House Study Bill 738 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to law enforcement, including the enforcement 1 of state, local, and municipal laws at regents institutions, 2 personal injury or illness of a peace officer employed by 3 a regents institution, the revocation or suspension of 4 a law enforcement officer’s or reserve peace officer’s 5 certification, administrative investigations under the peace 6 officer, public safety, and emergency personnel bill of 7 rights, and communications in professional confidence. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 6355YC (4) 90 as/js

H.F. _____ DIVISION I 1 ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS 2 Section 1. Section 27B.1, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 3. “Regents institution” means the state 5 university of Iowa, Iowa state university of science and 6 technology, or the university of northern Iowa. “Regents 7 institution” includes an appointed official, officer, or 8 employee of a division, department, or other body that is 9 part of a regents institution, including but not limited to 10 the department of public safety, human resources, or general 11 counsel. 12 Sec. 2. Section 27B.2, Code 2024, is amended to read as 13 follows: 14 27B.2 Restriction on enforcement of state, local, and 15 municipal law prohibited. 16 A local entity , regents institution, or law enforcement 17 department shall not adopt or enforce a policy or take any 18 other action under which the local entity , regents institution, 19 or law enforcement department prohibits or discourages the 20 enforcement of state, local, or municipal laws. 21 Sec. 3. Section 27B.4, Code 2024, is amended to read as 22 follows: 23 27B.4 Complaints —— notification —— civil action. 24 1. Any person may file a complaint with the attorney 25 general alleging that a local entity or regents institution 26 has violated or is violating this chapter if the person offers 27 evidence to support such an allegation. The person shall 28 include with the complaint any evidence the person has in 29 support of the complaint. 30 2. The attorney general shall review the complaint and 31 any evidence in support of the complaint. A local entity 32 or regents institution for which the attorney general has 33 received a complaint pursuant to this section shall comply 34 with any reasonable document requests, including a request 35 -1- LSB 6355YC (4) 90 as/js 1/ 14

H.F. _____ for supporting documents, from the attorney general relating 1 to the complaint. The attorney general shall maintain the 2 confidentiality of all information and records of a local 3 entity or regents institution produced in response to a 4 document request relating to the complaint unless otherwise 5 provided by law or a court order. 6 3. A complaint filed pursuant to subsection 1 shall not be 7 valid unless the attorney general determines that a violation 8 of this chapter by a local entity or regents institution was 9 intentional or in reckless disregard for public safety . 10 4. If the attorney general determines that a complaint filed 11 pursuant to this section against a local entity or regents 12 institution is valid, the attorney general, not later than ten 13 days after the date of such a determination, shall provide 14 written notification to the local entity or regents institution 15 by certified mail, with return receipt requested, stating all 16 of the following: 17 a. A complaint pursuant to this section has been filed and 18 the grounds for the complaint. 19 b. The attorney general has determined that the complaint is 20 valid. 21 c. The attorney general is authorized to file a civil 22 action in district court pursuant to subsection 6 to enjoin a 23 violation of this chapter no later than forty days after the 24 date on which the notification is received if the local entity 25 or regents institution does not come into compliance with the 26 requirements of this chapter . 27 d. The local entity or regents institution and any entity 28 that is under the jurisdiction of the local entity or regents 29 institution will be denied state funds pursuant to section 30 27B.5 for the state fiscal year following the year in which a 31 final judicial determination in a civil action brought under 32 this section is made. 33 5. No later than thirty days after the date on which a local 34 entity or regents institution receives written notification 35 -2- LSB 6355YC (4) 90 as/js 2/ 14

H.F. _____ under subsection 4 , the local entity or regents institution 1 shall provide the attorney general with all of the following: 2 a. Copies of all of the local entity’s or regents 3 institution’s written policies relating to the complaint. 4 b. A description of all actions the local entity or regents 5 institution has taken or will take to correct any violations of 6 this chapter . 7 c. If applicable, any evidence that would refute the 8 allegations made in the complaint. 9 6. No later than forty days after the date on which the 10 notification pursuant to subsection 4 is received, the attorney 11 general shall file a civil action in district court to enjoin 12 any ongoing violation of this chapter by a local entity or 13 regents institution . 14 7. The district court shall have jurisdiction over an action 15 brought pursuant to this section. The attorney general shall 16 have the burden of proof by a preponderance of the evidence to 17 establish a violation of this chapter. 18 Sec. 4. Section 27B.6, subsections 1, 2, and 5, Code 2024, 19 are amended to read as follows: 20 1. Except as provided by subsection 5 , no earlier than 21 ninety days after the date of a final judicial determination 22 that a local entity or regents institution has intentionally 23 violated the provisions of this chapter , the local entity or 24 regents institution may petition the district court that heard 25 the civil action brought pursuant to section 27B.4, subsection 26 6 , to seek a declaratory judgment that the local entity or 27 regents institution is in full compliance with this chapter . 28 2. A local entity or regents institution that petitions 29 the court as described by subsection 1 shall comply with 30 any document requests, including a request for supporting 31 documents, from the attorney general relating to the action. 32 5. A local entity or regents institution may petition the 33 court as described in subsection 1 before the date provided in 34 subsection 1 if the person who was the director or other chief 35 -3- LSB 6355YC (4) 90 as/js 3/ 14

