S.F. 342 Section 1. Section 80F.1, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. “Brady list” means a list of officers 3 maintained by the county attorney’s office, including officers 4 who may have impeached themselves as witnesses and officers 5 who may have violated the pretrial discovery rule requiring 6 officers to turn over all evidence that might be used to 7 exonerate a defendant. 8 Sec. 2. Section 80F.1, Code 2021, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 20. a. An officer shall not be discharged, 11 disciplined, or threatened with discharge or discipline by a 12 state, county, or municipal law enforcement agency solely due 13 to the inclusion of the officer’s name on a Brady list. 14 b. This subsection does not prohibit a law enforcement 15 agency from dismissing, suspending, demoting, or taking other 16 disciplinary actions against an officer based on the underlying 17 actions that resulted in the officer’s name being placed on 18 a Brady list including any impeachment evidence against the 19 officer or evidence that the officer may not have turned 20 over exculpatory evidence to a defendant. If a collective 21 bargaining agreement applies, the actions taken by the law 22 enforcement agency shall conform to the rules and procedures 23 adopted by the collective bargaining agreement. 24 Sec. 3. BRADY LIST INTERIM COMMITTEE. 25 1. The legislative council is requested to establish a Brady 26 list interim committee for the 2021 interim. The purpose of 27 the committee shall be to do all of the following: 28 a. Study the disclosure of information contained in officer 29 personnel files as such information relates to a Brady list as 30 defined in section 80F.1. 31 b. Study the efficiency of implementing a statewide system 32 for a Brady list, identifying impartial entities to conduct 33 investigations pertaining to an officer’s acts or omissions to 34 act, and recommending the appropriate procedures, due process 35 -1- LSB 1528SV (2) 89 as/rh 1/ 4

S.F. 342 protections, appeal rights, and criteria for the placement and 1 removal of an officer’s name on and from a Brady list. 2 c. Study any other issues that the committee determines 3 relevant to its objective. The committee may solicit the 4 advice or testimony of any organization or individual with 5 information or expertise relevant to the purpose of the 6 committee. 7 2. The committee shall consist of three members of the 8 senate appointed by the majority leader of the senate, two 9 members of the senate appointed by the minority leader of 10 the senate, three members of the house of representatives 11 appointed by the speaker of the house of representatives, 12 and two members of the house of representatives appointed 13 by the minority leader of the house of representatives. 14 Additional committee members shall include the commissioner 15 of the department of public safety or the commissioner’s 16 designee, a district court judge appointed by the supreme 17 court, two representatives from the Iowa sheriffs and deputies 18 association, and one representative from each of the following: 19 the Iowa county attorneys association, the Iowa police chiefs 20 association, the Iowa state police association, the Iowa peace 21 officers association, the Iowa fraternal order of police, 22 the Iowa professional fire fighters, the Iowa state troopers 23 association, and the Iowa state patrol supervisors association. 24 The Iowa sheriffs and deputies association members shall 25 include an officer in a supervisory position and an officer who 26 does not hold rank. 27 3. The committee shall elect a chairperson from the members 28 appointed. 29 4. The committee shall issue a report, including findings 30 and recommendations, to the governor and the general assembly 31 no later than December 16, 2021. 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 -2- LSB 1528SV (2) 89 as/rh 2/ 4

S.F. 342 This bill relates to police officer disciplinary actions and 1 establishes a legislative interim committee. 2 The bill amends Code chapter 80F, relating to the rights of 3 officers and public safety and emergency personnel. The bill 4 prohibits an officer from being discharged, disciplined, or 5 threatened with discharge or discipline by a state, county, or 6 municipal law enforcement agency solely due to the inclusion 7 of the officer’s name on a Brady list. The bill defines “Brady 8 list” as a list of officers maintained by the county attorney’s 9 office, including officers who may have impeached themselves 10 as witnesses and officers who may have violated the pretrial 11 discovery rule requiring officers to turn over any evidence 12 that might be used to exonerate a defendant. However, a law 13 enforcement agency may dismiss, suspend, demote, or take other 14 disciplinary action against an officer based on the underlying 15 actions that resulted in the officer’s name being placed on 16 a Brady list including any impeachment evidence against the 17 officer or evidence that the officer failed to provide a 18 defendant with exculpatory evidence. 19 The bill establishes a legislative interim committee 20 to study the disclosure of officer personnel files as such 21 information relates to a Brady list, study the efficiency of 22 implementing a statewide system for a Brady list, identify 23 impartial entities to conduct investigations pertaining to an 24 officer’s acts and omissions to act, and recommend appropriate 25 procedures, due process protections, appeal rights, and 26 criteria for the placement and removal of an officer’s name on 27 and from a Brady list. The committee may solicit the advice or 28 testimony of any organization or individual with information or 29 expertise relevant to its study. 30 The committee shall consist of 10 legislative members 31 and 12 members representing various interested stakeholder 32 organizations, the department of public safety, and the court. 33 The committee shall issue a report, including findings and 34 recommendations, to the governor and the general assembly no 35 -3- LSB 1528SV (2) 89 as/rh 3/ 4

S.F. 342 later than December 16, 2021. 1 The bill defines “Brady list” as a list of officers 2 maintained by the county attorney’s office, including officers 3 who may have impeached themselves as witnesses and officers 4 who may have violated the pretrial discovery rule established 5 by Brady v. Maryland, 373 U.S. 83 (1963) requiring officers 6 to turn over all evidence that might be used to exonerate a 7 defendant. 8 Under Code section 80F.1, “officer” means a certified 9 law enforcement officer, fire fighter, emergency medical 10 technician, corrections officer, detention officer, jailer, 11 probation or parole officer, communications officer, or 12 any other law enforcement officer certified by the Iowa law 13 enforcement academy and employed by a municipality, county, or 14 state agency. 15 -4- LSB 1528SV (2) 89 as/rh 4/ 4