adequate training of such special security officers at
10 27 as established by rule of the Iowa law enforcement academy or
10 28 in an equivalent training program council, unless they have
10 29 already received such training.
10 30 Sec. 31. Section 321.52, subsection 4, paragraph c, Code
10 31 2003, is amended to read as follows:
10 32 c. A salvage theft examination shall be made by a peace
10 33 officer who has been specially certified and recertified when
10 34 required by the Iowa law enforcement academy council to do
10 35 salvage theft examinations. The Iowa law enforcement academy
11 1 council shall determine standards for training and
11 2 certification, conduct training, and may approve alternative
11 3 training programs which satisfy the academy's council's
11 4 standards for training and certification. The owner of the
11 5 salvage vehicle shall make the vehicle available for
11 6 examination at a time and location designated by the peace
11 7 officer doing the examination. The owner may obtain a permit
11 8 to drive the vehicle to and from the examination location by
11 9 submitting a repair affidavit to the agency performing the
11 10 examination stating that the vehicle is reasonably safe for
11 11 operation and listing the repairs which have been made to the
11 12 vehicle. The owner must be present for the examination and
11 13 have available for inspection the salvage title, bills of sale
11 14 for all essential parts changed, and the repair affidavit.
11 15 The examination shall be for the purposes of determining
11 16 whether the vehicle or repair components have been stolen.
11 17 The examination is not a safety inspection and a signed
11 18 salvage theft examination certificate shall not be construed
11 19 by any court of law to be a certification that the vehicle is
11 20 safe to be operated. There shall be no cause of action
11 21 against the peace officer or the agency conducting the
11 22 examination or the county treasurer for failure to discover or
11 23 note safety defects. If the vehicle passes the theft
11 24 examination, the peace officer shall indicate that the vehicle
11 25 passed examination on the salvage theft examination
11 26 certificate. The permit and salvage theft examination
11 27 certificate shall be on controlled forms prescribed and
11 28 furnished by the department. The owner shall pay a fee of
11 29 thirty dollars upon completion of the examination. The agency
11 30 performing the examinations shall retain twenty dollars of the
11 31 fee and shall pay five dollars of the fee to the department
11 32 and five dollars of the fee to the treasurer of state for
11 33 deposit in the general fund of the state. Moneys deposited to
11 34 the general fund under this paragraph are subject to the
11 35 requirements of section 8.60 and shall be used by the Iowa law
12 1 enforcement academy to provide for the special training,
12 2 certification, and recertification of officers as required by
12 3 this subsection.
12 4 The state department of transportation shall adopt rules in
12 5 accordance with chapter 17A to carry out this section.
12 6 Sec. 32. Section 321J.1, subsection 8, paragraph e, Code
12 7 2003, is amended to read as follows:
12 8 e. Any other law enforcement officer who has
12 9 satisfactorily completed an approved course relating to motor
12 10 vehicle operators under the influence of alcoholic beverages
12 11 at the Iowa law enforcement academy or a law enforcement
12 12 training program approved by the department of public safety.
12 13 Sec. 33. Section 331.651, subsection 1, paragraph c, Code
12 14 2003, is amended to read as follows:
12 15 c. Be a certified peace officer recognized by the Iowa law
12 16 enforcement academy council under chapter 80B or complete the
12 17 basic training course provided at the Iowa law enforcement
12 18 academy's central training facility or a location other than
12 19 the central training facility within one year of taking
12 20 office. A person shall be deemed to have completed the basic
12 21 training course if the person meets all course requirements
12 22 except the physical training requirements.
12 23 Sec. 34. Section 341A.6, subsection 2, Code 2003, is
12 24 amended to read as follows:
12 25 2. To administer practical tests designed to determine the
12 26 ability of persons examined to perform the duties of the
12 27 position for which they are seeking appointment. Such tests
12 28 shall be designed and prepared by the director of approved by
12 29 the Iowa law enforcement academy council, shall be
12 30 administered by each commission in a uniform manner prescribed
12 31 by the director council, and shall be consistent with
12 32 standards established pursuant to chapter 80B governing
12 33 standards for employment of Iowa law enforcement officers.
12 34 Notice of such tests shall be posted in the office of the
12 35 sheriff and the office of the board of supervisors not less
13 1 than thirty days prior to giving such tests.
13 2 Sec. 35. Section 341A.10, Code 2003, is amended to read as
13 3 follows:
13 4 341A.10 CITIZENSHIP.
13 5 An applicant for any position under civil service shall be
13 6 a citizen of the United States who can read and write the
13 7 English language, and shall meet the minimum requirements of
13 8 the Iowa law enforcement academy council for a law enforcement
13 9 officer.
