House Study Bill 266 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to public records including confidentiality, 1 access, and the enforcement of public records violations, 2 and uniform commercial code filings; certain employment 3 matters including benefits, workers’ compensation, civil 4 actions, and civil immunity; and law enforcement including 5 law enforcement officer rights, eluding law enforcement, and 6 carrying firearms; and providing penalties. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 2760YC (14) 89 cm/rh

H.F. _____ DIVISION I 1 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 2 Section 1. Section 9E.1, Code 2021, is amended to read as 3 follows: 4 9E.1 Purpose. 5 The general assembly finds that individuals attempting to 6 escape from actual or threatened domestic abuse, domestic 7 abuse assault, sexual abuse, assault, stalking, or human 8 trafficking frequently establish new addresses in order to 9 prevent their assailants or probable assailants from finding 10 them. The purpose of this chapter is to enable state and local 11 agencies to respond to requests for data without disclosing 12 the location of a victim of domestic abuse, domestic abuse 13 assault, sexual abuse, assault, stalking, or human trafficking; 14 to enable interagency cooperation with the secretary of state 15 in providing address confidentiality for victims of domestic 16 abuse, domestic abuse assault, sexual abuse, assault, stalking, 17 or human trafficking; and to enable program participants to use 18 an address designated by the secretary of state as a substitute 19 mailing address for the purposes specified in this chapter . 20 In addition, the purpose of this chapter is to prevent such 21 victims from being physically located through a public records 22 search. 23 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 24 is amended to read as follows: 25 a. “Eligible person” means a person who is all a resident of 26 this state, an adult, a minor, or an incapacitated person as 27 defined in section 633.701, and is one of the following: 28 (1) A resident of this state. 29 (2) An adult, a minor, or an incapacitated person as defined 30 in section 633.701 . 31 (3) A victim of domestic abuse, domestic abuse assault, 32 sexual abuse, assault, stalking, or human trafficking as 33 evidenced by the filing of a petition pursuant to section 236.3 34 or a criminal complaint or information pursuant to section 35 -1- LSB 2760YC (14) 89 cm/rh 1/ 16

H.F. _____ 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 1 in chapter 709 . 2 (2) A currently active or retired state or local judicial 3 officer, as defined in section 4.1, or a spouse or child of 4 such a person. 5 (3) A currently active or retired state or local prosecuting 6 attorney, as defined in section 801.4, or a spouse or child of 7 such a person. 8 (4) A currently active or retired peace officer, as defined 9 in section 801.4, or a spouse or child of such a person. 10 Sec. 3. Section 9E.3, subsection 1, paragraph b, 11 subparagraph (1), subparagraph division (a), Code 2021, is 12 amended to read as follows: 13 (a) The eligible person listed on the application is a 14 victim of domestic abuse, domestic abuse assault, sexual abuse, 15 assault, stalking, or human trafficking. 16 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 17 is amended to read as follows: 18 e. The residential address of the eligible person, 19 disclosure of which could lead to an increased risk of domestic 20 abuse, domestic abuse assault, sexual abuse, assault, stalking, 21 or human trafficking. 22 Sec. 5. Section 22.10, subsection 3, paragraph b, 23 subparagraph (2), Code 2021, is amended to read as follows: 24 (2) Had good reason to believe and in good faith believed 25 facts which, if true, would have indicated compliance with 26 the requirements of this chapter . For purposes of this 27 subparagraph, “good reason to believe and in good faith believed” 28 means the person engaged in a balancing test in weighing the 29 individual privacy interest against the public’s need to access 30 the record based upon a reasonable reliance on the facts. 31 DIVISION II 32 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 33 Sec. 6. Section 554.9516, Code 2021, is amended by adding 34 the following new subsection: 35 -2- LSB 2760YC (14) 89 cm/rh 2/ 16

