HF 2597 (LSB 5848HV (1) 90)

HOUSE FILE 2597

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2413)

A BILL FOR

An Act relating to the revocation or suspension of a law enforcement officer’s certification or a reserve peace officer’s certification.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80B.13A, subsection 2, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Has twice been convicted of a violation of section 321J.2, with the second or subsequent conviction occurring on or after July 1, 2024, regardless of whether the currently certified law enforcement officer or reserve peace officer is currently employed by a law enforcement agency or not and regardless of whether the currently certified law enforcement officer or reserve peace officer was employed at the time of the violation or conviction. For purposes of this paragraph, “convicted” means found guilty of or pled guilty to a violation of section 321J.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the revocation or suspension of a law enforcement officer’s certification or a reserve peace officer’s certification.
   The bill provides that the law enforcement academy council shall revoke the certification of a law enforcement officer or reserve peace officer upon a finding that the law enforcement officer or reserve peace officer has twice pled guilty to or been convicted of operating while under the influence of alcohol or a drug, while having an alcohol concentration of .08 or more, or while any amount of a controlled substance was present in the officer, as measured in the officer’s blood or urine. The second or subsequent conviction must occur after July 1, 2024, for the officer to be decertified, regardless of whether the currently certified officer is currently employed by a law enforcement agency, and regardless of whether the currently certified officer was employed at the time of the violation or conviction.