Senate
File
476
-
Introduced
SENATE
FILE
476
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1178)
A
BILL
FOR
An
Act
relating
to
qualified
immunity
of
law
enforcement
1
officers,
the
peace
officer,
public
safety,
and
emergency
2
personnel
bill
of
rights,
uniform
commercial
code
filings,
3
and
protected
information
of
law
enforcement
officers
and
4
state
or
federal
judicial
officers
and
prosecutors.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
QUALIFIED
IMMUNITY
2
Section
1.
NEW
SECTION
.
669A.1
Findings.
3
The
general
assembly
finds
the
following:
4
1.
Qualified
immunity
is
intended
for
all
but
the
plainly
5
incompetent
or
those
who
knowingly
violate
the
law
and
is
meant
6
to
give
law
enforcement
officials
leeway
to
make
reasonable
7
mistakes
of
fact
and
law.
8
2.
The
United
States
supreme
court
has
observed
that
9
qualified
immunity
balances
two
important
interests:
the
10
need
to
hold
law
enforcement
officers
accountable
when
law
11
enforcement
officers
exercise
power
irresponsibly
and
the
12
need
to
shield
law
enforcement
officers
from
harassment,
13
distraction,
and
liability
when
law
enforcement
officers
14
perform
their
duties
reasonably.
15
Sec.
2.
NEW
SECTION
.
669A.2
Definitions.
16
For
purposes
of
this
chapter,
unless
the
context
otherwise
17
requires:
18
1.
“Action
for
damages”
means
any
case
brought
in
a
court
19
organized
under
the
laws
of
this
state
in
which
the
plaintiff
20
seeks
any
amount
of
monetary
compensation,
including
but
21
not
limited
to
claims
alleging
constitutional
or
statutory
22
violations.
23
2.
“Constitution”
means
the
Constitution
of
the
United
24
States
or
the
Constitution
of
the
State
of
Iowa.
25
3.
“Law
enforcement
officer”
means
any
federal,
state,
26
tribal,
or
local
official
who
is
authorized
by
law
to
engage
27
in
or
supervise
the
prevention,
detection,
investigation,
or
28
incarceration
of
any
person
for
any
violation
of
law,
and
29
has
statutory
powers
of
arrest,
apprehension,
detention,
or
30
incarceration.
“Law
enforcement
officer”
includes
but
is
not
31
limited
to
a
peace
officer,
employee
of
the
department
of
32
public
safety,
employee
of
the
department
of
corrections,
and
33
employee
of
a
judicial
district’s
department
of
correctional
34
services.
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4.
“Other
law”
means
any
statutory
or
common
law,
whether
1
federal
or
state.
2
Sec.
3.
NEW
SECTION
.
669A.3
Liability
——
law
enforcement
3
officers.
4
A
law
enforcement
officer
subject
to
any
action
for
damages
5
in
the
law
enforcement
officer’s
individual
capacity
shall
not
6
be
found
liable
if
such
law
enforcement
officer
is
entitled
to
7
qualified
immunity.
If
the
right
secured
by
the
constitution
8
or
any
other
law
was
not
clearly
established
at
the
time
of
the
9
alleged
deprivation
by
the
law
enforcement
officer,
or
at
that
10
time,
the
state
of
the
law
was
not
sufficiently
clear
that
a
11
reasonable
law
enforcement
officer
would
have
understood
that
12
the
conduct
alleged
constituted
a
violation
of
the
constitution
13
or
any
other
law,
then
the
officer
shall
be
entitled
to
14
qualified
immunity.
The
plaintiff
must
plead
facts
showing
15
that
the
law
enforcement
officer
violated
a
constitutional
or
16
statutory
right,
and
shall
bear
the
burden
of
establishing
that
17
the
alleged
right
was
clearly
established
at
the
time
the
law
18
enforcement
officer’s
conduct
occurred.
19
Sec.
4.
NEW
SECTION
.
669A.4
Liability
——
agency
or
20
political
subdivision.
21
An
agency
or
political
subdivision
who
employed
a
law
22
enforcement
officer
subject
to
an
action
governed
by
this
23
chapter
shall
not
be
liable
for
such
action
if
the
law
24
enforcement
officer
is
found
not
liable
under
section
669A.3
25
and
the
law
enforcement
officer
was
acting
within
the
scope
of
26
the
law
enforcement
officer’s
employment
with
the
agency
or
27
political
subdivision.
28
Sec.
5.
NEW
SECTION
.
669A.5
Applicability
of
law.
