S.F. 2416 DIVISION I 1 PROSECUTION BY ATTORNEY GENERAL 2 Section 1. NEW SECTION . 13.12 Prosecution of criminal 3 offenses committed by law enforcement officers. 4 The attorney general may prosecute a criminal offense 5 committed by a law enforcement officer, as defined in section 6 80B.3, arising from the actions of the officer resulting in the 7 death of another, regardless of whether the county attorney 8 requests the assistance of the attorney general or decides 9 to independently prosecute the criminal offense committed by 10 the officer. If the attorney general determines that criminal 11 charges are not appropriate, the attorney general may refer the 12 matter to the Iowa law enforcement academy council to recommend 13 revocation or suspension of the officer’s certification if 14 the attorney general determines that the officer committed 15 misconduct that would be grounds for revocation or suspension 16 of a certification under chapter 80B or 80D, or rules adopted 17 pursuant to those chapters. 18 DIVISION II 19 USE OF CHOKEHOLDS BY PEACE OFFICERS 20 Sec. 2. Section 804.8, Code 2020, is amended to read as 21 follows: 22 804.8 Use of force by peace officer making an arrest. 23 1. A peace officer, while making a lawful arrest, is 24 justified in the use of any force which the peace officer 25 reasonably believes to be necessary to effect the arrest or to 26 defend any person from bodily harm while making the arrest. 27 However, the use of deadly force or a chokehold is only 28 justified when a person cannot be captured any other way and 29 either of the following apply: 30 a. The person has used or threatened to use deadly force in 31 committing a felony. 32 b. The peace officer reasonably believes the person 33 would use deadly force against any person unless immediately 34 apprehended. 35 -1- LSB 6421XS (2) 88 as/rh 1/ 11

S.F. 2416 2. A peace officer making an arrest pursuant to an invalid 1 warrant is justified in the use of any force which the peace 2 officer would be justified in using if the warrant were valid, 3 unless the peace officer knows that the warrant is invalid. 4 3. For purposes of this section, “chokehold” means the 5 intentional and prolonged application of force to the throat 6 or windpipe that prevents or hinders breathing or reduces the 7 intake of air. 8 DIVISION III 9 CERTIFICATIONS —— OTHER STATES —— REVOCATION OR SUSPENSION 10 Sec. 3. Section 80B.3, Code 2020, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4. “Reserve peace officer” means the same 13 as defined in section 80D.1A. 14 Sec. 4. NEW SECTION . 80B.11F Previous certification in 15 other states. 16 1. For purposes of this section, “serious misconduct” means 17 improper or illegal actions taken by a law enforcement officer 18 in connection with the officer’s official duties including 19 but not limited to a conviction for a felony, fabrication of 20 evidence, repeated use of excessive force, acceptance of a 21 bribe, or the commission of fraud. 22 2. The council may adopt rules pursuant to chapter 17A to 23 establish a process for the certification through examination 24 of law enforcement officers who have been certified in another 25 state. 26 3. Before beginning employment with an employing agency in 27 this state, a law enforcement officer who has been certified 28 in another state must submit a preliminary application 29 for certification through examination to the council. The 30 application shall be under oath and shall require the applicant 31 to provide any information determined to be necessary by the 32 council, including but not limited to an attestation by the 33 applicant to any of the following: 34 a. Whether the applicant’s certification as a law 35 -2- LSB 6421XS (2) 88 as/rh 2/ 11

S.F. 2416 enforcement officer has been revoked or suspended in another 1 state. 2 b. Whether the applicant has pled guilty to or been 3 convicted of a felony. 4 c. Whether the applicant has been discharged for serious 5 misconduct from employment as a law enforcement officer. 6 d. Whether the applicant left, voluntarily quit, or has been 7 laid off when the applicant knew or believed that disciplinary 8 investigation or action was imminent or pending which could 9 have resulted in the applicant being discharged for serious 10 misconduct. 11 4. The council shall deny a preliminary application upon a 12 finding that the applicant has done any of the following: 13 a. Been revoked as a certified law enforcement officer in 14 another state. 15 b. Pled guilty to or been convicted of a felony. 16 c. Been discharged for serious misconduct from employment 17 as a law enforcement officer. 18 d. Left, voluntarily quit, or been laid off when 19 disciplinary investigation or action was imminent or pending 20 which could have resulted in the applicant being discharged 21 for serious misconduct, if the council determines that the 22 applicant engaged in serious misconduct. 23 5. If the council denies a preliminary application for 24 certification through examination, the applicant shall be 25 prohibited from continued employment as a law enforcement 26 officer in this state. 27 Sec. 5. Section 80B.13, subsections 8 and 9, Code 2020, are 28 amended to read as follows: 29 8. a. Revoke or suspend a law enforcement officer’s or 30 reserve peace officer’s certification for the conviction of 31 a felony or revoke or suspend a law enforcement officer’s 32 certification for a violation of rules adopted pursuant to 33 section 80B.11, subsection 1 , paragraph “h” pursuant to section 34 80B.13A . In addition the council may consider revocation or 35 -3- LSB 6421XS (2) 88 as/rh 3/ 11

