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: 7 TLSB 5623YH (3) 85 rh/rj
H.F. 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 35 -1- LSB 5623YH (3) 85 rh/rj 1/ 2
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 -2- LSB 5623YH (3) 85 rh/rj 2/ 2