HSB 188 (LSB 2238YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON THOMPSON)

A BILL FOR

An Act relating to the rights of peace officers and public safety and emergency personnel, Brady-Giglio list policy, and confidential information, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  “Brady-Giglio list” means a list compiled by a prosecuting agency containing the names and details of officers who have sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue which places the officer’s credibility into question. This paragraph is repealed July 1, 2023.
    Sec. 2.  Section 80F.1, subsection 24, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  A prosecuting agency shall keep confidential and shall not release to the public an officer’s personnel file, medical records, or any statement, recording, transcript, or complaint protected under subsection 20, to the public. Nothing in this paragraph shall be construed to prohibit the release of records to the officer or the officer’s legal counsel as required under this section upon the request of the officer or the officer’s legal counsel or as otherwise provided by law or court order.
    Sec. 3.  Section 80F.1, subsection 24, paragraph i, Code 2023, is amended by striking the paragraph.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 rights of peace officers and public safety and emergency personnel, Brady-Giglio list policy, and confidential information.
   Current law provides that the definition of “Brady-Giglio list” and Code section 80F.1(24) concerning the policies and procedures to be followed by a prosecuting agency that maintains a Brady-Giglio list shall be repealed on July 1, 2023. The bill removes the repeal provisions in the Code section.
   The bill provides that a prosecuting agency shall keep confidential and shall not release to the public an officer’s personnel file, medical records, or any statement, recording, transcript, or complaint to the public. This shall not be construed to prohibit the release of records to the officer or the officer’s legal counsel upon the request of the officer or the officer’s legal counsel, or as otherwise provided by law or court order.
   The bill takes effect upon enactment.