29
To
the
extent
any
other
provision
of
Iowa
law
provides
less
30
protection
to
law
enforcement
officers
than
this
chapter,
this
31
chapter
supplants
that
law.
32
DIVISION
II
33
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
OF
34
RIGHTS
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Sec.
6.
Section
80F.1,
subsection
1,
paragraph
a,
Code
2021,
1
is
amended
to
read
as
follows:
2
a.
“Complaint”
means
a
formal
written
allegation
signed
3
by
the
complainant
or
a
signed
written
statement
by
an
4
officer
receiving
an
oral
complaint
stating
the
complainant’s
5
allegation.
6
Sec.
7.
Section
80F.1,
subsections
3,
5,
8,
9,
13,
and
18,
7
Code
2021,
are
amended
to
read
as
follows:
8
3.
a.
A
formal
administrative
investigation
of
an
officer
9
shall
be
commenced
and
completed
in
a
reasonable
period
of
10
time
and
an
.
An
officer
shall
be
immediately
notified
in
11
writing
of
the
preliminary
results
of
the
investigation
when
12
the
investigation
is
completed
and
any
recommendations
for
the
13
disposition
of
the
complaint
and
discipline
.
14
b.
Upon
initiating
a
formal
administrative
investigation
15
of
an
officer,
the
investigating
agency
shall
promptly
serve
16
the
officer
under
investigation
with
written
notice
of
the
17
complaint,
shall
inform
the
officer
of
the
officer’s
right
to
18
counsel,
and
shall
provide
the
officer
with
a
copy
of
the
peace
19
officer
bill
of
rights.
The
notice
shall
include
the
names
of
20
all
of
the
complainants,
the
alleged
date
of
the
occurrence
21
giving
rise
to
the
complaint,
a
summary
of
the
factual
22
allegations
against
the
officer,
and
the
name
and
rank
or
title
23
of
the
investigator
in
charge
of
the
formal
administrative
24
investigation.
25
5.
a.
An
officer
who
is
the
subject
of
a
complaint,
shall
26
at
a
minimum,
be
provided
a
written
summary
of
the
complaint
27
prior
to
an
interview.
If
a
collective
bargaining
agreement
28
applies,
the
complaint
or
written
summary
shall
be
provided
29
pursuant
to
the
procedures
established
under
the
collective
30
bargaining
agreement.
If
the
complaint
alleges
domestic
abuse,
31
sexual
abuse,
or
sexual
harassment,
an
officer
shall
not
32
receive
more
than
a
written
summary
of
the
complaint.
33
b.
Upon
written
request
of
the
officer
or
the
officer’s
34
legal
counsel,
the
employing
agency
shall
provide
to
the
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officer
or
the
officer’s
legal
counsel
a
complete
copy
of
the
1
officer’s
incident
reports
and
the
officer’s
video
or
audio
2
recordings
from
the
incident
giving
rise
to
the
complaint
3
without
unnecessary
delay
prior
to
an
interview
of
the
officer.
4
8.
a.
The
officer
shall
have
the
right
to
have
the
5
assistance
of
legal
counsel
present
,
at
the
officer’s
expense,
6
during
the
interview
of
the
officer
,
during
hearings,
or
during
7
other
disciplinary
or
administrative
proceedings
related
to
the
8
complaint
.
In
addition,
the
officer
shall
have
the
right,
at
9
the
officer’s
expense,
to
have
a
union
representative
present
10
during
the
interview
or,
if
not
a
member
of
a
union,
the
11
officer
shall
have
the
right
to
have
a
designee
present.
12
b.
The
officer’s
legal
counsel,
union
representative,
or
13
employee
representative
shall
not
be
compelled
to
disclose
in
14
any
judicial
proceeding,
nor
be
subject
to
any
investigation
15
or
punitive
action
for
refusing
to
disclose,
any
information
16
received
from
the
officer
under
investigation
or
from
an
agent
17
of
the
officer.
The
officer
and
the
officer’s
legal
counsel
18
may
coordinate
and
communicate
in
confidence
with
the
officer’s
19
designated
union
representative
or
employee
representative,
20
and
the
communications
are
not
subject
to
discovery
in
any
21
proceeding.
22
9.
If
a
formal
administrative
investigation
results
in
23
the
removal,
discharge,
or
suspension,
or
other
disciplinary
24
action
against
an
officer,
copies
of
any
witness
statements
25
and
the
complete
investigative
agency’s
report
shall
be
timely
26
provided
to
the
officer
upon
the
request
of
the
officer
or
the
27
officer’s
legal
counsel
upon
request
at
the
completion
of
the
28
investigation
.