H.F. _____ officer of the local entity or regents institution at the time 1 of the violation of this chapter is subsequently removed from 2 or otherwise leaves office or employment . 3 Sec. 5. NEW SECTION . 27B.8 Good-faith complaint —— no 4 retaliation. 5 A local entity or regents institution shall not blacklist 6 or retaliate against an employee or official who makes 7 a good-faith complaint under this chapter or who gives a 8 statement or testimony in proceedings related to the complaint 9 or action. A local entity or regents institution that 10 retaliates against an employee who makes a good-faith complaint 11 under this chapter is liable to an aggrieved employee for 12 affirmative relief including reinstatement, civil damages, 13 and any other equitable relief the court deems appropriate, 14 including attorney fees and costs. 15 DIVISION II 16 PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS 17 INSTITUTIONS 18 Sec. 6. NEW SECTION . 262.13A Peace officers —— personal 19 injury or illness. 20 A regents institution employing a peace officer who sustains 21 a personal injury or illness that arises out of and in the 22 course of employment shall not remove, discharge, involuntarily 23 transfer, or take adverse employment action against the peace 24 officer due to temporary or permanent restrictions that limit 25 or prohibit the peace officer from working special events, 26 overtime, or a specific shift provided the peace officer is 27 able to work any regular shift with or without reasonable 28 accommodations. 29 DIVISION III 30 IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION OR SUSPENSION OF 31 CERTIFICATION 32 Sec. 7. Section 80B.13A, subsection 1, paragraphs a and b, 33 Code 2024, are amended to read as follows: 34 a. “Final” means that all appeals through a grievance 35 -4- LSB 6355YC (4) 90 as/js 4/ 14

H.F. _____ procedure , civil service action, or other cause of action or 1 procedure available to the officer or civil service have been 2 exhausted. 3 b. “Serious misconduct” means improper or illegal actions 4 taken by a law enforcement officer or reserve peace officer in 5 connection with the officer’s official duties including but not 6 limited to a conviction for a felony, fabrication of evidence, 7 repeated use of excessive force in violation of law , acceptance 8 of a bribe, or the commission of fraud. 9 Sec. 8. Section 80B.13A, subsection 2, paragraph c, Code 10 2024, is amended to read as follows: 11 c. Left, Knowingly left or voluntarily quit , or been 12 laid off when the officer was notified of a disciplinary 13 investigation or action was imminent or pending which could 14 that would have resulted in the law enforcement officer being 15 discharged or the reserve peace officer being removed for 16 serious misconduct, if the council determines that the officer 17 engaged in serious misconduct. 18 Sec. 9. Section 80B.13A, subsection 3, unnumbered paragraph 19 1, Code 2024, is amended to read as follows: 20 The council may revoke or suspend the certification of a law 21 enforcement officer or reserve peace officer and may publicly 22 or privately reprimand a law enforcement officer, reserve peace 23 officer, or employing agency due to any of the following: 24 Sec. 10. Section 80B.13A, Code 2024, is amended by adding 25 the following new subsections: 26 NEW SUBSECTION . 3A. A decision of the council to revoke 27 the certification of a law enforcement officer or reserve peace 28 officer, to suspend a law enforcement officer or reserve peace 29 officer’s certification, or any other action against an officer 30 or employing agency shall be made by a majority vote of the 31 council. 32 NEW SUBSECTION . 4A. An action for revocation or suspension 33 of the certification of a law enforcement officer or reserve 34 peace officer shall not be maintained by the council unless the 35 -5- LSB 6355YC (4) 90 as/js 5/ 14

