H.F. 698 Section 1. Section 80F.1, Code 2021, 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 This Act is repealed July 1, 2022. 16 Sec. 3. BRADY-GIGLIO LIST INTERIM COMMITTEE. 17 1. The legislative council is requested to establish a 18 Brady-Giglio list interim committee for the 2021 interim. The 19 purpose of the committee shall be to do all of the following: 20 a. Study the disclosure of information contained in officer 21 personnel files as such information relates to a Brady-Giglio 22 list. 23 b. Study the efficiency of implementing a statewide system 24 for a Brady-Giglio list, identifying impartial entities to 25 conduct investigations pertaining to an officer’s acts or 26 omissions to act, and recommending the appropriate procedures, 27 due process protections, appeal rights, and criteria for the 28 placement and removal of an officer’s name on and from a 29 Brady-Giglio list. 30 c. Study any other issues that the committee determines 31 relevant to its objective. The committee may solicit the 32 advice or testimony of any organization or individual with 33 information or expertise relevant to the purpose of the 34 committee. 35 -1- LSB 2032HV (3) 89 as/rh 1/ 4

H.F. 698 2. The committee shall consist of three members of the 1 senate appointed by the majority leader of the senate, two 2 members of the senate appointed by the minority leader of the 3 senate, three members of the house of representatives appointed 4 by the speaker of the house of representatives, and two members 5 of the house of representatives appointed by the minority 6 leader of the house of representatives. Additional committee 7 members shall include the commissioner of the department of 8 public safety or the commissioner’s designee, a district court 9 judge appointed by the supreme court, and representatives from 10 all of the following: the Iowa county attorneys association, 11 the Iowa sheriffs and deputies association, the Iowa police 12 chiefs association, the Iowa state police association, the 13 Iowa peace officers association, the Iowa professional fire 14 fighters, the Iowa state troopers association, and the Iowa 15 state patrol supervisors association. The Iowa sheriffs and 16 deputies association member representative shall be an officer 17 who does not hold rank. 18 3. The committee shall elect a chairperson from the members 19 appointed. 20 4. The committee shall issue a report, including findings 21 and recommendations, to the governor and the general assembly 22 no later than December 16, 2021. 23 5. For the purposes of this section, “Brady-Giglio list” 24 means a list of officers maintained by the county attorney’s 25 office, including officers who may not have disclosed all 26 impeachment information and officers who may have violated the 27 pretrial discovery rule requiring officers to turn over all 28 evidence that might be used to exonerate a defendant. 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 officer disciplinary actions. 33 The bill amends Code chapter 80F, relating to the rights of 34 officers and public safety and emergency personnel. The bill 35 -2- LSB 2032HV (3) 89 as/rh 2/ 4

H.F. 698 prohibits an officer from being discharged, disciplined, or 1 threatened with discharge or discipline by a state, county, or 2 municipal law enforcement agency solely due to a prosecuting 3 attorney making a determination or disclosure that exculpatory 4 evidence exists concerning the officer. However, a law 5 enforcement agency may dismiss, suspend, demote, or take other 6 disciplinary action against an officer based on the underlying 7 actions that resulted in the exculpatory evidence being 8 withheld. The bill specifies that if a collective bargaining 9 agreement applies, the actions taken by the law enforcement 10 agency shall conform to the rules and procedures adopted by the 11 collective bargaining agreement. 12 Under Code section 80F.1, “officer” means a certified 13 law enforcement officer, fire fighter, emergency medical 14 technician, corrections officer, detention officer, jailer, 15 probation or parole officer, communications officer, or 16 any other law enforcement officer certified by the Iowa law 17 enforcement academy and employed by a municipality, county, or 18 state agency. 19 The bill establishes a legislative interim committee 20 to study the disclosure of officer personnel files as 21 such information relates to a Brady-Giglio list; study 22 the efficiency of implementing a statewide system for a 23 Brady-Giglio list identifying impartial entities to conduct 24 investigations pertaining to an officer’s acts or omissions 25 to act and recommending appropriate procedures, due process 26 protections, appeal rights, and criteria for the placement 27 and removal of an officer’s name on and from a Brady-Giglio 28 list; and study any other issues the committee determines to 29 be relevant to its objective. The committee may solicit the 30 advice or testimony of any organization or individual with 31 information or expertise relevant to its study. The bill 32 provides for the membership of the committee and requires 33 the committee to issue a report, including findings and 34 recommendations, to the governor and the general assembly no 35 -3- LSB 2032HV (3) 89 as/rh 3/ 4

H.F. 698 later than December 16, 2021. 1 The bill defines “Brady-Giglio list” as a list of officers 2 maintained by the county attorney’s office, including officers 3 who may not have disclosed all impeachment information and 4 officers who may have violated the pretrial discovery rule 5 requiring officers to turn over all evidence that might be used 6 to exonerate a defendant. 7 The bill is repealed on July 1, 2022. 8 -4- LSB 2032HV (3) 89 as/rh 4/ 4