HF 791 (LSB 2760HV (2) 89)

HOUSE FILE 791

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 266)

A BILL FOR

An Act relating to public records including confidentiality, access, and the enforcement of public records violations, and uniform commercial code filings; certain employment matters including benefits, workers’ compensation, civil actions, and civil immunity; and law enforcement including law enforcement officer rights, eluding law enforcement, and carrying firearms; and providing penalties. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT

    Section 1.  Section 9E.1, Code 2021, is amended to read as follows:
   9E.1  Purpose.
   The general assembly finds that individuals attempting to escape from actual or threatened domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for data without disclosing the location of a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; and to enable program participants to use an address designated by the secretary of state as a substitute mailing address for the purposes specified in this chapter. In addition, the purpose of this chapter is to prevent such victims from being physically located through a public records search.
    Sec. 2.  Section 9E.2, subsection 6, paragraph a, Code 2021, is amended to read as follows:
   a.  “Eligible person” means a person who is all a resident of this state, an adult, a minor, or an incapacitated person as defined in section 633.701, and is one of the following:
   (1)  A resident of this state.
   (2)  An adult, a minor, or an incapacitated person as defined in section 633.701.
   (3)  A victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking as evidenced by the filing of a petition pursuant to section 236.3 or a criminal complaint or information pursuant to section 708.1, 708.2A, 708.11, or 710A.2, or any violation contained in chapter 709.
   (2)  A currently active or retired state or local judicial officer, as defined in section 4.1, or a spouse or child of such a person.
   (3)  A currently active or retired state or local prosecuting attorney, as defined in section 801.4, or a spouse or child of such a person.
   (4)  A currently active or retired peace officer, as defined in section 801.4, or a spouse or child of such a person.
    Sec. 3.  Section 9E.3, subsection 1, paragraph b, subparagraph (1), subparagraph division (a), Code 2021, is amended to read as follows:
   (a)  The eligible person listed on the application is a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
    Sec. 4.  Section 9E.3, subsection 1, paragraph e, Code 2021, is amended to read as follows:
   e.  The residential address of the eligible person, disclosure of which could lead to an increased risk of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
    Sec. 5.  Section 22.10, subsection 3, paragraph b, subparagraph (2), Code 2021, is amended to read as follows:
   (2)  Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with the requirements of this chapter.  For purposes of this subparagraph, “good reason to believe and in good faith believed” means the person engaged in a balancing test in weighing the individual privacy interest against the public’s need to access the record based upon a reasonable reliance on the facts.
DIVISION II
UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS

    Sec. 6.  Section 554.9516, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Fraudulent filings.
   a.  The filing office may refuse to accept a financing statement that it determines is not created pursuant to the uniform commercial code, or is otherwise intended for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with any person. The filing office may also refuse to accept a financing statement that names the same person as both debtor and secured party, describes collateral not within the scope of applicable law, or is being filed for a purpose other than a transaction within the scope of the uniform commercial code.
   b.  If the filing office becomes aware that a financing statement or other record was not created pursuant to the uniform commercial code, or was otherwise intended for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with any person, the filing office shall review the record and relevant circumstances and, if it determines that the record was wrongfully filed, the record shall be deemed void and ineffective; and the filing office shall remove the record from the index and communicate the foregoing to the person that presented the wrongfully filed record and to other persons, as appropriate.
DIVISION III
ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES

    Sec. 7.  NEW SECTION.  70A.23A  Credit for accrued sick leave —— public safety employees.
   A public safety employee, as defined by section 20.3, subsection 11, who retires and has applied for retirement benefits under an eligible retirement system, shall receive credit for all accumulated, unused sick leave which shall be converted at current value and credited to an account for the public safety employee for the purpose of paying the public safety employee’s cost of the monthly premiums for continuance of the public safety employee’s health insurance plan. Upon the death of a retired public safety employee, the spouse or surviving spouse shall be entitled to the value of the accumulated unused sick leave for the purpose of paying the cost of monthly premiums for continuation of a public safety employee’s health insurance policy for the public safety employee’s surviving spouse or dependents. This subsection shall not apply to sections 509A.13 and 509A.13A.
DIVISION IV
WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS

