Senate
File
342
-
Introduced
SENATE
FILE
342
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
6)
A
BILL
FOR
An
Act
relating
to
officer
disciplinary
actions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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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
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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
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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
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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.
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