H.F. _____ NEW SUBSECTION . 5. Fraudulent filings. 1 a. The filing office may refuse to accept a financing 2 statement that it determines is not created pursuant to the 3 uniform commercial code, or is otherwise intended for an 4 improper purpose, such as to hinder, harass, or otherwise 5 wrongfully interfere with any person. The filing office may 6 also refuse to accept a financing statement that names the same 7 person as both debtor and secured party, describes collateral 8 not within the scope of applicable law, or is being filed for 9 a purpose other than a transaction within the scope of the 10 uniform commercial code. 11 b. If the filing office becomes aware that a financing 12 statement or other record was not created pursuant to the 13 uniform commercial code, or was otherwise intended for an 14 improper purpose, such as to hinder, harass, or otherwise 15 wrongfully interfere with any person, the filing office 16 shall review the record and relevant circumstances and, if it 17 determines that the record was wrongfully filed, the record 18 shall be deemed void and ineffective; and the filing office 19 shall remove the record from the index and communicate the 20 foregoing to the person that presented the wrongfully filed 21 record and to other persons, as appropriate. 22 DIVISION III 23 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 24 Sec. 7. NEW SECTION . 70A.23A Credit for accrued sick leave 25 —— public safety employees. 26 A public safety employee, as defined by section 20.3, 27 subsection 11, who retires and has applied for retirement 28 benefits under an eligible retirement system, shall receive 29 credit for all accumulated, unused sick leave which shall be 30 converted at current value and credited to an account for the 31 public safety employee for the purpose of paying the public 32 safety employee’s cost of the monthly premiums for continuance 33 of the public safety employee’s health insurance plan. Upon 34 the death of a retired public safety employee, the spouse 35 -3- LSB 2760YC (14) 89 cm/rh 3/ 16

H.F. _____ or surviving spouse shall be entitled to the value of the 1 accumulated unused sick leave for the purpose of paying the 2 cost of monthly premiums for continuation of a public safety 3 employee’s health insurance policy for the public safety 4 employee’s surviving spouse or dependents. This subsection 5 shall not apply to sections 509A.13 and 509A.13A. 6 DIVISION IV 7 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 8 Sec. 8. Section 85.26, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. An original proceeding for benefits under this chapter 11 or chapter 85A , 85B , or 86 , shall not be maintained in any 12 contested case unless the proceeding is commenced within two 13 years from the date of the occurrence of the injury for which 14 benefits are claimed or one year from the date a denial of 15 liability is received by the employee, whichever is later, 16 or, if weekly compensation benefits are paid under section 17 86.13 , within three years from the date of the last payment 18 of weekly compensation benefits. For the purposes of this 19 section , “date of the occurrence of the injury” means the date 20 that the employee knew or should have known that the injury was 21 work-related. 22 Sec. 9. Section 97B.50A, subsection 5, Code 2021, is amended 23 to read as follows: 24 5. Offset to allowance. 25 a. Notwithstanding any provisions to the contrary in state 26 law, or any applicable contract or policy, any amounts which 27 may be paid or payable by the employer under any workers’ 28 compensation, unemployment compensation, employer-paid 29 disability plan, program, or policy, or other law to a member, 30 and any disability payments the member receives pursuant to 31 the federal Social Security Act, 42 U.S.C. §423 et seq., 32 shall be offset against and payable in lieu of any retirement 33 allowance payable pursuant to this section on account of the 34 same disability. 35 -4- LSB 2760YC (14) 89 cm/rh 4/ 16

H.F. _____ b. Notwithstanding paragraph “a” , any workers’ compensation 1 benefits received by a member for past medical expenses or 2 future medical expenses shall not be offset against and not 3 considered payable in lieu of any retirement allowance payable 4 pursuant to this section on account of the same disability. 5 c. Notwithstanding paragraph “a” , any workers’ compensation 6 benefits received by a member for reimbursement of vacation 7 time used, sick time used, or for any unpaid time off from work 8 shall not be offset against and not considered payable in lieu 9 of any retirement allowance payable pursuant to this section on 10 account of the same disability. 11 DIVISION V 12 CIVIL SERVICE COMMISSION EXAMINATIONS 13 Sec. 10. Section 400.8, subsection 2, Code 2021, is amended 14 to read as follows: 15 2. The commission shall establish the guidelines for 16 conducting the examinations under subsection 1 of this section . 17 It may prepare and administer the examinations or may The 18 commission shall hire persons with expertise to do so if the 19 commission approves the examinations prepare and administer 20 the examinations approved by the commission . It may also 21 hire persons with expertise to consult in the preparation of 22 such examinations if the persons so hired are employed to aid 23 personnel of the commission in assuring that a fair examination 24 is conducted. A fair examination shall explore the competence 25 of the applicant in the particular field of examination. 26 Sec. 11. Section 400.9, subsection 2, Code 2021, is amended 27 to read as follows: 28 2. The commission shall establish guidelines for conducting 29 the examinations under subsection 1 . It may prepare and 30 administer the examinations or may The commission shall hire 31 persons with expertise to do so if the commission approves 32 the examinations and if the examinations apply to prepare and 33 administer the examinations approved by the commission for 34 the position in the city for which the applicant is taking 35 -5- LSB 2760YC (14) 89 cm/rh 5/ 16