S.F. 2416 suspension proceedings when an employing agency recommends to 1 the council that revocation or suspension would be appropriate 2 with regard to a current or former employee. If a law 3 enforcement officer resigns, the employing agency shall notify 4 the council that an officer has resigned and state the reason 5 for the resignation if a substantial likelihood exists that 6 the reason would result in the revocation or suspension of an 7 officer’s certification for a violation of the rules. 8 b. A recommendation by an employing agency must be in 9 writing and set forth the reasons why the action is being 10 recommended, the findings of the employing agency concerning 11 the matter, the action taken by the employing agency, and that 12 the action by the agency is final. “Final” , as used in this 13 section , means that all appeals through a grievance procedure 14 available to the officer or civil service have been exhausted. 15 The written recommendations shall be unavailable for inspection 16 by anyone except personnel of the employing agency, the council 17 and the affected law enforcement officer, or as ordered by a 18 reviewing court. 19 c. The council shall establish a process for the protest 20 and appeal of a revocation or suspension made pursuant to this 21 subsection . 22 9. In accordance with chapter 17A , conduct investigations, 23 hold hearings, appoint hearing examiners administrative law 24 judges , administer oaths , and issue subpoenas enforceable 25 in district court on matters relating to the revocation or 26 suspension of a law enforcement officer’s certification. 27 Sec. 6. NEW SECTION . 80B.13A Revocation or suspension of 28 certification. 29 1. For purposes of this section: 30 a. “Final” means that all appeals through a grievance 31 procedure available to the officer or civil service have been 32 exhausted. 33 b. “Serious misconduct” means improper or illegal actions 34 taken by a law enforcement officer or reserve peace officer in 35 -4- LSB 6421XS (2) 88 as/rh 4/ 11

S.F. 2416 connection with the officer’s official duties including but not 1 limited to a conviction for a felony, fabrication of evidence, 2 repeated use of excessive force, acceptance of a bribe, or the 3 commission of fraud. 4 2. The council shall revoke the certification of a law 5 enforcement officer or reserve peace officer upon a finding 6 that the law enforcement officer or reserve peace officer has 7 done any of the following: 8 a. Pled guilty to or been convicted of a felony. 9 b. Been discharged for serious misconduct from employment 10 as a law enforcement officer or from appointment as a reserve 11 peace officer, as applicable. 12 c. Left, voluntarily quit, or been laid off when 13 disciplinary investigation or action was imminent or pending 14 which could have resulted in the law enforcement officer being 15 discharged or the reserve peace officer being removed for 16 serious misconduct, if the council determines that the officer 17 engaged in serious misconduct. 18 3. The council may revoke or suspend the certification of a 19 law enforcement officer or reserve peace officer due to any of 20 the following: 21 a. For any other grounds authorized by rules adopted 22 pursuant to section 80B.11, subsection 1, paragraph “h” , or 23 section 80D.4A. 24 b. When an employing agency recommends to the council that 25 revocation or suspension would be appropriate with regard to a 26 current or former employee. A recommendation by an employing 27 agency must be in writing and set forth the reasons why the 28 action is being recommended, the findings of the employing 29 agency concerning the matter, the action taken by the employing 30 agency, and that the action by the agency is final. 31 c. When the attorney general recommends to the council 32 that revocation or suspension would be appropriate pursuant to 33 section 13.12. 34 4. An employing agency shall notify the council within ten 35 -5- LSB 6421XS (2) 88 as/rh 5/ 11

