House File 2559 - Introduced HOUSE FILE 2559 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 700) A BILL FOR An Act relating to officer disciplinary actions. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6359HV (2) 88 hf/rh
H.F. 2559 Section 1. Section 80F.1, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 20. a. An officer shall not be discharged, 3 disciplined, or threatened with discharge or discipline by a 4 state, county, or municipal law enforcement agency solely due 5 to a prosecuting attorney making a determination or disclosure 6 that exculpatory evidence exists concerning the officer. 7 b. This subsection does not prohibit a law enforcement 8 agency from dismissing, suspending, demoting, or taking other 9 disciplinary actions against an officer based on the underlying 10 actions that resulted in the exculpatory evidence being 11 withheld. If a collective bargaining agreement applies, the 12 actions taken by the law enforcement agency shall conform to 13 the rules and procedures adopted by the collective bargaining 14 agreement. 15 Sec. 2. FUTURE REPEAL. This Act is repealed July 1, 2021. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to officer disciplinary actions. 20 The bill amends Code chapter 80F, relating to the rights of 21 officers and public safety and emergency personnel. The bill 22 prohibits an officer from being discharged, disciplined, or 23 threatened with discharge or discipline by a state, county, or 24 municipal law enforcement agency solely due to a prosecuting 25 attorney making a determination or disclosure that exculpatory 26 evidence exists concerning the officer. However, a law 27 enforcement agency may dismiss, suspend, demote, or take other 28 disciplinary action against an officer based on the underlying 29 actions that resulted in the exculpatory evidence being 30 withheld. The bill specifies that if a collective bargaining 31 agreement applies, the actions taken by the law enforcement 32 agency shall conform to the rules and procedures adopted by the 33 collective bargaining agreement. 34 Under Code section 80F.1, “officer” means a certified 35 -1- LSB 6359HV (2) 88 hf/rh 1/ 2
H.F. 2559 law enforcement officer, fire fighter, emergency medical 1 technician, corrections officer, detention officer, jailer, 2 probation or parole officer, communications officer, or 3 any other law enforcement officer certified by the Iowa law 4 enforcement academy and employed by a municipality, county, or 5 state agency. 6 The bill is repealed on July 1, 2021. 7 -2- LSB 6359HV (2) 88 hf/rh 2/ 2