H.F. _____ the examination. It may also hire persons with expertise to 1 consult in the preparation of such examinations if the persons 2 so hired are employed to aid personnel of the commission 3 in assuring that a fair examination is conducted. A fair 4 examination shall explore the competence of the applicant in 5 the particular field of examination. The names of persons 6 approved to administer any examination under this section shall 7 be posted in the city hall at least twenty-four hours prior to 8 the examination. 9 DIVISION VI 10 STATE AND MUNICIPAL TORT CLAIMS 11 Sec. 12. Section 669.14, Code 2021, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. Any claim based upon an act or omission 14 of an employee of the state, exercising due care, in the 15 execution of or enforcement of any law. 16 Sec. 13. Section 670.2, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. An employee is not personally liable 19 for a claim based upon an act or omission of the person taken 20 in execution or enforcement of any law except for acts or 21 omissions which involve intentional misconduct or knowing 22 violations of the law. 23 Sec. 14. Section 670.7, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5. The governing body of a municipality 26 shall purchase and maintain insurance or join a local 27 government risk pool pursuant to this section for claims for 28 punitive damages in tort actions for wrongful death, excessive 29 force, and arrest filed without probable cause against its 30 law enforcement and public safety officers, employees, and 31 volunteers, whether elected or appointed, arising out of an 32 alleged act or omission occurring within the scope of such 33 a person’s employment or duties. The governing body may 34 purchase and maintain insurance or join a local government 35 -6- LSB 2760YC (14) 89 cm/rh 6/ 16

H.F. _____ risk pool for claims for punitive damages against its law 1 enforcement and public safety officers, employees, and persons 2 who do not receive compensation for their services for other 3 tort actions. This subsection does not waive a defense of 4 governmental immunity to any claim or action brought against a 5 law enforcement or public safety officer, employee, or a person 6 who does not receive compensation for their services. 7 DIVISION VII 8 LAW ENFORCEMENT —— OFFICER RIGHTS —— ELUDING LAW ENFORCEMENT —— 9 CARRYING FIREARMS 10 Sec. 15. Section 80F.1, Code 2021, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 2A. A formal administrative investigation, 13 informal inquiry, or interview under this chapter shall not be 14 conducted unless a complaint is filed within one hundred eighty 15 days after the alleged action occurred. 16 Sec. 16. Section 80F.1, subsections 13 and 19, Code 2021, 17 are amended to read as follows: 18 13. An officer shall have the right to pursue civil remedies 19 under the law against a citizen arising from the filing of a 20 false complaint against the officer In addition to any other 21 remedies available, an officer shall have the right to pursue 22 civil remedies under the law against any person, group of 23 persons, employer, organization, or corporation for damages 24 arising from the filing of a false complaint or any other 25 violation of this chapter including but not limited to actual 26 damages, court costs, and reasonable attorney fees . 27 19. If a formal administrative investigation results in 28 removal, discharge, suspension, or disciplinary action against 29 an officer, and the officer alleges in writing a violation of 30 the provisions of this section , the municipality, county, or 31 state agency employing the officer shall hold in abeyance for 32 a period of ten days any punitive action taken as a result of 33 the investigation, including a reprimand , until the conclusion 34 of any appeal or grievance exercised by the officer . An 35 -7- LSB 2760YC (14) 89 cm/rh 7/ 16