H.F. _____ action is commenced within one hundred eighty days from the 1 date the law enforcement officer or reserve peace officer has 2 exhausted all actions, appeals, or procedures available to the 3 officer. 4 Sec. 11. Section 80B.13A, subsection 4, Code 2024, is 5 amended to read as follows: 6 4. a. An employing agency shall notify the council within 7 ten days of any termination of employment of a law enforcement 8 officer or appointment as a reserve peace officer. The 9 notification must state whether the law enforcement officer or 10 reserve peace officer was discharged or removed for serious 11 misconduct , or whether the officer left, voluntarily quit, or 12 was laid off when was notified of a disciplinary investigation 13 or action was imminent or pending which could that would have 14 resulted in the officer being discharged or removed for serious 15 misconduct , whether the officer left or voluntarily quit, and 16 whether the action taken by the agency is final . 17 b. If after the employing agency submits a notification 18 under this subsection, the law enforcement officer or reserve 19 peace officer exercises any right to hold the decision of an 20 employing agency in abeyance, appeals, grieves, brings a cause 21 of action under section 80F.1, subsection 13, or contests the 22 officer’s termination as provided by law, the employing agency 23 shall notify the council in writing within ten days of the 24 filing of such action by the officer. 25 c. Upon request by the council, the employing agency shall 26 provide any additional information or documentation about the 27 officer including confidential records or information under 28 section 22.7 or other applicable law to the council. 29 DIVISION IV 30 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF 31 RIGHTS —— ADMINISTRATIVE INVESTIGATIONS 32 Sec. 12. Section 80F.1, subsection 1, paragraphs c, e, and 33 f, Code 2024, are amended to read as follows: 34 c. “Formal administrative investigation” means an 35 -6- LSB 6355YC (4) 90 as/js 6/ 14

H.F. _____ investigative process ordered by a commanding officer of an 1 agency or commander’s designee during which the investigation 2 and questioning of an officer is intended to gather evidence 3 to determine the merit of a complaint , which may be the basis 4 for administrative charges seeking the removal, discharge, or 5 suspension, or other disciplinary action against the officer. 6 e. “Interview” means the questioning of an officer 7 who is the subject of a complaint pursuant to the formal 8 administrative investigation procedures of the investigating 9 agency, if such a complaint may be the basis for seeking 10 removal, discharge, or suspension, or other disciplinary action 11 against the officer. “Interview” does not include questioning 12 as part of any informal inquiry or questioning related to minor 13 infractions of agency rules which will not result in removal, 14 discharge, suspension, or other disciplinary action against the 15 officer. An interview conducted under this section shall not 16 be construed to be a hearing. 17 f. “Officer” means a certified law enforcement officer, 18 fire fighter, emergency medical technician , paramedic, 19 medical provider , corrections officer, detention officer, 20 jailer, probation or parole officer, communications officer 21 public safety telecommunicator, dispatcher , or any other 22 law enforcement officer certified in training or whose 23 certification is governed by the Iowa law enforcement academy , 24 and who is employed by a municipality, county, or state agency. 25 Sec. 13. Section 80F.1, subsections 5 and 13, Code 2024, are 26 amended to read as follows: 27 5. a. An officer who is the subject of a complaint, shall 28 at a minimum, be provided a written summary of the complaint 29 prior to an interview. If a collective bargaining agreement 30 applies, the complaint or written summary shall be provided 31 pursuant to the procedures established under the collective 32 bargaining agreement. If the complaint alleges domestic abuse, 33 sexual abuse, workplace harassment, or sexual harassment, an 34 officer shall not receive more than a written summary of the 35 -7- LSB 6355YC (4) 90 as/js 7/ 14

H.F. _____ complaint. 1 b. Upon written request of the officer or the officer’s 2 legal counsel, the employing agency shall provide to the 3 officer or the officer’s legal counsel a complete copy of the 4 officer’s incident report and the officer’s video or audio 5 recordings from the incident giving rise to the complaint 6 without unnecessary delay prior to an interview of the officer. 7 Nothing in this paragraph shall be construed to constitute 8 a disclosure of public records. The employing agency shall 9 not charge the officer, officer’s legal counsel, or employee 10 representative a fee for providing the reports and recordings 11 required by this subsection. 12 13. An officer shall have the right to bring a cause of 13 action against any person, group of persons, organization, or 14 corporation for damages arising from the filing of a false 15 complaint against the officer or any other violation of this 16 chapter including but not limited to actual damages, court 17 costs, and reasonable attorney fees. The clerk of the district 18 court shall collect a filing fee of one hundred fifty dollars 19 for the filing of an action under this subsection. 20 DIVISION V 21 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE 22 Sec. 14. Section 622.10, subsection 9, paragraph a, Code 23 2024, is amended to read as follows: 24 a. A peer support group counselor or individual present 25 for a individual or group crisis intervention who obtains 26 information from an officer or a civilian employee of a law 27 enforcement agency , emergency management agency, emergency 28 medical services agency, or fire department by reason of the 29 counselor’s capacity as a peer support group counselor or an 30 individual’s presence for a group crisis intervention shall not 31 be allowed , in giving testimony, to disclose any confidential 32 communication properly entrusted to the counselor or individual 33 present for a group crisis intervention by the officer or 34 civilian employee while receiving counseling or group crisis 35 -8- LSB 6355YC (4) 90 as/js 8/ 14