    Sec. 8.  Section 85.26, subsection 1, Code 2021, is amended to read as follows:
   1.  An original proceeding for benefits under this chapter or chapter 85A, 85B, or 86, shall not be maintained in any contested case unless the proceeding is commenced within two years from the date of the occurrence of the injury for which benefits are claimed or one year from the date a denial of liability is received by the employee, whichever is later, or, if weekly compensation benefits are paid under section 86.13, within three years from the date of the last payment of weekly compensation benefits. For the purposes of this section, “date of the occurrence of the injury” means the date that the employee knew or should have known that the injury was work-related.
    Sec. 9.  Section 97B.50A, subsection 5, Code 2021, is amended to read as follows:
   5.  Offset to allowance.
   a.  Notwithstanding any provisions to the contrary in state law, or any applicable contract or policy, any amounts which may be paid or payable by the employer under any workers’ compensation, unemployment compensation, employer-paid disability plan, program, or policy, or other law to a member, and any disability payments the member receives pursuant to the federal Social Security Act, 42 U.S.C. §423 et seq., shall be offset against and payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   b.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   c.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
DIVISION V
CIVIL SERVICE COMMISSION EXAMINATIONS

    Sec. 10.  Section 400.8, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish the guidelines for conducting the examinations under subsection 1 of this section. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations prepare and administer the examinations approved by the commission. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination.
    Sec. 11.  Section 400.9, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish guidelines for conducting the examinations under subsection 1. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations and if the examinations apply to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination. The names of persons approved to administer any examination under this section shall be posted in the city hall at least twenty-four hours prior to the examination.
DIVISION VI
STATE AND MUNICIPAL TORT CLAIMS

    Sec. 12.  Section 669.14, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of or enforcement of any law.
    Sec. 13.  Section 670.2, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  An employee is not personally liable for a claim based upon an act or omission of the person taken in execution or enforcement of any law except for acts or omissions which involve intentional misconduct or knowing violations of the law.
    Sec. 14.  Section 670.7, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The governing body of a municipality shall purchase and maintain insurance or join a local government risk pool pursuant to this section for claims for punitive damages in tort actions for wrongful death, excessive force, and arrest filed without probable cause against its law enforcement and public safety officers, employees, and volunteers, whether elected or appointed, arising out of an alleged act or omission occurring within the scope of such a person’s employment or duties. The governing body may purchase and maintain insurance or join a local government risk pool for claims for punitive damages against its law enforcement and public safety officers, employees, and persons who do not receive compensation for their services for other tort actions. This subsection does not waive a defense of governmental immunity to any claim or action brought against a law enforcement or public safety officer, employee, or a person who does not receive compensation for their services.
DIVISION VII
LAW ENFORCEMENT —— OFFICER RIGHTS —— ELUDING LAW ENFORCEMENT —— CARRYING FIREARMS