H.F. _____ allegation of a violation of this section may be raised and 1 given due consideration in any properly authorized grievance 2 or appeal exercised by an officer, including but not limited 3 to a grievance or appeal exercised pursuant to the terms of an 4 applicable collective bargaining agreement and an appeal right 5 exercised under section 341A.12 or 400.20 . 6 Sec. 17. Section 321.279, Code 2021, is amended to read as 7 follows: 8 321.279 Eluding or attempting to elude pursuing law 9 enforcement vehicle. 10 1. a. The driver of a motor vehicle commits a serious an 11 aggravated misdemeanor if the driver willfully fails to bring 12 the motor vehicle to a stop or otherwise eludes or attempts to 13 elude a marked or unmarked official law enforcement vehicle 14 driven by a uniformed peace officer after being given a visual 15 and audible signal to stop. The signal given by the peace 16 officer shall be by flashing red light, or by flashing red and 17 blue lights, and siren. For purposes of this section , “peace 18 officer” means those officers designated under section 801.4, 19 subsection 11 , paragraphs “a” , “b” , “c” , “f” , “g” , and “h” . 20 b. The driver of a motor vehicle who commits a second or 21 subsequent violation under this subsection is, upon conviction, 22 guilty of an aggravated misdemeanor a class “D” felony . 23 2. a. The driver of a motor vehicle commits an aggravated 24 misdemeanor a class “D” felony if the driver willfully fails 25 to bring the motor vehicle to a stop or otherwise eludes or 26 attempts to elude a marked or unmarked official law enforcement 27 vehicle that is driven by a uniformed peace officer after being 28 given a visual and audible signal as provided in this section 29 and in doing so exceeds the speed limit by twenty-five miles 30 per hour or more. 31 b. (1) The driver of a motor vehicle who commits a 32 violation under this subsection and who has previously 33 committed a violation under this subsection or subsection 3 , 34 paragraph “a” , is, upon conviction, guilty of a class “D” “C” 35 -8- LSB 2760YC (14) 89 cm/rh 8/ 16

H.F. _____ felony. 1 (2) The driver of a motor vehicle who commits a violation 2 under this subsection and who has previously committed a 3 violation under subsection 3, paragraph “b” , commits a class “B” 4 felony. 5 3. a. The driver of a motor vehicle commits a class “D” 6 felony if the driver willfully fails to bring the motor vehicle 7 to a stop or otherwise eludes or attempts to elude a marked or 8 unmarked official law enforcement vehicle that is driven by a 9 uniformed peace officer after being given a visual and audible 10 signal as provided in this section , and in doing so exceeds the 11 speed limit by twenty-five miles per hour or more, and if any 12 of the following occurs: 13 (1) The driver is participating in a public offense, as 14 defined in section 702.13 , that is a felony. 15 (2) The driver is in violation of section 321J.2 . 16 (3) The driver is in violation of section 124.401 . 17 (4) The offense results in bodily injury to a person other 18 than the driver. 19 b. The driver of a motor vehicle commits a class “C” felony 20 if the driver willfully fails to bring the motor vehicle to 21 a stop or otherwise eludes or attempts to elude a marked or 22 unmarked official law enforcement vehicle that is driven by a 23 peace officer after being given a visual and audible signal as 24 provided in this section, and in doing so the offense results 25 in bodily injury to a person other than the driver. 26 b. c. (1) The driver of a motor vehicle who commits a 27 second or subsequent violation under this subsection paragraph 28 “a” is, upon conviction, guilty of a class “C” felony. 29 (2) The driver of a motor vehicle who commits a second or 30 subsequent violation under paragraph “b” is, upon conviction, 31 guilty of a class “B” felony. 32 4. Notwithstanding section 809.5 or any other provision 33 of law to the contrary, a law enforcement agency may retain 34 possession of a motor vehicle suspected to have been 35 -9- LSB 2760YC (14) 89 cm/rh 9/ 16