29
13.
An
In
addition
to
any
other
remedies
available,
an
30
officer
shall
have
the
right
to
pursue
civil
remedies
under
the
31
law
against
a
citizen
any
person,
group
of
persons,
employer,
32
organization,
or
corporation
for
damages
arising
from
the
33
filing
of
a
false
complaint
against
the
officer
or
any
other
34
violation
of
this
chapter
including
but
not
limited
to
actual
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damages,
court
costs,
and
reasonable
attorney
fees
.
1
18.
A
municipality,
county,
or
state
agency
employing
2
an
officer
shall
not
publicly
release
the
officer’s
official
3
photograph
without
the
written
permission
of
the
officer
or
4
without
a
request
to
release
pursuant
to
chapter
22
.
An
5
officer’s
personal
information
including
but
not
limited
to
the
6
officer’s
home
address,
personal
telephone
number,
personal
7
electronic
mail
address,
date
of
birth,
social
security
number,
8
and
driver’s
license
number
shall
be
confidential
and
shall
be
9
redacted
from
any
record
prior
to
the
record’s
release
to
the
10
public
by
the
employing
agency.
Nothing
in
this
subsection
11
prohibits
the
release
of
an
officer’s
photograph
or
unredacted
12
personal
information
to
the
officer’s
legal
counsel,
union
13
representative,
or
designated
employee
representative
upon
the
14
officer’s
request.
15
Sec.
8.
Section
80F.1,
Code
2021,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
20.
The
employing
agency
shall
keep
18
an
officer’s
statement,
recordings,
or
transcripts
of
any
19
interviews
or
disciplinary
proceedings,
and
any
complaints
20
made
against
an
officer
confidential
unless
otherwise
provided
21
by
law
or
with
the
officer’s
written
consent.
Nothing
in
22
this
section
prohibits
the
release
of
an
officer’s
statement,
23
recordings,
or
transcripts
of
any
interviews
or
disciplinary
24
proceedings,
and
any
complaints
made
against
an
officer
to
25
the
officer
or
the
officer’s
legal
counsel
upon
the
officer’s
26
request.
27
NEW
SUBSECTION
.
21.
An
agency
employing
full-time
or
28
part-time
officers
shall
provide
training
to
any
officer
or
29
supervisor
who
performs
or
supervises
an
investigation
under
30
this
section,
and
shall
maintain
documentation
of
any
training
31
related
to
this
section.
The
Iowa
law
enforcement
academy
32
shall
adopt
minimum
training
standards
not
inconsistent
with
33
this
subsection,
including
training
standards
concerning
34
interviewing
an
officer
subject
to
a
complaint.
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NEW
SUBSECTION
.
22.
Upon
request,
the
employing
agency
1
shall
provide
to
the
requesting
officer
or
the
officer’s
legal
2
counsel
a
copy
of
the
officer’s
personnel
file
and
training
3
records
regardless
of
whether
the
officer
is
subject
to
a
4
formal
administrative
investigation
at
the
time
of
the
request.
5
DIVISION
III
6
UNIFORM
COMMERCIAL
CODE
FILINGS
7
Sec.
9.
Section
554.9516,
Code
2021,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
5.
Fraudulent
filings.
10
a.
The
filing
office
may
refuse
to
accept
a
financing
11
statement
that
it
determines
is
not
created
pursuant
to
the
12
uniform
commercial
code,
or
is
otherwise
intended
for
an
13
improper
purpose,
such
as
to
hinder,
harass,
or
otherwise
14
wrongfully
interfere
with
any
person.
The
filing
office
may
15
also
refuse
to
accept
a
financing
statement
that
names
the
same
16
person
as
both
debtor
and
secured
party,
describes
collateral
17
not
within
the
scope
of
applicable
law,
or
is
being
filed
for
18
a
purpose
other
than
a
transaction
within
the
scope
of
the
19
uniform
commercial
code.
20
b.
If
the
filing
office
becomes
aware
that
a
financing
21
statement
or
other
record
was
not
created
pursuant
to
the
22
uniform
commercial
code,
or
was
otherwise
intended
for
an
23
improper
purpose,
such
as
to
hinder,
harass,
or
otherwise
24
wrongfully
interfere
with
any
person,
the
filing
office
25
shall
review
the
record
and
relevant
circumstances
and,
if
it
26
determines
that
the
record
was
wrongfully
filed,
the
record
27
shall
be
deemed
void
and
ineffective;
and
the
filing
office
28
shall
remove
the
record
from
the
index
and
communicate
the
29
foregoing
to
the
person
that
presented
the
wrongfully
filed
30
record
and
to
other
persons,
as
appropriate.