S.F. 2416 days of any termination of employment of a law enforcement 1 officer or appointment as a reserve peace officer. The 2 notification must state whether the law enforcement officer or 3 reserve peace officer was discharged or removed for serious 4 misconduct or whether the officer left, voluntarily quit, or 5 was laid off when disciplinary investigation or action was 6 imminent or pending which could have resulted in the officer 7 being discharged or removed for serious misconduct. Upon 8 request by the council, the employing agency shall provide 9 any additional information or documentation about the officer 10 including confidential records or information under section 11 22.7 or other applicable law to the council. 12 5. Any recommendation, notification, or other record or 13 information provided by an employing agency or the attorney 14 general pursuant to this section shall be confidential except 15 as required by rule or order of the council, an administrative 16 law judge, or a reviewing court. Any employing agency or 17 person who, acting reasonably and in good faith, files a 18 notification or recommendation, releases information, or 19 otherwise cooperates with an investigation under this section 20 is immune from any liability, civil or criminal, which might 21 otherwise be incurred or imposed for such action. 22 6. The council shall adopt rules pursuant to chapter 17A 23 establishing a process to challenge and appeal a revocation or 24 suspension made pursuant to this section. 25 Sec. 7. Section 80D.4A, Code 2020, is amended to read as 26 follows: 27 80D.4A Training and certification requirements —— revocation 28 or suspension of certification . 29 The director of the academy, subject to the approval 30 of the council, shall promulgate rules in accordance with 31 the provisions of this chapter and chapter 17A , giving due 32 consideration to varying factors and special requirements of 33 law enforcement agencies relative to the standardized training 34 and state certification of reserve peace officers. The rules 35 -6- LSB 6421XS (2) 88 as/rh 6/ 11

S.F. 2416 shall provide for grounds for revocation or suspension of a 1 reserve peace officer’s certification. 2 DIVISION IV 3 LAW ENFORCEMENT TRAINING —— DE-ESCALATION TECHNIQUES AND 4 PREVENTION OF BIAS 5 Sec. 8. NEW SECTION . 80B.11G Annual training —— 6 de-escalation techniques and prevention of bias. 7 1. A law enforcement agency shall provide annual training 8 to every law enforcement officer on issues relating to 9 de-escalation techniques and the prevention of bias. Every law 10 enforcement officer in the state must participate in annual 11 training in accordance with this section. 12 2. The academy shall develop and disseminate training 13 guidelines for all law enforcement officers consistent with 14 best practice guidelines. 15 3. Every law enforcement officer shall adhere to the 16 training guidelines developed by the academy pursuant to this 17 section. The training guidelines shall include all of the 18 following: 19 a. An emphasis on law enforcement officer understanding 20 and respect for diverse communities and the importance of 21 effective, noncombative methods of carrying out law enforcement 22 activities in a diverse community. 23 b. Instruction on diverse communities in order to foster 24 mutual respect and cooperation between law enforcement and 25 members of all diverse communities. 26 c. An examination of the patterns, practices, and protocols 27 that cause biased law enforcement actions, and the tools to 28 prevent such actions. 29 d. An examination and identification of key indices and 30 perspectives that make up differences among residents in a 31 local community. 32 e. Instruction on implicit bias and consideration of the 33 negative impact of bias, whether intentional or implicit, 34 on effective law enforcement, including examination of how 35 -7- LSB 6421XS (2) 88 as/rh 7/ 11

S.F. 2416 historical perceptions of profiling have harmed community 1 relations. 2 f. Instruction on the perspectives of diverse local 3 constituency groups from experts on particular cultural and law 4 enforcement-community relations issues in a local area. 5 g. A presentation of the history and the role of the civil 6 rights movement and the impact on law enforcement. 7 h. Instruction on de-escalation techniques, including verbal 8 and physical tactics to minimize the need for the use of force 9 and nonlethal methods of applying force. 10 4. In developing the training guidelines, the academy shall 11 consult with the Iowa civil rights commission, groups and 12 individuals having an interest and expertise in the field of 13 cultural awareness and diversity, and advocacy organizations 14 with an interest and expertise in the field of biased law 15 enforcement actions. The academy shall also consult with local 16 law enforcement agencies to consider challenges and barriers to 17 providing training under the guidelines and methods to ease the 18 burden on such agencies. 19 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3, 20 shall not apply to this division of this Act. 21 DIVISION V 22 EFFECTIVE DATE AND APPLICABILITY 23 Sec. 10. EFFECTIVE UPON ENACTMENT. Unless otherwise 24 provided, this Act, if approved by the governor on or after 25 July 1, 2020, takes effect upon enactment. 26 Sec. 11. RETROACTIVE APPLICABILITY. Unless otherwise 27 provided, this Act, if approved by the governor on or after 28 July 1, 2020, applies retroactively to July 1, 2020. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to peace officers, including the 33 certification, training, and prosecution of peace officers and 34 the use of chokeholds by peace officers. 35 -8- LSB 6421XS (2) 88 as/rh 8/ 11