H.F. _____ operated by a person in violation of this section until final 1 disposition of any criminal proceeding related to the violation 2 if the person was a registered owner of the vehicle at the time 3 of the suspected violation. 4 Sec. 18. Section 707.6A, subsections 2 and 4, Code 2021, are 5 amended to read as follows: 6 2. a. A person commits a class “C” felony when the person 7 unintentionally causes the death of another by any of the 8 following means: 9 a. Driving driving a motor vehicle in a reckless manner 10 with willful or wanton disregard for the safety of persons or 11 property, in violation of section 321.277 . 12 (1) For the purposes of this paragraph “a” , a person’s use 13 of a hand-held electronic communication device to write, send, 14 or view an electronic message while driving a motor vehicle 15 shall be considered prima facie evidence that the person was 16 driving the motor vehicle in a reckless manner with willful 17 or wanton disregard for the safety of persons or property, in 18 violation of section 321.277 . 19 (2) Subparagraph (1) shall not apply to any of the 20 following: 21 (a) A member of a public safety agency, as defined in 22 section 34.1 , performing official duties. 23 (b) A health care professional in the course of an emergency 24 situation. 25 (c) A person receiving safety-related information including 26 emergency, traffic, or weather alerts. 27 (3) For the purposes of this paragraph “a” , the following 28 definitions apply: 29 (a) “Electronic message” includes images visible on the 30 screen of a hand-held electronic communication device including 31 a text-based message, an instant message, a portion of 32 electronic mail, an internet site, a social media application, 33 or a game. 34 (b) “Hand-held electronic communication device” means a 35 -10- LSB 2760YC (14) 89 cm/rh 10/ 16

H.F. _____ mobile telephone or other portable electronic communication 1 device capable of being used to write, send, or view an 2 electronic message. “Hand-held electronic communication device” 3 does not include a voice-operated or hands-free device which 4 allows the user to write, send, or view an electronic message 5 without the use of either hand except to activate or deactivate 6 a feature or function. “Hand-held electronic communication 7 device” does not include a wireless communication device used to 8 transmit or receive data as part of a digital dispatch system. 9 “Hand-held electronic communication device” includes a device 10 which is temporarily mounted inside the motor vehicle, unless 11 the device is a voice-operated or hands-free device. 12 (c) The terms “write” , “send” , and “view” , with respect to 13 an electronic message, mean the manual entry, transmission, 14 or retrieval of an electronic message, and include playing, 15 browsing, or accessing an electronic message. 16 b. Eluding A person commits a class “B” felony when the 17 person unintentionally causes the death of another by eluding 18 or attempting to elude a pursuing law enforcement vehicle, in 19 violation of section 321.279 , if the death of the other person 20 directly or indirectly results from the violation. 21 4. A person commits a class “D” felony when the person 22 unintentionally causes a serious injury , as defined in section 23 702.18 , by any of the means described in subsection 1 or 2 , 24 paragraph “a” . A person commits a class “C” felony when the 25 person unintentionally causes a serious injury by any means 26 described in subsection 2, paragraph “b” . For purposes of this 27 subsection, “serious injury” means as defined in section 702.18. 28 Sec. 19. NEW SECTION . 724.4D Duty to carry firearm —— peace 29 officers. 30 A peace officer shall carry a firearm at all times while 31 engaged in the performance of official duties. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -11- LSB 2760YC (14) 89 cm/rh 11/ 16

H.F. _____ This bill relates to public records including 1 confidentiality, access, and the enforcement of public 2 records violations, and uniform commercial code filings; 3 certain employment matters including benefits, workers’ 4 compensation, civil actions, and civil immunity; and law 5 enforcement including law enforcement officer rights, eluding 6 law enforcement, and carrying weapons; and provides penalties. 7 DIVISION I —— PUBLIC RECORDS. 8 ADDRESS CONFIDENTIALITY PROGRAM. The bill includes 9 individuals who are attempting to escape from actual 10 or threatened assault to be included in the address 11 confidentiality program pursuant to Code chapter 9E. The 12 bill expands the definition of “eligible person” to include a 13 resident of this state, an adult, a minor, or an incapacitated 14 person as defined in Code section 633.701, who is a victim 15 of an assault; an active or retired state or local judicial 16 officer, or a spouse or child of such a person; an active or 17 retired state or local prosecuting attorney, or a spouse or 18 child of such a person; or an active or retired peace officer, 19 or a spouse or child of such a person. 20 PUBLIC RECORDS VIOLATIONS. Under current law, a person 21 found by a court to be in violation of the Iowa open records law 22 (Code chapter 22) shall not be assessed damages if the person 23 proves the person had good reason to believe and in good faith 24 believed facts, which, if true, would have indicated compliance 25 with the open records law. The bill defines “good reason to 26 believe and in good faith believed” to mean the person engaged 27 in a balancing test in weighing the individual privacy interest 28 against the public’s need to access the record based upon the 29 facts. 30 DIVISION II —— FRAUDULENT FILINGS —— UNIFORM COMMERCIAL 31 CODE. The bill provides that a filing office may refuse to 32 accept a financing statement that is determined to not have 33 been created pursuant to the UCC, is intended for an improper 34 purpose, names the same person as both the debtor and the 35 -12- LSB 2760YC (14) 89 cm/rh 12/ 16

