House
File
2258
-
Introduced
HOUSE
FILE
2258
BY
HEARTSILL
,
ALONS
,
SHEETS
,
SHAW
,
SCHULTZ
,
and
GASSMAN
A
BILL
FOR
An
Act
to
prohibit
state
departments,
agencies,
and
political
1
subdivisions
of
this
state
and
members
of
the
Iowa
national
2
guard
from
assisting
the
armed
forces
of
the
United
States
3
in
the
investigation,
prosecution,
or
detainment
of
any
4
citizen
of
the
United
States
under
certain
circumstances
and
5
providing
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2258
Section
1.
PROHIBITED
ENFORCEMENT
——
NATIONAL
DEFENSE
1
AUTHORIZATION
ACT.
2
1.
Except
as
provided
in
subsection
2,
and
notwithstanding
3
any
provision
of
law
to
the
contrary,
a
state
department,
4
agency,
or
political
subdivision
of
this
state
or
employee
5
thereof
acting
in
the
employee’s
official
capacity,
or
a
member
6
of
the
Iowa
national
guard
on
official
state
duty
shall
not
7
aid
an
agency
of
the
armed
forces
of
the
United
States
in
any
8
investigation,
prosecution,
or
detention
of
any
person
pursuant
9
to
section
1021
of
the
federal
National
Defense
Authorization
10
Act
for
Fiscal
Year
2012,
if
such
aid
would
place
that
state
11
agency,
political
subdivision,
employee,
or
member
of
the
Iowa
12
national
guard
in
violation
of
the
Constitution
of
the
United
13
States,
the
Constitution
of
the
State
of
Iowa,
or
any
law
of
14
this
state.
15
2.
An
official,
agent,
or
employee
of
any
state
department,
16
agency,
or
political
subdivision
of
this
state
or
a
member
of
17
the
Iowa
national
guard
who
acts
in
violation
of
this
section
18
is
guilty
of
a
class
“D”
felony.
19
3.
This
section
shall
not
apply
to
participation
by
state
20
or
local
law
enforcement
or
the
Iowa
national
guard
in
a
21
joint
task
force,
partnership,
or
other
similar
cooperative
22
agreement
with
federal
law
enforcement
if
that
joint
task
23
force,
partnership,
or
similar
cooperative
agreement
is
not
for
24
the
purpose
of
investigating,
prosecuting,
or
detaining
any
25
person
pursuant
to
section
1021
of
the
federal
National
Defense
26
Authorization
Act
for
Fiscal
Year
2012.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
provides
that
except
as
otherwise
provided
in
the
31
bill
and
notwithstanding
any
provision
of
law
to
the
contrary,
32
a
state
department,
agency,
or
political
subdivision
of
this
33
state
or
employee
thereof
acting
in
the
employee’s
official
34
capacity,
or
a
member
of
the
Iowa
national
guard
on
official
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H.F.
2258
state
duty
shall
not
aid
an
agency
of
the
armed
forces
of
the
1
United
States
in
any
investigation,
prosecution,
or
detention
2
of
any
person
pursuant
to
section
1021
of
the
federal
National
3
Defense
Authorization
Act
for
Fiscal
Year
2012,
if
such
aid
4
would
place
that
state
agency,
political
subdivision,
employee,
5
or
member
of
the
Iowa
national
guard
in
violation
of
the
6
United
States
constitution,
the
Iowa
constitution,
or
any
Iowa
7
law.
That
section
of
the
federal
law
pertains
to
detention
8
of
persons
the
federal
government
suspects
are
involved
in
9
terrorism.
10
An
official,
agent,
or
employee
of
any
state
department,
11
agency,
or
political
subdivision
of
this
state
or
a
member
12
of
the
Iowa
national
guard
who
acts
in
violation
of
this
13
section
is
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
14
is
punishable
by
confinement
for
no
more
than
five
years
and
a
15
fine
of
at
least
$750
but
not
more
than
$7,500.
16
The
bill
does
not
apply
to
participation
by
state
or
local
17
law
enforcement
or
the
Iowa
national
guard
in
a
joint
task
18
force,
partnership,
or
other
similar
cooperative
agreement
with
19
federal
law
enforcement
if
that
joint
task
force,
partnership,
20
or
similar
cooperative
agreement
is
not
for
the
purpose
of
21
investigating,
prosecuting,
or
detaining
any
person
pursuant
to
22
section
1021
of
the
federal
National
Defense
Authorization
Act
23
for
Fiscal
Year
2012.
24
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