31
DIVISION
IV
32
PROTECTED
INFORMATION
33
Sec.
10.
Section
331.604,
subsection
3,
Code
2021,
is
34
amended
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
f.
Upon
request
by
a
law
enforcement
1
officer,
as
defined
in
section
80B.3,
or
state
or
federal
2
judicial
officer
or
state
or
federal
prosecutor,
the
recorder
3
or
the
recorder’s
staff
shall
redact
the
requestor’s
name
4
contained
in
electronic
documents
that
are
displayed
for
public
5
access
through
an
internet
site.
This
paragraph
does
not
apply
6
to
a
requestor
holding
or
seeking
public
office.
The
recorder
7
shall
implement
and
maintain
a
process
to
facilitate
these
8
requests.
A
fee
shall
not
be
charged
for
the
administration
9
of
this
paragraph.
10
Sec.
11.
Section
622.10,
subsection
9,
paragraphs
a
and
b,
11
Code
2021,
are
amended
to
read
as
follows:
12
a.
A
peer
support
group
counselor
or
individual
present
13
for
a
group
crisis
intervention
who
obtains
information
from
14
an
officer
or
a
civilian
employee
of
a
law
enforcement
agency
15
or
fire
department
by
reason
of
the
counselor’s
capacity
as
a
16
peer
support
group
counselor
or
an
individual’s
presence
for
17
a
group
crisis
intervention
shall
not
be
allowed,
in
giving
18
testimony,
to
disclose
any
confidential
communication
properly
19
entrusted
to
the
counselor
or
individual
present
for
a
group
20
crisis
intervention
by
the
officer
or
civilian
employee
while
21
receiving
counseling
or
group
crisis
intervention
.
22
b.
The
prohibition
in
this
subsection
does
not
apply
23
where
the
officer
or
civilian
employee
has
consented
to
the
24
disclosure
of
the
information
specified
in
paragraph
“a”
or
25
where
the
peer
support
group
counselor
or
individual
present
26
for
a
group
crisis
intervention
was
an
initial
responding
27
officer,
a
witness,
or
a
party
to
the
incident
which
prompted
28
the
delivery
of
peer
support
group
counseling
services
or
the
29
group
crisis
intervention
to
the
officer
or
civilian
employee
.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
qualified
immunity
of
law
enforcement
34
officers,
the
peace
officer,
public
safety,
and
emergency
35
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personnel
bill
of
rights,
uniform
commercial
code
filings,
and
1
protected
information
of
law
enforcement
officers
and
state
2
or
federal
judicial
officers
and
prosecutors.
The
bill
is
3
organized
into
divisions.
4
DIVISION
I
——
QUALIFIED
IMMUNITY.
Under
the
bill,
the
5
general
assembly
finds
that
qualified
immunity
is
intended
6
for
all
law
enforcement
officers
except
for
law
enforcement
7
officers
who
are
incompetent
or
knowingly
violate
the
law
and
8
that
as
the
United
States
supreme
court
has
observed,
qualified
9
immunity
balances
the
need
to
hold
law
enforcement
officers
10
accountable
when
law
enforcement
officers
exercise
their
11
power
irresponsibly
and
the
need
to
shield
law
enforcement
12
officers
from
harassment,
distraction,
and
liability
when
law
13
enforcement
officers
perform
their
duties
reasonably.
14
The
bill
defines
“law
enforcement
officer”
to
mean
any
15
federal,
state,
tribal,
or
local
official
who
is
authorized
16
by
law
to
engage
in
or
supervise
the
prevention,
detection,
17
investigation,
or
incarceration
of
any
person
for
any
violation
18
of
law,
and
has
statutory
powers
of
arrest,
apprehension,
19
detention,
or
incarceration.
“Law
enforcement
officers”
20
include
but
are
not
limited
to
peace
officers,
employees
of
21
the
department
of
public
safety,
employees
of
the
department
22
of
corrections,
and
employees
of
a
judicial
district’s
23
department
of
correctional
services.
The
bill
defines
“action
24
for
damages”
to
mean
any
case
brought
in
a
court
organized
25
under
the
laws
of
this
state
in
which
the
plaintiff
seeks
any
26
amount
of
monetary
compensation,
including
but
not
limited
to
27
claims
alleging
constitutional
or
statutory
violations.
