House Study Bill 7 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON LYKAM)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the standardized training and state
  2    certification of reserve peace officers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1835HC 82
  5 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 80D.1A, Code 2007, is amended to read
  1  2 as follows:
  1  3    80D.1A  DEFINITIONS.
  1  4    As used in this chapter, unless the context otherwise
  1  5 requires:
  1  6    1.  "Academy" means the Iowa law enforcement academy.
  1  7    2.  "Council" means the Iowa law enforcement academy
  1  8 council.
  1  9    1.  3.  "Minimum training course" means a curriculum of one
  1 10 hundred fifty hours of training and instruction required for
  1 11 certification as a reserve peace officer, excluding weapons
  1 12 training basic training requirements developed by the academy
  1 13 pursuant to the academy's rulemaking authority that a reserve
  1 14 peace officer must complete within a prescribed time period to
  1 15 become state certified as a reserve peace officer.  The
  1 16 minimum training course does not include required weapons
  1 17 training.
  1 18    2.  4.  "Reserve force" means an organization of reserve
  1 19 peace officers established as provided in this chapter.
  1 20    3.  5.  "Reserve peace officer" means a volunteer,
  1 21 nonregular, sworn member of a law enforcement agency who
  1 22 serves with or without compensation, has regular police powers
  1 23 while functioning as a law enforcement agency's
  1 24 representative, and participates on a regular basis in the law
  1 25 enforcement agency's activities including crime prevention and
  1 26 control, preservation of the peace, and enforcement of law.
  1 27    Sec. 2.  Section 80D.3, Code 2007, is amended to read as
  1 28 follows:
  1 29    80D.3  TRAINING STANDARDS.
  1 30    1.  Each person appointed to serve as a reserve peace
  1 31 officer shall satisfactorily complete a minimum training
  1 32 course as provided in this section established by academy
  1 33 rules.  In addition, if a reserve peace officer is authorized
  1 34 to carry weapons, the officer shall satisfactorily complete
  1 35 the same training course in the use of weapons as is required
  2  1 for basic training of regular peace officers by the Iowa law
  2  2 enforcement academy.  The minimum training course for reserve
  2  3 peace officers must shall be satisfactorily completed within
  2  4 four years from the date of appointment the time period
  2  5 prescribed by academy rules.  If reserve Academy=approved
  2  6 reserve peace officer training received before July 1, 1990,
  2  7 meets the requirements of this section, the training 2007, may
  2  8 be applied to meet the minimum training course requirements of
  2  9 this section established by academy rules.
  2 10    2.  A reserve peace officer who does not carry a weapon
  2 11 shall not be required to complete a weapons training course,
  2 12 but the officer shall comply with all other training
  2 13 requirements.
  2 14    3.  A person appointed to serve as a reserve peace officer,
  2 15 who has received basic training as a peace officer and has
  2 16 been certified by the Iowa law enforcement academy pursuant to
  2 17 chapter 80B and rules adopted pursuant to chapter 80B, may be
  2 18 exempted from completing the minimum training course at the
  2 19 discretion of the appointing authority. if the officer meets
  2 20 one of the following qualifications:
  2 21    a.  The appointee is serving as a regular peace officer
  2 22 with a bona fide law enforcement agency when the application
  2 23 for a reserve peace officer appointment is made.
  2 24    b.  The appointee has served as a regular peace officer
  2 25 with a bona fide law enforcement agency within three years of
  2 26 the date of application for appointment as a reserve peace
  2 27 officer.  However, such a person appointed to serve as a
  2 28 reserve peace officer shall meet mandatory in=service training
  2 29 requirements established by academy rules if the person has
  2 30 not served as an active peace officer within one hundred
  2 31 eighty days of appointment as a reserve peace officer.
  2 32    4.  The minimum training course required for a reserve
  2 33 peace officer shall be conducted pursuant to sections 80D.4
  2 34 and 80D.7, and the following training schedule:.
  2 35    a.  During the first year, thirty hours of general law
  3  1 enforcement training is required as provided in section 80D.4
  3  2 and as prescribed by the Iowa law enforcement academy council.
  3  3 If weapons are to be carried, a reserve peace officer shall
  3  4 complete a weapons training course having the same number of
  3  5 hours of training as is required of regular peace officers in
  3  6 basic training pursuant to section 80D.7.
