S.F. _____ Section 1. Section 80B.11, subsection 1, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . m. Minimum educational standards for 3 peace officers investigating officer-involved shootings or 4 officer-involved critical incidents. 5 Sec. 2. NEW SECTION . 80H.1 Peace officer-involved shootings 6 and officer-involved critical incidents —— investigations. 7 1. As used in this section, unless the context otherwise 8 requires: 9 a. “Department” means the department of public safety. 10 b. “Division” means the division of criminal investigation 11 of the department of public safety. 12 c. “Officer-involved critical incident” means any of the 13 following: 14 (1) The use of a dangerous weapon by an officer against a 15 person that causes injury to any person. 16 (2) A fatal injury to any person except the officer 17 resulting from the use of a motor vehicle by an officer. 18 (3) The death of a person who is in law enforcement 19 custody, but not including a death that is the result of 20 disease, natural causes, or conditions that have been medically 21 diagnosed prior to the person’s death. 22 (4) A fatal injury to a person resulting from the efforts 23 of an officer attempting to prevent a person’s escape from 24 custody, make an arrest, or otherwise gain physical control of 25 a person. 26 d. “Officer-involved shooting” means the discharge of a 27 firearm by an officer that results in serious bodily injury 28 or death of a person, including an accidental discharge of a 29 firearm. 30 e. “Peace officer” or “officer” means the same as defined 31 in section 801.4. 32 2. A chief of police, sheriff, or head of any law 33 enforcement agency shall report an officer-involved shooting 34 or officer-involved critical incident to the division within 35 -1- LSB 2342XC (4) 88 as/rh 1/ 6

S.F. _____ twenty-four hours of the incident. 1 3. The division may commence a criminal investigation 2 of an officer-involved shooting or officer-involved critical 3 incident in this state on its own initiative, or upon request 4 of the attorney general, a county attorney, a chief of police, 5 a sheriff, or the head of any other law enforcement agency. 6 4. The peace officer in charge of investigating an 7 officer-involved shooting or officer-involved critical incident 8 shall notify the attorney general and county attorney of the 9 investigation. 10 5. The peace officer in charge of investigating an 11 officer-involved shooting or officer-involved critical 12 incident may request that the officer who is the subject of an 13 officer-involved shooting or officer-involved critical incident 14 investigation submit to a voluntary interview as part of the 15 investigation. 16 6. The peace officer in charge of investigating an 17 officer-involved shooting or officer-involved critical 18 incident shall inform the officer who is the subject of the 19 investigation of the right to legal counsel, shall allow a 20 reasonable opportunity for the officer to secure legal counsel 21 in advance of an interview or interrogation, and shall inform 22 the officer of the officer’s right to remain silent. 23 7. Upon request, an officer who is the subject of an 24 investigation or the officer’s legal counsel shall have the 25 right to immediately receive, at no charge, a certified copy of 26 video and audio recordings, including any body camera video and 27 radio traffic recordings, to use in the officer’s defense. The 28 requested video and audio recordings shall be provided at least 29 forty-eight hours prior to an interview, interrogation, or 30 grand jury proceeding. The officer and officer’s legal counsel 31 shall not release any confidential video and audio recordings 32 to the public without the written consent of the lawful records 33 custodian or a court order authorizing the release. 34 8. The department shall keep the name of an officer involved 35 -2- LSB 2342XC (4) 88 as/rh 2/ 6

S.F. _____ in a shooting or a critical incident confidential until the 1 officer has been interviewed or interrogated as part of the 2 investigation, or until the officer or the officer’s legal 3 counsel declines a voluntary interview. The department and 4 the officer’s employing agency shall keep the home address and 5 personal contact information of the officer confidential. 6 9. The law enforcement agency employing an officer involved 7 in a shooting or a critical incident shall promptly offer 8 to the officer confidential peer support and confidential 9 counseling at no charge to the officer. 10 10. The department shall develop and maintain a searchable 11 database providing statistics and demographic information 12 for each officer-involved shooting and each officer-involved 13 critical incident reported each calendar year and shall update 14 the database at least quarterly. The commissioner of the 15 department shall post the database on the department’s internet 16 site. The department shall not report personally identifying 17 information of an officer involved in a shooting or a critical 18 incident or of any other person involved. 19 11. The Iowa law enforcement academy shall develop and 20 promulgate minimum educational standards for any peace officer 21 performing officer-involved shooting or officer-involved 22 critical incident investigations. An employing law enforcement 23 agency shall provide periodic training to a peace officer 24 performing officer-involved shooting or officer-involved 25 critical incident investigations and any supervisor who 26 may respond to a report of an officer-involved shooting or 27 officer-involved critical incident. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to officer-involved shootings and 32 officer-involved critical incidents. 33 The bill defines “officer-involved critical incident” as 34 any of the following: the use of a dangerous weapon by an 35 -3- LSB 2342XC (4) 88 as/rh 3/ 6