The
28
bill
defines
“constitution”
to
mean
the
Constitution
of
the
29
United
States
or
the
Constitution
of
the
State
of
Iowa.
The
30
bill
defines
“other
law”
to
mean
any
statutory
or
common
law,
31
whether
federal
or
state.
32
The
bill
provides
that
a
law
enforcement
officer
subject
33
to
any
action
for
damages
in
the
law
enforcement
officer’s
34
individual
capacity
shall
not
be
found
liable
if
such
law
35
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enforcement
officer
is
entitled
to
qualified
immunity.
If
a
1
constitutional
or
statutory
right
was
not
clearly
established
2
at
the
time
of
the
alleged
deprivation
by
the
law
enforcement
3
officer,
or
at
that
time,
the
state
of
the
law
was
not
4
sufficiently
clear
that
a
reasonable
law
enforcement
officer
5
would
have
understood
that
the
conduct
alleged
constituted
a
6
violation
of
law,
then
the
officer
is
entitled
to
qualified
7
immunity.
The
plaintiff
must
plead
facts
showing
that
the
law
8
enforcement
officer
violated
a
right,
and
bears
the
burden
of
9
establishing
that
the
alleged
right
was
clearly
established
at
10
the
time
the
law
enforcement
officer’s
conduct
occurred.
11
The
bill
provides
liability
protection
for
an
agency
or
12
political
subdivision
who
employed
a
law
enforcement
officer
13
subject
to
an
action
governed
under
the
new
Code
chapter
shall
14
not
be
liable
if
the
law
enforcement
officer
is
found
not
15
liable
under
the
provisions
of
the
bill
and
the
law
enforcement
16
officer
was
acting
within
the
scope
of
employment
with
the
17
agency
or
political
subdivision.
18
The
bill
provides
that
the
applicability
of
the
new
Code
19
chapter
supersedes
any
other
provision
of
Iowa
law
that
20
provides
less
protection
to
law
enforcement
officers.
21
DIVISION
II
——
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
22
PERSONNEL
BILL
OF
RIGHTS.
The
bill
modifies
the
definition
23
of
“complaint”
in
Code
section
80F.1
(peace
officer,
public
24
safety,
and
emergency
personnel
bill
of
rights)
to
mean
a
25
formal
written
allegation
signed
by
the
complainant
or
a
signed
26
written
statement
by
an
officer
receiving
an
oral
complaint
27
stating
the
complainant’s
allegation.
28
The
bill
provides
that
an
officer
shall
be
immediately
29
notified
in
writing
of
any
preliminary
results
from
a
formal
30
administrative
investigation
and
any
recommendations
for
the
31
disposition
of
the
complaint
and
discipline.
Upon
initiation
32
of
the
formal
administrative
investigation,
an
officer
shall
33
be
promptly
served
with
written
notice
of
the
complaint,
be
34
informed
of
the
officer’s
right
to
counsel,
and
be
provided
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with
a
copy
of
the
peace
officer
bill
of
rights.
The
written
1
notice
shall
include:
names
of
all
the
complainants,
alleged
2
date
of
the
occurrence,
summary
of
the
factual
allegations,
and
3
the
name
and
rank
or
title
of
the
investigator
in
charge
of
the
4
formal
administrative
investigation.
5
The
bill
provides
that
the
officer
shall
have
a
right
6
to
legal
counsel
at
the
expense
of
the
officer
during
the
7
interview,
hearings,
or
other
disciplinary
or
administrative
8
proceedings
related
to
the
complaint.
The
officer’s
legal
9
counsel,
union
representative,
or
employee
representative
shall
10
not
be
compelled
to
disclose
during
any
judicial
proceeding
11
any
information
received
from
the
officer
under
investigation
12
or
from
an
agent
of
the
officer.
An
officer’s
legal
counsel,
13
union
representative,
or
employee
representative
shall
not
be
14
subject
to
any
investigation
or
punitive
action
for
refusing
to
15
disclose
any
information.
The
bill
provides
that
the
officer
16
and
officer’s
legal
counsel
may
coordinate
and
communicate
in
17
confidence
with
the
officer’s
designated
union
representative
18
or
employee
representative
and
those
communications
shall
not
19
be
subject
to
discovery.
20
The
bill
provides
that
if
a
formal
administrative
21
investigation
results
in
removal,
discharge,
suspension,
or
22
other
disciplinary
action
against
the
officer,
the
complete
23
investigative
reports
shall
be
timely
provided
to
the
officer
24
or
officer’s
legal
counsel
upon
request
at
the
completion
of
25
the
investigation.
