S.F. 214 Section 1. NEW SECTION . 815.15 Peace officer attorney fees 1 and costs —— reimbursement. 2 1. The employing agency of a peace officer shall reimburse 3 the reasonable attorney fees and necessary costs incurred by 4 the officer as a defendant in the defense of a criminal action 5 commenced against the officer in any court if the criminal 6 action arose out of the performance of the peace officer’s 7 official duties and if any of the following occur: 8 a. The criminal action is dismissed with prejudice. 9 b. The peace officer is found to be not guilty. A finding 10 of not guilty shall not include the entry of a plea of guilty or 11 nolo contendere or a finding of guilt by a court or jury to any 12 offense charged or to any lesser or included offense that is 13 substantially related to the offense charged. 14 2. For the purposes of this section: 15 a. “Peace officer” means the same as defined in section 16 801.4. 17 b. “Performance of the peace officer’s official duties” 18 means the peace officer’s actions were not acts of omission 19 or commission which constituted a material departure from the 20 employing agency’s written policies and procedures and occurred 21 under one or more of the following circumstances: 22 (1) In response to what the peace officer reasonably 23 believed was an emergency. 24 (2) The peace officer reasonably believed that the 25 officer’s actions were necessary to protect the officer or 26 others from imminent death or bodily harm. 27 (3) In the course of the peace officer’s fresh pursuit, 28 apprehension, or attempted apprehension of a suspect whom the 29 officer reasonably believed had perpetrated, or attempted to 30 perpetrate, a forcible felony as defined in section 702.11. 31 3. If reimbursement is required under subsection 1, the 32 amount of reasonable attorney fees and necessary costs shall be 33 determined as follows: 34 a. The peace officer shall submit an application for 35 -1- LSB 1928XS (4) 85 md/sc 1/ 3

S.F. 214 reimbursement of reasonable attorney fees and necessary 1 costs to the employing agency no later than thirty days after 2 conclusion of the criminal action. Within thirty days after 3 receiving the application, the employing agency and the peace 4 officer shall agree on reasonable attorney fees and necessary 5 costs to be reimbursed. The peace officer may only apply for 6 reasonable attorney fees and necessary costs incurred in the 7 actual defense of the prosecution of criminal charges, and the 8 officer is not entitled to seek or collect attorney fees and 9 necessary costs related to efforts to collect attorney fees and 10 necessary costs under this section. 11 b. The application for reasonable attorney fees and 12 necessary costs must include a statement from an attorney or 13 expert witness representing or appearing in behalf of the peace 14 officer itemizing the actual time expended and the rate at 15 which fees and other expenses were computed. 16 c. If the peace officer and the employing agency do not 17 reach an agreement or if reimbursement is not paid within 18 thirty days of reaching an agreement, the officer requesting 19 reimbursement may submit the application to the court having 20 jurisdiction over the criminal action within thirty days after 21 the conclusion of the criminal action, failure to reach an 22 agreement, or failure to timely reimburse the fees and costs, 23 whichever is later. The court shall retain jurisdiction of the 24 matter in order to determine entitlement to reimbursement and 25 the amount of reimbursement to be paid. 26 d. If the peace officer files an application for reasonable 27 attorney fees and necessary costs with the court, the employing 28 agency shall have the right to respond to the application. 29 The court shall make its determination as to entitlement and 30 amount of reasonable attorney fees and necessary costs based 31 on prevailing market rates in the appropriate market area for 32 defense of similar actions, as well as other relevant factors. 33 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 34 3, shall not apply to this Act. 35 -2- LSB 1928XS (4) 85 md/sc 2/ 3

S.F. 214 EXPLANATION 1 This bill enacts new Code section 815.15, which requires an 2 employing agency of a peace officer, as defined in the bill, 3 to reimburse the reasonable attorney fees and necessary costs 4 incurred by the officer as a defendant in the defense of a 5 criminal action commenced against the officer if the criminal 6 action arose out of the performance of the peace officer’s 7 official duties and either the criminal action is dismissed 8 with prejudice or the peace officer is found to be not guilty. 9 The bill defines “performance of the peace officer’s official 10 duties”. 11 If reimbursement is required under the bill, the peace 12 officer must submit an application for reimbursement no later 13 than 30 days after conclusion of the criminal action. Within 14 30 days after receiving the application, the employing agency 15 and the peace officer shall agree on reasonable attorney fees 16 and necessary costs to be reimbursed. If the peace officer 17 and the employing agency do not reach an agreement within that 18 time or if reimbursement is not paid within 30 days of reaching 19 an agreement, the officer requesting reimbursement of attorney 20 fees and necessary costs may submit the application to the 21 court having jurisdiction over the criminal action. The court 22 then makes its determination as to entitlement and amount of 23 reasonable attorney fees and necessary costs to be reimbursed 24 based on prevailing market rates in the appropriate market 25 area for defense of similar actions, as well as other relevant 26 factors. 27 The bill may include a state mandate as defined in Code 28 section 25B.3. The bill makes inapplicable Code section 25B.2, 29 subsection 3, which would relieve a political subdivision from 30 complying with a state mandate if funding for the cost of 31 the state mandate is not provided or specified. Therefore, 32 political subdivisions are required to comply with any state 33 mandate included in the bill. 34 -3- LSB 1928XS (4) 85 md/sc 3/ 3