Senate File 296 - Introduced
SENATE FILE
BY DEARDEN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the rights of a peace officer during an
2 investigation of that officer.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2532SS 81
5 jm/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 80F.1 PEACE OFFICER RIGHTS
1 2 DURING AN INVESTIGATION OF THE OFFICER.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Complaint" means a formal written complaint signed by
1 6 a complainant detailing the complainant's allegation against a
1 7 peace officer or a description of an incident involving a
1 8 peace officer.
1 9 b. "Formal investigation" means an investigative process
1 10 ordered by a commanding officer to determine the merits of a
1 11 complaint, if the complaint may lead to filing criminal
1 12 charges, dismissal of a peace officer from the officer's
1 13 duties, suspension of a peace officer's duties, or any other
1 14 disciplinary action against a peace officer.
1 15 c. "Informal inquiry" means a meeting by supervisory or
1 16 command personnel over a peace officer who is the subject of
1 17 the complaint to determine if a formal investigation should be
1 18 commenced.
1 19 d. "Interrogation" means the questioning of a peace
1 20 officer through a formal investigative process. The term does
1 21 not include questioning which is part of an informal inquiry
1 22 where no disciplinary action will be taken.
1 23 e. "Peace officer" means a correctional officer, jailer as
1 24 defined in section 708.3A, or a peace officer as defined in
1 25 section 801.4.
1 26 f. "Statement" means a peace officer's formal written
1 27 response to a complaint.
1 28 2. Upon submission of a complaint against or involving a
1 29 peace officer, the peace officer shall be given a copy of the
1 30 complaint. A peace officer is not required to submit a
1 31 statement responding to allegations against or involving the
1 32 peace officer until a complaint has been submitted in
1 33 accordance with this section.
1 34 3. A peace officer shall not be required to submit to a
1 35 polygraph examination during a formal investigation or
2 1 informal inquiry. A peace officer shall not be disciplined
2 2 for refusing to submit to such a test, and notes or records
2 3 shall not be kept or entered anywhere of a peace officer's
2 4 refusal to submit to a polygraph examination. Such a refusal
2 5 shall not be admissible at any subsequent hearing, trial, or
2 6 judicial or administrative proceeding.
2 7 4. The locker or storage area assigned to a peace officer
2 8 shall not be searched without the consent of the officer
2 9 unless a search warrant has been issued to search the locker
2 10 or storage area.
2 11 5. A peace officer who is the subject of a formal
2 12 investigation or informal inquiry has the right to have an
2 13 attorney of the peace officer's choosing present during the
2 14 investigative process. The peace officer shall be notified of
2 15 any meeting or interrogation regarding the complaint at least
2 16 seventy=two hours prior to any such meeting or interrogation.
2 17 The peace officer shall also be notified at least seventy=two
2 18 hours prior to such meeting or interrogation of any applicable
2 19 rules or regulations relating to the meeting or interrogation,
2 20 or laws allegedly violated.
2 21 6. A peace officer who is the subject of a formal
2 22 investigation or informal inquiry shall not be threatened or
2 23 subjected to offensive language in any manner.
2 24 7. An interrogation may be recorded by mechanized means by
2 25 the peace officer or the investigator or both. The peace
2 26 officer's refusal to be interrogated may also be recorded. A
2 27 copy of any recording shall be provided to the peace officer
2 28 within twenty=four hours of any written request for a copy.
2 29 8. Upon written request, a peace officer shall also be
2 30 given copies of witness statements and the investigating
2 31 agency's investigative report.
2 32 9. Any interrogation shall be conducted at the
2 33 investigating agency's facility or at a place and time of
2 34 mutual agreement with the peace officer being interrogated.
2 35 10. The peace officer being interrogated shall be
3 1 interrogated while not on duty and shall be compensated as if
3 2 on overtime status.
3 3 11. A peace officer's photograph shall not be released to
3 4 the public by the peace officer's agency or governmental
3 5 entity prior to obtaining the peace officer's written
3 6 permission.
3 7 12. A peace officer shall not be discharged, threatened
3 8 with discharge, or disciplined for exercising the peace
3 9 officer's rights enumerated in this section.
3 10 13. The rights enumerated in this section are in addition
3 11 to rights and privileges established under any collective
3 12 bargaining agreement or applicable law.
3 13 14. If a peace officer's superior officer or the
3 14 investigative agency violates any terms of this section while
3 15 conducting a formal investigation, the peace officer shall not
3 16 be discharged or otherwise disciplined and any information
3 17 obtained by the investigative agency shall be excluded from
3 18 evidence in any subsequent hearing, trial, or judicial or
3 19 administrative proceeding.
3 20 EXPLANATION
3 21 This bill relates to the rights of a peace officer during
3 22 an investigation of that officer.
3 23 The bill provides that a peace officer shall be provided
3 24 with a written summary of any complaint submitted against the
3 25 officer. The bill provides that a peace officer is not
3 26 required to submit to a polygraph examination during an
3 27 investigation of the officer's conduct. Under the bill, the
3 28 officer shall not be disciplined if the officer refuses to
3 29 submit to a polygraph examination, and such refusal shall not
3 30 be admissible in any subsequent hearing or trial.
3 31 Under the bill, the locker or storage area of an officer
3 32 shall not be searched without the officer's consent unless a
3 33 search warrant has been issued to search such an area.
3 34 The officer who is subject to an investigation shall have
3 35 the right to an attorney during the investigative process, and
4 1 shall be notified at least 72 hours prior to any
4 2 interrogation. The officer shall also be notified of the
4 3 rules applicable to any interrogation of the officer and of
4 4 any laws allegedly violated by the officer.
4 5 Under the bill, the interrogation may also be recorded.
4 6 The bill also provides the officer shall be provided any
4 7 witness statements and the investigative agency's report upon
4 8 written request by the officer. Any interrogation shall be
4 9 conducted at the investigative agency's facility or at a
4 10 mutually agreed upon time and location. The officer shall be
4 11 interrogated while off duty and shall be entitled to overtime
4 12 pay during the interrogation.
4 13 The bill also prohibits the release of the photograph of an
4 14 officer unless the officer consents to the photograph being
4 15 released.
4 16 An officer shall not be discharged or disciplined for
4 17 exercising the officer's rights enumerated under the bill.
4 18 If a superior officer or the investigative agency violates
4 19 the terms of the bill, any information obtained by the
4 20 investigation shall be excluded from any subsequent hearing or
4 21 trial.
4 22 LSB 2532SS 81
4 23 jm:rj/gg/14