S.F. 2416 PROSECUTION BY ATTORNEY GENERAL. The bill authorizes the 1 attorney general to prosecute a criminal offense committed by a 2 law enforcement officer arising from the actions of the officer 3 resulting in the death of another, regardless of whether the 4 county attorney requests the assistance of the attorney general 5 or decides to independently prosecute the criminal offense 6 committed by the officer. If the attorney general determines 7 that criminal charges are not appropriate, the bill authorizes 8 the attorney general to refer the matter to the Iowa law 9 enforcement academy council (council) to recommend revocation 10 or suspension of the officer’s certification. 11 USE OF CHOKEHOLDS BY PEACE OFFICERS. The bill provides 12 that the use of a chokehold, as defined in the bill, by a 13 peace officer while making an arrest is only justified when 14 the person being arrested has used or threatened to use 15 deadly force in committing a felony, or when the peace officer 16 reasonably believes the person would use deadly force against 17 any person unless immediately apprehended. These are the same 18 circumstances under which the use of deadly force by a peace 19 officer during an arrest is justified under current law. 20 CERTIFICATIONS —— OTHER STATES —— REVOCATION OR SUSPENSION. 21 The bill allows the council to appoint administrative law 22 judges. The bill sets forth the circumstances under which the 23 council is required to revoke a law enforcement officer’s or 24 reserve peace officer’s certification, and the circumstances 25 under which the council is authorized to revoke or suspend 26 an officer’s certification. The bill requires an employing 27 agency to notify the council within 10 days of any termination 28 of employment of a law enforcement officer or appointment as a 29 reserve peace officer. 30 The bill allows the council to adopt rules to establish 31 a process for the certification through examination of law 32 enforcement officers who have been certified in another state. 33 The bill requires that before beginning employment with an 34 employing agency in this state, a law enforcement officer who 35 -9- LSB 6421XS (2) 88 as/rh 9/ 11

S.F. 2416 has been certified in another state must submit, under oath, a 1 preliminary application for certification through examination 2 to the council which shall include but not be limited to an 3 attestation by the applicant to whether the applicant has 4 had the officer’s certification as a law enforcement officer 5 revoked or suspended in another state; has pled guilty to or 6 been convicted of a felony; has been discharged for serious 7 misconduct from employment as a law enforcement officer; 8 or has left, voluntarily quit, or been laid off when the 9 applicant knew or believed that disciplinary investigation 10 or action was imminent or pending which could have resulted 11 in the law enforcement officer being discharged for serious 12 misconduct. If the council denies the preliminary application 13 for certification through examination, the applicant shall 14 be prohibited from continued employment as a law enforcement 15 officer in this state. 16 LAW ENFORCEMENT TRAINING —— DE-ESCALATION TECHNIQUES AND 17 PREVENTION OF BIAS. The bill requires a law enforcement agency 18 to provide annual training to every law enforcement officer 19 employed by the law enforcement agency on issues relating to 20 de-escalation techniques and the prevention of bias. The 21 bill requires the Iowa law enforcement academy to develop and 22 disseminate training guidelines meeting certain requirements 23 set forth in the bill, in consultation with certain parties 24 including the Iowa civil rights commission. 25 The bill may include a state mandate as defined in Code 26 section 25B.3. The bill makes inapplicable Code section 25B.2, 27 subsection 3, which would relieve a political subdivision from 28 complying with a state mandate if funding for the cost of 29 the state mandate is not provided or specified. Therefore, 30 political subdivisions are required to comply with any state 31 mandate included in the bill. 32 EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. Unless 33 otherwise provided, the bill, if approved by the governor on 34 or after July 1, 2020, takes effect upon enactment and applies 35 -10- LSB 6421XS (2) 88 as/rh 10/ 11