House Study Bill 149 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to indemnification of peace officers. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2237HC (2) 86 jh/rj

H.F. _____ Section 1. NEW SECTION . 80F.2 Indemnification of peace 1 officers. 2 1. For purposes of this section, “peace officer” means the 3 same as defined in section 801.4. 4 2. If a peace officer is prosecuted for a crime the 5 peace officer allegedly committed in the course of the peace 6 officer’s performance of duties as a peace officer and the 7 charge is dismissed or the peace officer is found not guilty, 8 the state or governmental unit employing the peace officer 9 shall indemnify the peace officer for economic loss the peace 10 officer sustained as a result of the prosecution, including 11 the payment of attorney fees and costs incurred during the 12 prosecution and during the enforcement of this section. 13 3. A peace officer may bring an action in district court 14 against the state or governmental unit employing the peace 15 officer to enforce the provisions of this section. 16 Sec. 2. REPEAL. Section 80.37, Code 2015, is repealed. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the indemnification of a peace officer 21 who is charged with a crime allegedly committed during the 22 performance of duties if the charges are dismissed or the peace 23 officer is found not guilty. 24 The bill defines “peace officer” as a sheriff and sheriff’s 25 regular deputy who is subject to mandated law enforcement 26 training, marshal and police officer of a city, peace officer 27 member of the department of public safety as defined in Code 28 chapter 80, parole officer acting pursuant to Code section 29 906.2, probation officer acting pursuant to Code sections 30 602.7202(4) and 907.2, peace officer employed by board of 31 regents institutions as set forth in Code section 262.13, 32 conservation officer as authorized by Code section 456A.13, 33 employee of the department of transportation designated as 34 a peace officer by resolution of the department under Code 35 -1- LSB 2237HC (2) 86 jh/rj 1/ 2

H.F. _____ section 321.477, employee of an aviation authority designated 1 as a peace officer by the authority under Code section 2 330A.8(16), and such person as may be otherwise so designated 3 by law. 4 The bill provides that if a peace officer is prosecuted for 5 a crime the peace officer allegedly committed in the course of 6 the peace officer’s performance of duties as a peace officer 7 and the charge is dismissed or the peace officer is found not 8 guilty, the state or governmental unit employing the peace 9 officer shall indemnify the peace officer for economic loss 10 the peace officer sustained as a result of the prosecution and 11 enforcement of the bill, including the payment of attorney fees 12 and costs. The bill further provides that a peace officer 13 may bring an action against the state or governmental unit 14 employing the peace officer to enforce the provisions of the 15 bill. 16 The bill repeals Code section 80.37. Code section 80.37 17 provides that a peace officer employed by the department of 18 public safety, who is charged with a crime based on an act 19 or omission within the scope of the officer’s lawful duty 20 and against whom the charges are dismissed or the officer 21 is acquitted, shall be reimbursed for costs incurred in 22 defending the charge if the court finds that the charge was 23 without probable cause, filed for malicious purposes, or was 24 unwarranted in consideration of the circumstances. 25 -2- LSB 2237HC (2) 86 jh/rj 2/ 2