    Sec. 15.  Section 80F.1, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A formal administrative investigation, informal inquiry, or interview under this chapter shall not be conducted unless a complaint is filed within one hundred eighty days after the alleged action occurred.
    Sec. 16.  Section 80F.1, subsections 13 and 19, Code 2021, are amended to read as follows:
   13.  An officer shall have the right to pursue civil remedies under the law against a citizen arising from the filing of a false complaint against the officer In addition to any other remedies available, an officer shall have the right to pursue civil remedies under the law against any person, group of persons, employer, organization, or corporation for damages arising from the filing of a false complaint or any other violation of this chapter including but not limited to actual damages, court costs, and reasonable attorney fees.
   19.  If a formal administrative investigation results in removal, discharge, suspension, or disciplinary action against an officer, and the officer alleges in writing a violation of the provisions of this section, the municipality, county, or state agency employing the officer shall hold in abeyance for a period of ten days any punitive action taken as a result of the investigation, including a reprimand, until the conclusion of any appeal or grievance exercised by the officer. An allegation of a violation of this section may be raised and given due consideration in any properly authorized grievance or appeal exercised by an officer, including but not limited to a grievance or appeal exercised pursuant to the terms of an applicable collective bargaining agreement and an appeal right exercised under section 341A.12 or 400.20.
    Sec. 17.  Section 321.279, Code 2021, is amended to read as follows:
   321.279  Eluding or attempting to elude pursuing law enforcement vehicle.
   1.  a.  The driver of a motor vehicle commits a serious an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren. For purposes of this section, “peace officer” means those officers designated under section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
   b.  The driver of a motor vehicle who commits a second or subsequent violation under this subsection is, upon conviction, guilty of an aggravated misdemeanor a class “D” felony.
   2.  a.  The driver of a motor vehicle commits an aggravated misdemeanor a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more.
   b.  (1)  The driver of a motor vehicle who commits a violation under this subsection and who has previously committed a violation under this subsection or subsection 3, paragraph “a”, is, upon conviction, guilty of a class “D” “C” felony.
   (2)  The driver of a motor vehicle who commits a violation under this subsection and who has previously committed a violation under subsection 3, paragraph “b”, commits a class “B” felony.
   3.  a.  The driver of a motor vehicle commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section, and in doing so exceeds the speed limit by twenty-five miles per hour or more, and if any of the following occurs:
   (1)  The driver is participating in a public offense, as defined in section 702.13, that is a felony.
   (2)  The driver is in violation of section 321J.2.
   (3)  The driver is in violation of section 124.401.
   (4)  The offense results in bodily injury to a person other than the driver.
   b.  The driver of a motor vehicle commits a class “C” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a peace officer after being given a visual and audible signal as provided in this section, and in doing so the offense results in bodily injury to a person other than the driver.
   b.  c.  (1)  The driver of a motor vehicle who commits a second or subsequent violation under this subsection paragraph “a” is, upon conviction, guilty of a class “C” felony.
   (2)  The driver of a motor vehicle who commits a second or subsequent violation under paragraph “b” is, upon conviction, guilty of a class “B” felony.
   4.  Notwithstanding section 809.5 or any other provision of law to the contrary, a law enforcement agency may retain possession of a motor vehicle suspected to have been operated by a person in violation of this section until final disposition of any criminal proceeding related to the violation if the person was a registered owner of the vehicle at the time of the suspected violation.
    Sec. 18.  Section 707.6A, subsections 2 and 4, Code 2021, are amended to read as follows:
   2.  a.  A person commits a class “C” felony when the person unintentionally causes the death of another by any of the following means:
   a.  Driving driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.
   (1)  For the purposes of this paragraph “a”, a person’s use of a hand-held electronic communication device to write, send, or view an electronic message while driving a motor vehicle shall be considered prima facie evidence that the person was driving the motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.
   (2)  Subparagraph (1) shall not apply to any of the following:
   (a)  A member of a public safety agency, as defined in section 34.1, performing official duties.
   (b)  A health care professional in the course of an emergency situation.
   (c)  A person receiving safety-related information including emergency, traffic, or weather alerts.
   (3)  For the purposes of this paragraph “a”, the following definitions apply:
   (a)  “Electronic message” includes images visible on the screen of a hand-held electronic communication device including a text-based message, an instant message, a portion of electronic mail, an internet site, a social media application, or a game.