S.F. _____ officer against a person that causes injury to any person; a 1 fatal injury to any person except the officer resulting from 2 the use of a motor vehicle by an officer; the death of a person 3 who is in law enforcement custody, but not including a death 4 that is the result of disease, natural causes, or conditions 5 that have been medically diagnosed prior to the person’s death; 6 or a fatal injury to a person resulting from the efforts of an 7 officer attempting to prevent a person’s escape from custody, 8 make an arrest, or otherwise gain physical control of a person. 9 “Officer-involved shooting” is defined as the discharge of a 10 firearm by an officer that results in serious bodily injury 11 or death of a person, including an accidental discharge of a 12 firearm. 13 The bill provides that the chief of police, sheriff, or head 14 of any law enforcement agency shall report an officer-involved 15 shooting or officer-involved critical incident to the division 16 of criminal investigation of the department of public safety 17 (division) within 24 hours of the incident. The division 18 may commence an investigation on its own initiative, or upon 19 request by the attorney general, a county attorney, a chief of 20 police, a sheriff, or the head of any other law enforcement 21 agency. The peace officer in charge of investigating an 22 officer-involved shooting or officer-involved critical incident 23 shall notify the attorney general and county attorney of the 24 investigation, and may request that the officer who is the 25 subject of the investigation submit to a voluntary interview. 26 The officer who is the subject of the investigation shall be 27 informed of the right to legal counsel, shall be allowed a 28 reasonable opportunity to secure legal counsel in advance of an 29 interview or interrogation, and shall be informed of the right 30 to remain silent. 31 The bill provides that upon request, an officer who is the 32 subject of an investigation or the officer’s legal counsel 33 shall have the right to receive, at least 48 hours prior to 34 an interview, interrogation, or grand jury proceeding, at 35 -4- LSB 2342XC (4) 88 as/rh 4/ 6

S.F. _____ no charge, a certified copy of video and audio recordings, 1 including body camera video and radio traffic recordings, to 2 use in the officer’s defense. The officer and officer’s legal 3 counsel shall not release any confidential video and audio 4 recordings to the public without the written consent of the 5 lawful records custodian or a court order authorizing the 6 release. 7 The bill provides that the department of public safety 8 (department) shall keep the name of an officer involved in a 9 shooting or critical incident confidential until the officer 10 has been interviewed or interrogated as part of the criminal 11 investigation, or until the officer or the officer’s legal 12 counsel declines a voluntary interview. The department and 13 the officer’s employing agency shall keep the home address 14 and personal contact information of the officer confidential. 15 The law enforcement agency employing an officer involved in 16 a shooting or critical incident shall promptly offer to the 17 officer confidential peer support and confidential counseling 18 at no charge to the officer. 19 The bill provides that the department shall develop and 20 maintain a searchable database providing statistics and 21 demographic information for each officer-involved shooting and 22 each officer-involved critical incident reported each calendar 23 year and shall update the database at least quarterly, and the 24 commissioner of the department shall post the database on the 25 department’s internet site. The department shall not report 26 personally identifying information of an officer involved in a 27 shooting or critical incident or of any other person involved. 28 The Iowa law enforcement academy shall develop and promulgate 29 minimum educational standards for any peace officer performing 30 officer-involved shooting or officer-involved critical incident 31 investigations. An employing law enforcement agency shall 32 provide periodic training to a peace officer performing 33 officer-involved shootings or officer-involved critical 34 incident investigations and any supervisor who may respond to a 35 -5- LSB 2342XC (4) 88 as/rh 5/ 6