House File 2592 - Introduced HOUSE FILE 2592 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2295) A BILL FOR An Act relating to the placement of a police officer on a 1 Brady-Giglio list, including the right of a police officer 2 to petition the court and the standard of proof required for 3 actions regarding such placement. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6072HV (2) 90 as/js
H.F. 2592 Section 1. Section 80F.1, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 25. An officer shall have the right 3 to petition the district court, appeal, or intervene in an 4 action regarding a prosecuting agency’s decision to place an 5 officer on a Brady-Giglio list. The district court shall 6 have jurisdiction over the review of the prosecuting agency’s 7 decision. The district court shall perform an in camera review 8 of the of the evidence and may hold a closed hearing upon the 9 request of the officer or prosecuting agency, or upon the 10 court’s own motion. The district court may affirm, modify, 11 or reverse a prosecuting agency’s decision, and issue orders 12 or provide relief, including removal of the officer from a 13 Brady-Giglio list, as justice may require. Evidence presented 14 to the district court shall be provided under seal and kept 15 confidential unless otherwise provided by law and ordered by 16 the district court. 17 Sec. 2. NEW SECTION . 80F.3 Standard of proof. 18 The standard of proof for an allegation, administrative 19 charge, complaint, cause of action, claim, or defense under 20 this chapter shall be a preponderance of the evidence unless a 21 higher standard of proof is required by law. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the right of a police officer to 26 petition the court regarding placement on a Brady-Giglio list 27 by a prosecuting agency, and establishes the standard of proof 28 required for actions under Code chapter 80F. 29 The bill provides that an officer shall have the right to 30 petition the district court, appeal, or intervene in an action 31 regarding a prosecuting agency’s decision to place an officer 32 on a Brady-Giglio list. The district court has jurisdiction 33 over the review of the prosecuting agency’s decision. The 34 district court shall perform an in camera review of the 35 -1- LSB 6072HV (2) 90 as/js 1/ 2
H.F. 2592 evidence and may hold a closed hearing upon the request of the 1 officer or prosecuting agency, or upon the court’s own motion. 2 The court may affirm, modify, or reverse a prosecuting agency’s 3 decision, and issue orders or provide relief, including removal 4 of the officer from a Brady-Giglio list. Evidence presented 5 to the district court shall be provided under seal and kept 6 confidential unless otherwise provided by law and ordered by 7 the district court. 8 The bill provides that the standard of proof for an 9 allegation, administrative charge, complaint, cause of 10 action, claim, or defense under Code chapter 80F shall be a 11 preponderance of the evidence unless a higher standard of proof 12 is required by law. 13 -2- LSB 6072HV (2) 90 as/js 2/ 2