   (b)  “Hand-held electronic communication device” means a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message. “Hand-held electronic communication device” does not include a voice-operated or hands-free device which allows the user to write, send, or view an electronic message without the use of either hand except to activate or deactivate a feature or function. “Hand-held electronic communication device” does not include a wireless communication device used to transmit or receive data as part of a digital dispatch system. “Hand-held electronic communication device” includes a device which is temporarily mounted inside the motor vehicle, unless the device is a voice-operated or hands-free device.
   (c)  The terms “write”, “send”, and “view”, with respect to an electronic message, mean the manual entry, transmission, or retrieval of an electronic message, and include playing, browsing, or accessing an electronic message.
   b.  Eluding A person commits a class “B” felony when the person unintentionally causes the death of another by eluding or attempting to elude a pursuing law enforcement vehicle, in violation of section 321.279, if the death of the other person directly or indirectly results from the violation.
   4.  A person commits a class “D” felony when the person unintentionally causes a serious injury, as defined in section 702.18, by any of the means described in subsection 1 or 2, paragraph “a”.  A person commits a class “C” felony when the person unintentionally causes a serious injury by any means described in subsection 2, paragraph “b”. For purposes of this subsection, “serious injury” means as defined in section 702.18.
    Sec. 19.  NEW SECTION.  724.4D  Duty to carry firearm —— peace officers.
   A peace officer shall carry a firearm at all times while engaged in the performance of official duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to public records including confidentiality, access, and the enforcement of public records violations, and uniform commercial code filings; certain employment matters including benefits, workers’ compensation, civil actions, and civil immunity; and law enforcement including law enforcement officer rights, eluding law enforcement, and carrying weapons; and provides penalties.
   DIVISION I —— PUBLIC RECORDS. 
   ADDRESS CONFIDENTIALITY PROGRAM. The bill includes individuals who are attempting to escape from actual or threatened assault to be included in the address confidentiality program pursuant to Code chapter 9E. The bill expands the definition of “eligible person” to include a resident of this state, an adult, a minor, or an incapacitated person as defined in Code section 633.701, who is a victim of an assault; an active or retired state or local judicial officer, or a spouse or child of such a person; an active or retired state or local prosecuting attorney, or a spouse or child of such a person; or an active or retired peace officer, or a spouse or child of such a person.
   PUBLIC RECORDS VIOLATIONS. Under current law, a person found by a court to be in violation of the Iowa open records law (Code chapter 22) shall not be assessed damages if the person proves the person had good reason to believe and in good faith believed facts, which, if true, would have indicated compliance with the open records law. The bill defines “good reason to believe and in good faith believed” to mean the person engaged in a balancing test in weighing the individual privacy interest against the public’s need to access the record based upon the facts.
   DIVISION II —— FRAUDULENT FILINGS —— UNIFORM COMMERCIAL CODE. The bill provides that a filing office may refuse to accept a financing statement that is determined to not have been created pursuant to the UCC, is intended for an improper purpose, names the same person as both the debtor and the secured party, describes collateral not within the scope of applicable law, or is filed for a purpose other than a transaction within the scope of the UCC. If the filing office becomes aware that a financial statement or other record was not created pursuant to the UCC or was intended for an improper purpose, the filing office shall review the record and relevant circumstance, and determine if the record was wrongfully filed. If the record is wrongfully filed, it shall be deemed void and ineffective and the filing office shall remove the record from the index and communicate that to the person who filed the record and to other persons, as appropriate. 
   DIVISION III —— PUBLIC SAFETY EMPLOYEES —— ACCRUED SICK LEAVE UPON RETIREMENT. The bill provides that a public safety employee who retires and has applied for retirement benefits under an eligible retirement system shall receive credit for all accumulated, unused sick leave which shall be converted at a current value and credited to an account for the employee for the purpose of paying the employee’s cost of monthly premiums of a health insurance plan. Upon the death of a retired public safety employee, the spouse or surviving spouse shall be entitled to the same benefits. This Code section does not apply to employees pursuant to Code sections 509A.13 and 509A.13A. 
   Current law provides that an original proceeding regarding a contest of liability for workers’ compensation benefits can be maintained if commenced within two years from the date of the occurrence of the injury for which benefits are claimed. The bill provides that such a proceeding can be maintained if commenced within that period or within one year from the date a denial of liability is received by the employee, whichever is later.
   DIVISION IV —— WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS. The bill provides that any workers’ compensation benefits received by a member for past medical expenses or future medical expenses, or any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work, shall not be offset against and not considered payable in lieu of any retirement allowance payable under the Iowa public employees’ retirement system on account of the same disability.
