HF 2258 (LSB 5623YH (3) 85)

HOUSE FILE 2258

BY  HEARTSILL, ALONS, SHEETS, SHAW, SCHULTZ, and GASSMAN

A BILL FOR

An Act to prohibit state departments, agencies, and political subdivisions of this state and members of the Iowa national guard from assisting the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  PROHIBITED ENFORCEMENT —— NATIONAL DEFENSE AUTHORIZATION ACT.
   1.  Except as provided in subsection 2, and notwithstanding any provision of law to the contrary, a state department, agency, or political subdivision of this state or employee thereof acting in the employee’s official capacity, or a member of the Iowa national guard on official state duty shall not aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the federal National Defense Authorization Act for Fiscal Year 2012, if such aid would place that state agency, political subdivision, employee, or member of the Iowa national guard in violation of the Constitution of the United States, the Constitution of the State of Iowa, or any law of this state.
   2.  An official, agent, or employee of any state department, agency, or political subdivision of this state or a member of the Iowa national guard who acts in violation of this section is guilty of a class “D” felony.
   3.  This section shall not apply to participation by state or local law enforcement or the Iowa national guard in a joint task force, partnership, or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, or detaining any person pursuant to section 1021 of the federal National Defense Authorization Act for Fiscal Year 2012.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that except as otherwise provided in the bill and notwithstanding any provision of law to the contrary, a state department, agency, or political subdivision of this state or employee thereof acting in the employee’s official capacity, or a member of the Iowa national guard on official state duty shall not aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the federal National Defense Authorization Act for Fiscal Year 2012, if such aid would place that state agency, political subdivision, employee, or member of the Iowa national guard in violation of the United States constitution, the Iowa constitution, or any Iowa law. That section of the federal law pertains to detention of persons the federal government suspects are involved in terrorism.
   An official, agent, or employee of any state department, agency, or political subdivision of this state or a member of the Iowa national guard who acts in violation of this section is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill does not apply to participation by state or local law enforcement or the Iowa national guard in a joint task force, partnership, or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, or detaining any person pursuant to section 1021 of the federal National Defense Authorization Act for Fiscal Year 2012.