Senate File 2188 - Introduced SENATE FILE 2188 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3075) A BILL FOR An Act relating to serving a subpoena on a peace officer or 1 correctional officer. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5093SV (3) 85 jm/rj
S.F. 2188 Section 1. NEW SECTION . 622.78A Serving a subpoena on a 1 peace officer or correctional officer. 2 A subpoena may be served at the principal place of employment 3 of a correctional officer or peace officer, as defined in 4 section 801.4, if the subpoena is related to the performance 5 of any act which is within the scope of the lawful duty or 6 authority of the officer. A court shall not hold a peace 7 officer or correctional officer in contempt for failure to 8 obey the subpoena if the officer did not actually receive the 9 subpoena or have actual knowledge of the subpoena, but may 10 order other proper punishment as the court determines to be 11 just under the circumstances. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to serving a subpoena on a peace officer 16 or correctional officer. 17 The bill provides that a subpoena may be served at 18 the principal place of employment of a peace officer or 19 correctional officer if the subpoena is related to the 20 performance of any act which is within the scope of the 21 employment of that officer. 22 The bill specifies that the court shall not hold a peace 23 officer or correctional officer in contempt for failure to 24 obey the subpoena if the officer did not actually receive 25 the subpoena or have actual knowledge of the subpoena, but 26 does permit the court to order other punishment as the court 27 determines to be just under the circumstances. 28 -1- LSB 5093SV (3) 85 jm/rj 1/ 1