   DIVISION V —— CIVIL SERVICE COMMISSION EXAMINATIONS.  The bill provides that the civil service commission shall hire persons with expertise to prepare and administer the examinations approved by the commission for entrance and promotional examinations. Under current law, the civil service commission may hire a person with expertise to prepare and administer entrance and promotional examinations approved by the commission. 
   DIVISION VI —— STATE AND MUNICIPAL TORT CLAIMS. The bill provides tort immunity for state employees and employees of governmental subdivisions for any claim arising out of an act or omission of the employee in the execution of or enforcement of any law unless the employee’s act constitutes a willful and wanton act or omission in office. The bill also provides that an employee is not personally liable for a claim arising out of an act of the employee taken in execution or enforcement of any law unless the act constitutes willful and wanton misconduct. 
   The bill provides that the governing body of a municipality shall purchase and maintain insurance or join a local government risk pool for claims for punitive damages in tort actions against its law enforcement and public safety officers, employees, and volunteers, whether elected or appointed, arising out of an alleged act or omission occurring within the scope of such a person’s employment or duties. The governing body may purchase and maintain insurance or join a local government risk pool for claims for punitive damages against its law enforcement and public safety officers, employees, and volunteers for other tort actions. The bill does not waive a defense of governmental immunity to any claim or action brought against a law enforcement or public safety officer, employee, or volunteer. 
   DIVISION VII —— LAW ENFORCEMENT.
   PEACE OFFICER BILL OF RIGHTS. The bill provides that, in addition to any other remedies available, an officer as defined in Code section 80F.1 shall have the right to pursue civil remedies under the law against any person, group of persons, employer, organization, or corporation for damages arising from a false complaint, or any other violation of Code chapter 80F (peace officers and public safety and emergency personnel) including actual damages, court costs, and reasonable attorney fees. The bill provides that a formal administrative investigation, informal inquiry, or interview of an officer shall not be conducted unless a complaint against the officer is filed within 180 days after the alleged action occurred. If a formal administrative investigation of an officer results in the removal, discharge, suspension, or disciplinary action against the officer, any punitive action shall be held in abeyance until the conclusion of any appeal or grievance exercised by the officer.
   ELUDING LAW ENFORCEMENT —— PENALTIES. The bill provides that a driver of a motor vehicle who willfully fails to bring the vehicle to a stop or otherwise eludes a marked or unmarked official law enforcement vehicle driven by a peace officer after being given a visual and audible signal to stop is guilty of an aggravated misdemeanor in violation of Code section 321.279(1). A driver who commits a subsequent violation of Code section 321.279(1) is guilty of a class “D” felony. The driver also commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes a marked or unmarked official law enforcement vehicle and in doing so exceeds the speed limit by 25 miles per hour or more after being given a visual signal to stop in violation of Code section 321.279(2). A driver who commits a subsequent violation under Code section 321.279(2) or (3) is guilty of a class “C” or “B” felony. A driver of a motor vehicle commits a class “C” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a peace officer after being given a visual and audible signal to stop, and in doing so results in bodily injury to a person other than the driver. The driver who commits a subsequent violation is guilty of a class “B” felony. 
   The bill provides that a person commits a class “B” felony when the person unintentionally causes the death of another when eluding or attempting to elude a pursuing law enforcement vehicle in violation of Code section 321.279, if the death of the person results from the violation. A person commits a class “C” felony when the person unintentionally causes serious injury, as defined in Code section 702.18, by eluding or attempting to elude a pursuing law enforcement vehicle in violation of Code section 321.279.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than 25 years.
   The bill allows a law enforcement agency to retain possession of a vehicle suspected to have been operated by a person eluding or attempting to elude a law enforcement vehicle until final disposition of any criminal proceeding related to the violation if the person was a registered owner of the vehicle at the time of the suspected violation.
   By operation of law, Code section 811.1 would prohibit a person convicted under the bill of unintentionally causing a death by eluding from being admitted to bail while awaiting judgment of conviction and sentencing following either a plea or verdict of guilty. Code section 811.1 would also prohibit a person convicted under the bill of unintentionally causing a serious injury by eluding from being admitted to bail during the appeal process, in addition to such prohibition for convictions for causing a death by eluding as required under current law.
   PEACE OFFICER —— DUTY TO CARRY FIREARM. The bill requires a peace officer to carry a firearm at all times while engaged in the performance of official duties.