HSB 709 (LSB 6297YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE)

A BILL FOR

An Act relating to law enforcement officers and reserve peace officers, including the revocation or suspension of certification by the Iowa law enforcement academy council, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications in professional confidence, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80B.13A, subsection 1, paragraphs a and b, Code 2024, are amended to read as follows:
   a.  “Final” means that all appeals through a grievance procedure, civil service action, or other cause of action or procedure available to the officer or civil service have been exhausted.
   b.  “Serious misconduct” means improper or illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties including but not limited to a conviction for a felony, fabrication of evidence, repeated use of excessive force in violation of law, acceptance of a bribe, or the commission of fraud.
    Sec. 2.  Section 80B.13A, subsection 2, paragraph c, Code 2024, is amended to read as follows:
   c.  Left, Knowingly left or voluntarily quit, or been laid off when the officer was notified of a disciplinary investigation or action was imminent or pending which could that would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct.
    Sec. 3.  Section 80B.13A, subsection 3, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   The council may revoke or suspend the certification of a law enforcement officer or reserve peace officer and may publicly or privately reprimand a law enforcement officer, reserve peace officer, or employing agency due to any of the following:
    Sec. 4.  Section 80B.13A, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  A decision of the council to revoke the certification of a law enforcement officer or reserve peace officer, to suspend a law enforcement officer or reserve peace officer’s certification, or any other action against an officer or employing agency shall be made by a majority vote of the council.
   NEW SUBSECTION.  4A.  An action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within one hundred eighty days from the date the law enforcement officer or reserve peace officer has exhausted all actions, appeals, or procedures available to the officer.
    Sec. 5.  Section 80B.13A, subsection 4, Code 2024, is amended to read as follows:
   4.  a.  An employing agency shall notify the council within ten days of any termination of employment of a law enforcement officer or appointment as a reserve peace officer. The notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct, or whether the officer left, voluntarily quit, or was laid off when was notified of a disciplinary investigation or action was imminent or pending which could that would have resulted in the officer being discharged or removed for serious misconduct, whether the officer left or voluntarily quit, and whether the action taken by the agency is final.
   b.  If after the employing agency submits a notification under this subsection, the law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, appeals, grieves, brings a cause of action under section 80F.1, subsection 13, or contests the officer’s termination as provided by law, the employing agency shall notify the council in writing within ten days of the filing of such action by the officer.
   c.  Upon request by the council, the employing agency shall provide any additional information or documentation about the officer including confidential records or information under section 22.7 or other applicable law to the council.
    Sec. 6.  Section 80F.1, subsection 1, paragraphs c and f, Code 2024, are amended to read as follows:
   c.  “Formal administrative investigation” means an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint, which may be the basis for administrative charges seeking the removal, discharge, or suspension, or other disciplinary action against the officer.
   f.  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician, paramedic, medical provider, corrections officer, detention officer, jailer, probation or parole officer, communications officer public safety telecommunicator, dispatcher, or any other law enforcement officer certified in training or whose certification is governed by the Iowa law enforcement academy, and employed by a municipality, county, or state agency.
    Sec. 7.  Section 80F.1, subsection 5, Code 2024, is amended to read as follows:
   5.  a.  An officer who is the subject of a complaint, shall at a minimum, be provided a written summary of the complaint prior to an interview. If a collective bargaining agreement applies, the complaint or written summary shall be provided pursuant to the procedures established under the collective bargaining agreement. If the complaint alleges domestic abuse, sexual abuse, workplace harassment, or sexual harassment, an officer shall not receive more than a written summary of the complaint.
   b.  Upon written request of the officer or the officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to an interview of the officer. Nothing in this paragraph shall be construed to constitute a disclosure of public records.
    Sec. 8.  Section 622.10, subsection 9, paragraph a, Code 2024, is amended to read as follows:
   a.  A peer support group counselor or individual present for a individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention, including in giving testimony.
    Sec. 9.  Section 622.10, subsection 9, paragraph c, subparagraphs (1) and (2), Code 2024, are amended to read as follows:
   (1)  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician or medical provider, paramedic, corrections officer, detention officer, jailer, probation or parole officer, communications officer public safety telecommunicator, dispatcher, emergency management coordinator under chapter 29C, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a city, county, or state agency.
   (2)  “Peer support group counselor” “Peer support counselor” means a law enforcement officer, fire fighter, civilian employee of a law enforcement agency or fire department, or a nonemployee counselor who has been designated as a peer support group counselor by a sheriff, police chief, fire chief, or department head of a law enforcement agency, fire department, or emergency medical services agency, and who has received training to provide emotional and moral support and counseling to an officer or group who needs those services as a result of an incident in which the officer or group was involved while acting in the officer’s or group’s official capacity.
    Sec. 10.  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 law enforcement officers and reserve peace officers, including the revocation or suspension of certification by the Iowa law enforcement academy council, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications in professional confidence.
   The bill provides that a “final” decision for purposes of the revocation or suspension of the certification of a law enforcement officer or peace officer by the council means that all appeals through a grievance procedure, civil service action, or other action or procedure available to the officer have been exhausted, and “serious misconduct” includes the repeated use of excessive force in violation of law.
   The bill provides that the 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 knowingly left or voluntarily quit when the officer was notified of a disciplinary investigation or action that would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct.
   The bill provides that the council may revoke or suspend the certification of a law enforcement officer or reserve peace officer and may publicly or privately reprimand a law enforcement officer, reserve peace officer, or employing agency due to any of the following: a violation of any rules authorized and adopted by the council; when an employing agency recommends to the council that revocation or suspension would be appropriate; or when the attorney general recommends that revocation or suspension would be appropriate.
   The bill amends current law to provide that notification of the council by an employing agency of any termination of employment of a law enforcement officer or appointment as a reserve peace officer must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct, whether the officer was notified of a disciplinary investigation or action that would have resulted in the officer being discharged or removed for serious misconduct, whether the officer left or voluntarily quit, and whether the action taken by the agency is final.
   The bill provides that if a law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, appeals, grieves, brings a cause of action under Code section 80F.1(13), or contests the officer’s termination, the employing agency shall notify the council in writing within 10 days of the filing of such action by the officer.
   The bill provides that a decision of the council to revoke the certification of a law enforcement officer or reserve peace officer, to suspend the certification of a law enforcement officer or reserve peace officer, or any other action against an officer or employing agency shall be made by a majority vote of the council. An action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within 180 days from the date the council was notified of the grounds for the revocation or suspension.
   The bill amends the definition of “formal administrative investigation”, in relation to formal administrative investigations of officers, to include an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint filed against the officer. The bill amends the definition of “officer” to include a paramedic, a medical provider, a public safety telecommunicator, a dispatcher, and any other law enforcement officer in training or whose certification is governed by the Iowa law enforcement academy, and employed by a municipality, county, or state agency.
   The bill provides that upon written request of an officer or an officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to an interview of the officer. The bill provides that the provision of the report and audio and video recordings shall not be construed to constitute a disclosure of public records.
   The bill provides that a peer support counselor or individual present for individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention, including in giving testimony.
   The bill takes effect upon enactment.