SF 213 (LSB 1967XS (2) 85)

SENATE FILE 213

BY  SODDERS

A BILL FOR

An Act authorizing tribal governments to establish a force of reserve peace officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80D.1, Code 2013, is amended to read as follows:
   80D.1  Establishment of a force of reserve peace officers.
   1.  The governing body of a city, a county, the state of Iowa, or a judicial district department of correctional services may provide, either separately or collectively through a chapter 28E agreement, for the establishment of a force of reserve peace officers, and may limit the size of the reserve force. In the case of the state, the department of public safety shall act as the governing body.
   2.  The governing body of a tribal government may provide for the establishment of a force of reserve peace officers and may limit the size of the reserve force.
   3.  This chapter constitutes the only procedure for appointing reserve peace officers.
    Sec. 2.  NEW SECTION.  80D.6A  Status of reserve peace officers of a tribal government.
   Reserve peace officers of a tribal government shall serve as peace officers on the orders and at the discretion of the chief of the police force of the tribal government. While in the actual performance of official duties, reserve peace officers of a tribal government shall be vested with the same rights, privileges, obligations, and duties as any other peace officers of the tribal government.
    Sec. 3.  Section 80D.12, Code 2013, is amended to read as follows:
   80D.12  Benefits when injured.
   1.  Hospital and medical assistance and benefits as provided in chapter 85 shall be provided by the governing body to members of the reserve force who sustain injury in the course of performing official duties.
   2.  For reserve police officers of a tribal government, hospital and medical assistance and benefits shall be provided by the tribal government to members of the reserve force who sustain injury while performing official duties in the same manner as for a regular peace officer of the tribal government.
    Sec. 4.  Section 85.61, subsection 8, Code 2013, is amended to read as follows:
   8.  The words “reserve peace officer” shall mean a person defined as such by section 80D.1, subsection 1, who is not a full-time member of a paid law enforcement agency. A person performing such services shall not be classified as a casual employee.
EXPLANATION
   This bill authorizes a tribal government to establish a force of reserve peace officers.
   The bill authorizes the governing body of a tribal government to establish a force of reserve peace officers and to limit the size of the force.
   New Code section 80D.6A provides that reserve peace officers of a tribal government shall serve as peace officers at the discretion of the chief of the police force for the tribal government and shall be vested with the same authority as any other peace officer of the tribal government while in the performance of their duties.
   Code section 80D.12, concerning medical benefits for reserve peace officers, is amended to provide that reserve peace officers of a tribal government shall be provided medical benefits for injuries while performing their duties in the same manner as for regular peace officers of the tribal government.
   Code section 85.61 is amended to provide that a reserve peace officer for purposes of workers’ compensation does not include a reserve peace officer of a tribal government.