13 10 Sec. 36. Section 341A.11, unnumbered paragraph 1, Code
13 11 2003, is amended to read as follows:
13 12 The tenure of every deputy sheriff holding an office or
13 13 position of employment under the provisions of this chapter
13 14 shall be conditional upon a probationary period. If the
13 15 employee has successfully completed training at the as
13 16 approved by the Iowa law enforcement academy or a regional
13 17 training facility certified by the director of the Iowa law
13 18 enforcement academy council prior to initial appointment as a
13 19 deputy sheriff, the probationary period shall be for a period
13 20 of up to nine months and shall commence with the date of
13 21 initial appointment as a deputy sheriff. If the employee has
13 22 not successfully completed training at the Iowa law
13 23 enforcement academy or a regional training facility certified
13 24 by the director of the Iowa law enforcement academy prior to
13 25 initial appointment as a deputy sheriff, the probationary
13 26 period shall commence with the date of initial employment as a
13 27 deputy sheriff and shall continue for a period of up to nine
13 28 months following the date of successful completion of training
13 29 at the Iowa law enforcement academy or a regional training
13 30 facility certified by the director of the Iowa law enforcement
13 31 academy. During the probationary period, the appointee may be
13 32 removed or discharged by the sheriff without the right of
13 33 appeal to the commission. Each deputy sheriff who transfers
13 34 from one jurisdiction to another shall be employed subject to
13 35 a probationary period of up to nine months. After the
14 1 probationary period, the deputy sheriff may be removed or
14 2 discharged, suspended without pay, demoted, or reduced in
14 3 rank, or deprived of vacation privileges or other privileges
14 4 for any of the following reasons:
14 5 Sec. 37. Section 400.8, subsection 3, Code 2003, is
14 6 amended to read as follows:
14 7 3. All appointments to such positions shall be conditional
14 8 upon a probation period of not to exceed six months, and in
14 9 the case of police dispatchers and fire fighters a probation
14 10 period not to exceed twelve months. In the case of police
14 11 patrol officers, if the employee has successfully completed
14 12 training at the Iowa law enforcement academy or another
14 13 training facility certified by the director of as approved by
14 14 the Iowa law enforcement academy council before the initial
14 15 appointment as a police patrol officer, the probationary
14 16 period shall be for a period of up to nine months and shall
14 17 commence with the date of initial appointment as a police
14 18 patrol officer. If the employee has not successfully
14 19 completed training at the Iowa law enforcement academy or
14 20 another training facility certified by the director of the law
14 21 enforcement academy before initial appointment as a police
14 22 patrol officer, the probationary period shall commence with
14 23 the date of initial employment as a police patrol officer and
14 24 shall continue for a period of up to nine months following the
14 25 date of successful completion of training at the Iowa law
14 26 enforcement academy or another training facility certified by
14 27 the director of the Iowa law enforcement academy. A police
14 28 patrol officer transferring employment from one jurisdiction
14 29 to another shall be employed subject to a probationary period
14 30 of up to nine months. However, in cities with a population
14 31 over one hundred seventy=five thousand, appointments to the
14 32 position of fire fighter shall be conditional upon a probation
14 33 period of not to exceed twenty=four months. During the
14 34 probation period, the appointee may be removed or discharged
14 35 from such position by the appointing person or body without
15 1 the right of appeal to the commission. A person removed or
15 2 discharged during a probationary period shall, at the time of
15 3 discharge, be given a notice in writing stating the reason or
15 4 reasons for the dismissal. A copy of such notice shall be
15 5 promptly filed with the commission. Continuance in the
15 6 position after the expiration of such probationary period
15 7 shall constitute a permanent appointment.
15 8 Sec. 38. Section 462A.2, subsection 26, paragraph e, Code
15 9 2003, is amended to read as follows:
15 10 e. Any other certified law enforcement officer as defined
15 11 in section 80B.3, who has satisfactorily completed an approved
15 12 course relating to operating while intoxicated, either at the
15 13 Iowa law enforcement academy or in a law enforcement training
15 14 program approved by the department of public safety.
15 15 Sec. 39. Section 694.10, subsection 2, paragraph c, Code
15 16 2003, is amended to read as follows:
15 17 c. Provide specialized training to law enforcement
15 18 officers, in conjunction with the law enforcement academy, to
15 19 enable the officers to more efficiently handle the tracking of
15 20 missing persons and unidentified bodies on the local level.
15 21 Sec. 40. Section 805.1, subsection 3, paragraph a, Code
15 22 2003, is amended to read as follows:
15 23 a. State and local law enforcement agencies in the state
15 24 of Iowa may cooperate to formulate uniform guidelines that
15 25 will provide for the maximum possible use of citations in lieu
15 26 of arrest and in lieu of continued custody for offenses for
15 27 which citations are authorized. These guidelines shall be
15 28 submitted to the Iowa law enforcement academy council for
15 29 review. The Iowa law enforcement academy council shall then
15 30 submit recommendations to the general assembly no later than
15 31 January 1, 1984.
15 32 Sec. 41. Sections 80B.4 and 80B.5, Code 2003, are
15 33 repealed.
15 34 Sec. 42. Section 80B.11B, Code Supplement 2003, is
15 35 repealed.
16 1 EXPLANATION
16 2 This bill eliminates the Iowa law enforcement academy. The
16 3 Iowa law enforcement council is retained, and is housed and
16 4 supported by the Iowa department of public safety. The
16 5 council will act in a manner similar to that of a licensing
16 6 board, certifying officers, and imposing discipline as
16 7 required. Training will be approved by the council but will
16 8 be provided by regional academies, area community colleges,
16 9 and other educational institutions.
16 10 LSB 5153HH 80
16 11 jr/sh/8