H.F. _____ secured party, describes collateral not within the scope 1 of applicable law, or is filed for a purpose other than a 2 transaction within the scope of the UCC. If the filing office 3 becomes aware that a financial statement or other record was 4 not created pursuant to the UCC or was intended for an improper 5 purpose, the filing office shall review the record and relevant 6 circumstance, and determine if the record was wrongfully filed. 7 If the record is wrongfully filed, it shall be deemed void and 8 ineffective and the filing office shall remove the record from 9 the index and communicate that to the person who filed the 10 record and to other persons, as appropriate. 11 DIVISION III —— PUBLIC SAFETY EMPLOYEES —— ACCRUED SICK 12 LEAVE UPON RETIREMENT. The bill provides that a public safety 13 employee who retires and has applied for retirement benefits 14 under an eligible retirement system shall receive credit for 15 all accumulated, unused sick leave which shall be converted at 16 a current value and credited to an account for the employee for 17 the purpose of paying the employee’s cost of monthly premiums 18 of a health insurance plan. Upon the death of a retired 19 public safety employee, the spouse or surviving spouse shall 20 be entitled to the same benefits. This Code section does 21 not apply to employees pursuant to Code sections 509A.13 and 22 509A.13A. 23 Current law provides that an original proceeding regarding 24 a contest of liability for workers’ compensation benefits can 25 be maintained if commenced within two years from the date of 26 the occurrence of the injury for which benefits are claimed. 27 The bill provides that such a proceeding can be maintained if 28 commenced within that period or within one year from the date a 29 denial of liability is received by the employee, whichever is 30 later. 31 DIVISION IV —— WORKERS’ COMPENSATION —— ACTIONS AND 32 OFFSETS. The bill provides that any workers’ compensation 33 benefits received by a member for past medical expenses or 34 future medical expenses, or any workers’ compensation benefits 35 -13- LSB 2760YC (14) 89 cm/rh 13/ 16

H.F. _____ received by a member for reimbursement of vacation time used, 1 sick time used, or for any unpaid time off from work, shall not 2 be offset against and not considered payable in lieu of any 3 retirement allowance payable under the Iowa public employees’ 4 retirement system on account of the same disability. 5 DIVISION V —— CIVIL SERVICE COMMISSION EXAMINATIONS. 6 The bill provides that the civil service commission shall 7 hire persons with expertise to prepare and administer the 8 examinations approved by the commission for entrance and 9 promotional examinations. Under current law, the civil service 10 commission may hire a person with expertise to prepare and 11 administer entrance and promotional examinations approved by 12 the commission. 13 DIVISION VI —— STATE AND MUNICIPAL TORT CLAIMS. The bill 14 provides tort immunity for state employees and employees of 15 governmental subdivisions for any claim arising out of an act 16 or omission of the employee in the execution of or enforcement 17 of any law unless the employee’s act constitutes a willful and 18 wanton act or omission in office. The bill also provides that 19 an employee is not personally liable for a claim arising out of 20 an act of the employee taken in execution or enforcement of any 21 law unless the act constitutes willful and wanton misconduct. 22 The bill provides that the governing body of a municipality 23 shall purchase and maintain insurance or join a local 24 government risk pool for claims for punitive damages in tort 25 actions against its law enforcement and public safety officers, 26 employees, and volunteers, whether elected or appointed, 27 arising out of an alleged act or omission occurring within the 28 scope of such a person’s employment or duties. The governing 29 body may purchase and maintain insurance or join a local 30 government risk pool for claims for punitive damages against 31 its law enforcement and public safety officers, employees, and 32 volunteers for other tort actions. The bill does not waive a 33 defense of governmental immunity to any claim or action brought 34 against a law enforcement or public safety officer, employee, 35 -14- LSB 2760YC (14) 89 cm/rh 14/ 16