26
The
bill
provides
that
an
officer’s
personal
information
27
shall
be
redacted
from
any
record
prior
to
the
record’s
release
28
to
the
public.
An
officer’s
photograph
or
unredacted
personal
29
information
may
be
released
to
the
officer’s
legal
counsel,
30
union
representative,
or
designated
employee
representative
31
upon
the
officer’s
request.
32
The
bill
provides
that
an
officer
may
bring
a
private
cause
33
of
action,
including
but
not
limited
to
an
action
for
money
34
damages,
against
any
person
for
filing
a
false
complaint
35
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against
the
officer.
1
The
bill
provides
that
an
officer’s
personal
information,
2
including
certain
personal
information
specified
in
the
bill,
3
shall
be
confidential
and
shall
be
redacted
from
any
record
4
prior
to
the
record’s
release
to
the
public
by
an
employing
5
agency.
The
bill
provides
that
the
following
information
shall
6
also
be
kept
confidential:
an
officer’s
statement,
recordings,
7
or
transcripts
of
any
interviews
or
disciplinary
proceedings,
8
and
any
complaints
made
against
an
officer.
9
The
bill
provides
that
an
agency
shall
provide
training
to
10
any
person
who
performs
or
supervises
an
investigation
under
11
the
bill.
The
Iowa
law
enforcement
academy
shall
adopt
minimum
12
training
standards
not
inconsistent
with
the
bill
including
13
training
standards
concerning
interviewing
an
officer
subject
14
to
a
complaint.
15
The
bill
provides
that
upon
request,
the
employing
agency
16
shall
provide
to
a
requesting
officer
or
the
officer’s
legal
17
counsel
a
copy
of
the
officer’s
personnel
file
and
training
18
records
regardless
of
whether
the
officer
is
subject
to
a
19
formal
administrative
investigation
at
the
time
of
the
request.
20
DIVISION
III
——
FRAUDULENT
FILINGS
——
UNIFORM
COMMERCIAL
21
CODE.
The
bill
provides
that
a
filing
office
may
refuse
to
22
accept
a
financing
statement
that
is
determined
to
not
have
23
been
created
pursuant
to
the
UCC,
is
intended
for
an
improper
24
purpose,
names
the
same
person
as
both
the
debtor
and
the
25
secured
party,
describes
collateral
not
within
the
scope
26
of
applicable
law,
or
is
filed
for
a
purpose
other
than
a
27
transaction
within
the
scope
of
the
UCC.
If
the
filing
office
28
becomes
aware
that
a
financial
statement
or
other
record
was
29
not
created
pursuant
to
the
UCC
or
was
intended
for
an
improper
30
purpose,
the
filing
office
shall
review
the
record
and
relevant
31
circumstance,
and
determine
if
the
record
was
wrongfully
filed.
32
If
the
record
is
wrongfully
filed,
it
shall
be
deemed
void
and
33
ineffective
and
the
filing
office
shall
remove
the
record
from
34
the
index
and
communicate
that
to
the
person
who
filed
the
35
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record
and
to
other
persons,
as
appropriate.
1
DIVISION
IV
——
PROTECTED
INFORMATION.
The
bill
provides
2
that
upon
request
by
a
law
enforcement
officer,
state
or
3
federal
judicial
officer
or
prosecutor,
the
recorder
or
the
4
recorder’s
staff
shall
redact
the
requester’s
name
contained
in
5
electronic
documents
displayed
for
public
access,
unless
the
6
person
is
holding
or
seeking
public
office.
A
fee
shall
not
be
7
charged
to
redact
the
requester’s
name.
8
The
bill
provides
that
a
peer
support
group
counselor
9
or
individual
present
for
a
group
crisis
intervention
who
10
obtains
information
from
a
law
enforcement
officer,
fire
11
fighter,
or
civilian
employee
of
a
law
enforcement
agency
or
12
fire
department
shall
not
be
allowed,
in
giving
testimony,
to
13
disclose
any
confidential
communication
properly
entrusted
to
14
the
counselor
or
individual
by
the
law
enforcement
officer,
15
fire
fighter,
or
civilian
employee
while
receiving
counseling.
16
However,
the
law
enforcement
officer,
fire
fighter,
or
civilian
17
employee
may
consent
to
the
disclosure.
Under
current
law,
18
this
evidentiary
rule
applies
to
communications
between
peer
19
support
group
counselors
and
law
enforcement
officers
or
fire
20
fighters.
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