  3  7    b.  During the second through the fourth year, forty hours
  3  8 of training shall be provided each year.  Ten hours annually
  3  9 shall be obtained by each reserve peace officer working with a
  3 10 regular peace officer.  The remaining thirty hours annually
  3 11 shall be selected by the appointing authority from the
  3 12 approved basic training curriculum established by the Iowa law
  3 13 enforcement academy for use in training regular peace
  3 14 officers.
  3 15    c.  Notwithstanding the time schedule provided in this
  3 16 subsection, a A person is eligible for state certification as
  3 17 a reserve peace officer upon satisfactory completion of the
  3 18 one hundred fifty hours of training required for certification
  3 19 and testing requirements specified by academy rules.  A
  3 20 reserve peace officer enrolled in an academy=approved minimum
  3 21 course of training prior to July 1, 2007, shall obtain state
  3 22 certification by July 1, 2012.
  3 23    Sec. 3.  Section 80D.4, Code 2007, is amended to read as
  3 24 follows:
  3 25    80D.4  TRAINING.
  3 26    Training for individuals appointed as reserve peace
  3 27 officers shall be provided by that law enforcement agency, but
  3 28 may be obtained academy=certified instructors in a community
  3 29 college or other facility, including a law enforcement agency,
  3 30 selected by the individual and approved by the law enforcement
  3 31 agency and the academy.  Upon satisfactory completion of
  3 32 training required by the Iowa law enforcement academy, the
  3 33 chief of police, sheriff, commissioner of public safety, or
  3 34 director of the judicial district department of correctional
  3 35 services academy shall certify the individual as a reserve
  4  1 peace officer.
  4  2    Sec. 4.  NEW SECTION.  80D.4A  TRAINING AND CERTIFICATION
  4  3 REQUIREMENTS.
  4  4    The director of the academy, subject to the approval of the
  4  5 council, shall promulgate rules in accordance with the
  4  6 provisions of this chapter and chapter 17A, giving due
  4  7 consideration to varying factors and special requirements of
  4  8 law enforcement agencies relative to the standardized training
  4  9 and state certification of reserve peace officers.
  4 10                           EXPLANATION
  4 11    This bill relates to standardized training and
  4 12 certification standards for reserve peace officers in Iowa.
  4 13    The bill provides that a standardized training and state
  4 14 certification for reserve peace officers shall be established
  4 15 by the Iowa law enforcement academy pursuant to the academy's
  4 16 rulemaking authority.  The bill provides that the director of
  4 17 the academy, subject to the approval of the council, shall
  4 18 promulgate such rules, giving due consideration to varying
  4 19 factors and special requirements of law enforcement agencies
  4 20 relative to the standardized training and state certification
  4 21 of reserve peace officers.  Current law allows a law
  4 22 enforcement agency to which a reserve peace officer has been
  4 23 appointed to provide reserve peace officer training, and
  4 24 provides that a person may be certified as a reserve peace
  4 25 officer by the academy, chief of police, sheriff, commissioner
  4 26 of public safety, or director of the judicial district
  4 27 department of correctional services.
  4 28    The bill further specifies that academy=approved reserve
  4 29 officer training received prior to July 1, 2007, may be
  4 30 applied to meet the minimum training requirements established
  4 31 by academy rules and that a peace officer is eligible for
  4 32 state certification as a reserve peace officer upon
  4 33 satisfactory completion of the requirements specified by
  4 34 academy rules.  A reserve peace officer appointed after July
  4 35 1, 2007, shall obtain state certification consistent with the
  5  1 provisions of the bill by July 1, 2012.
  5  2    The bill provides that a person appointed to serve as a
  5  3 reserve peace officer shall meet mandatory in=service training
  5  4 requirements established by academy rules if the person has
  5  5 not served as an active peace officer within 180 days of
  5  6 appointment as a reserve peace officer.
  5  7    The bill provides that reserve peace officer training shall
  5  8 be provided by an academy=certified instructor in a community
  5  9 college or other approved facility, including a law
  5 10 enforcement agency.
  5 11 LSB 1835HC 82
  5 12 rh:nh/gg/14