H.F. _____ or volunteer. 1 DIVISION VII —— LAW ENFORCEMENT. 2 PEACE OFFICER BILL OF RIGHTS. The bill provides that, in 3 addition to any other remedies available, an officer as defined 4 in Code section 80F.1 shall have the right to pursue civil 5 remedies under the law against any person, group of persons, 6 employer, organization, or corporation for damages arising 7 from a false complaint, or any other violation of Code chapter 8 80F (peace officers and public safety and emergency personnel) 9 including actual damages, court costs, and reasonable 10 attorney fees. The bill provides that a formal administrative 11 investigation, informal inquiry, or interview of an officer 12 shall not be conducted unless a complaint against the officer 13 is filed within 180 days after the alleged action occurred. If 14 a formal administrative investigation of an officer results 15 in the removal, discharge, suspension, or disciplinary action 16 against the officer, any punitive action shall be held in 17 abeyance until the conclusion of any appeal or grievance 18 exercised by the officer. 19 ELUDING LAW ENFORCEMENT —— PENALTIES. The bill provides 20 that a driver of a motor vehicle who willfully fails to bring 21 the vehicle to a stop or otherwise eludes a marked or unmarked 22 official law enforcement vehicle driven by a peace officer 23 after being given a visual and audible signal to stop is guilty 24 of an aggravated misdemeanor in violation of Code section 25 321.279(1). A driver who commits a subsequent violation of 26 Code section 321.279(1) is guilty of a class “D” felony. The 27 driver also commits a class “D” felony if the driver willfully 28 fails to bring the motor vehicle to a stop or otherwise eludes 29 a marked or unmarked official law enforcement vehicle and in 30 doing so exceeds the speed limit by 25 miles per hour or more 31 after being given a visual signal to stop in violation of 32 Code section 321.279(2). A driver who commits a subsequent 33 violation under Code section 321.279(2) or (3) is guilty of a 34 class “C” or “B” felony. A driver of a motor vehicle commits 35 -15- LSB 2760YC (14) 89 cm/rh 15/ 16

H.F. _____ a class “C” felony if the driver willfully fails to bring the 1 motor vehicle to a stop or otherwise eludes or attempts to 2 elude a marked or unmarked official law enforcement vehicle 3 that is driven by a peace officer after being given a visual 4 and audible signal to stop, and in doing so results in bodily 5 injury to a person other than the driver. The driver who 6 commits a subsequent violation is guilty of a class “B” felony. 7 The bill provides that a person commits a class “B” felony 8 when the person unintentionally causes the death of another 9 when eluding or attempting to elude a pursuing law enforcement 10 vehicle in violation of Code section 321.279, if the death 11 of the person results from the violation. A person commits 12 a class “C” felony when the person unintentionally causes 13 serious injury, as defined in Code section 702.18, by eluding 14 or attempting to elude a pursuing law enforcement vehicle in 15 violation of Code section 321.279. 16 An aggravated misdemeanor is punishable by confinement for 17 no more than two years and a fine of at least $855 but not more 18 than $8,540. A class “D” felony is punishable by confinement 19 for no more than five years and a fine of at least $1,025 20 but not more than $10,245. A class “C” felony is punishable 21 by confinement for no more than 10 years and a fine of at 22 least $1,370 but not more than $13,660. A class “B” felony is 23 punishable by confinement for no more than 25 years. 24 The bill allows a law enforcement agency to retain 25 possession of a vehicle suspected to have been operated by a 26 person eluding or attempting to elude a law enforcement vehicle 27 until final disposition of any criminal proceeding related 28 to the violation if the person was a registered owner of the 29 vehicle at the time of the suspected violation. 30 PEACE OFFICER —— DUTY TO CARRY FIREARM. The bill requires a 31 peace officer to carry a firearm at all times while engaged in 32 the performance of official duties. 33 -16- LSB 2760YC (14) 89 cm/rh 16/ 16