H.F. _____ intervention , including in giving testimony . 1 Sec. 15. Section 622.10, subsection 9, paragraph c, 2 subparagraphs (1) and (2), Code 2024, are amended to read as 3 follows: 4 (1) “Officer” means a certified law enforcement officer, 5 fire fighter, emergency medical technician or medical provider , 6 paramedic, corrections officer, detention officer, jailer, 7 probation or parole officer, communications officer public 8 safety telecommunicator , dispatcher, emergency management 9 coordinator under chapter 29C , or any other law enforcement 10 officer certified by the Iowa law enforcement academy and 11 employed by a city, county, or state agency. 12 (2) “Peer support group counselor” “Peer support counselor” 13 means a law enforcement officer, fire fighter, civilian 14 employee of a law enforcement agency or fire department, or a 15 nonemployee counselor who has been designated as a peer support 16 group counselor by a sheriff, police chief, fire chief, or 17 department head of a law enforcement agency, fire department, 18 or emergency medical services agency , and who has received 19 training to provide emotional and moral support and counseling 20 to an officer or group who needs those services as a result of 21 an incident in which the officer or group was involved while 22 acting in the officer’s or group’s official capacity. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to law enforcement, including the 27 enforcement of state, local, and municipal laws at regents 28 institutions, personal injury or illness of a peace officer 29 employed by a regents institution, the revocation or suspension 30 of a law enforcement officer’s or reserve peace officer’s 31 certification, administrative investigations under the peace 32 officer, public safety, and emergency personnel bill of rights, 33 and communications made in professional confidence. The bill 34 is organized by divisions. 35 -9- LSB 6355YC (4) 90 as/js 9/ 14

H.F. _____ DIVISION I —— ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL 1 LAWS (CODE CHAPTER 27B). The bill defines “regents 2 institution” for purposes of the bill as the state university 3 of Iowa, Iowa state university of science and technology, or 4 the university of northern Iowa, and includes an appointed 5 official, officer, or employee of a division, department, or 6 other body that is part of a regents institution, including 7 but not limited to the department of public safety, human 8 resources, or general counsel. 9 The bill amends current law relating to restrictions on the 10 enforcement of state, local, and municipal laws by a local 11 entity or law enforcement department to include a regents 12 institution. The bill provides that a regents institution 13 shall not adopt or enforce a policy or take any other action 14 under which the regents institution prohibits or discourages 15 the enforcement of state, local, or municipal laws. 16 The bill amends current law to provide that any person may 17 file a complaint with the attorney general alleging that a 18 regents institution has violated the provisions of Code chapter 19 27B relating to the enforcement of state, local, or municipal 20 laws. The attorney general shall review the complaint and any 21 evidence in support of the allegation. 22 The bill provides that a local entity or regents institution 23 for which the attorney general has received a complaint shall 24 comply with any reasonable document requests. The attorney 25 general will maintain the confidentiality of a local entity’s 26 or regents institution’s records produced in response to a 27 document request. A complaint shall not be valid unless the 28 attorney general determines that a violation by a local entity 29 or regents institution was intentional or in reckless disregard 30 for public safety. 31 Current law provides that if the attorney general determines 32 that a complaint against a local entity is valid, written 33 notification shall be provided to the local entity. Within 30 34 days, the local entity shall provide the attorney general with 35 -10- LSB 6355YC (4) 90 as/js 10/ 14

H.F. _____ the following: copies of all of the local entity’s written 1 policies relating to the complaint, a description of all 2 actions the local entity has taken or will take to correct any 3 violations, and any evidence that would refute the allegations 4 made in the complaint. The attorney general shall file a civil 5 action in district court to enjoin any ongoing violation of 6 Code chapter 27B by a local entity. No earlier than 90 days 7 after a final judicial determination that a local entity has 8 intentionally prohibited or discouraged the enforcement of 9 state, local, or municipal laws, the local entity may petition 10 the district court to seek a declaratory judgment that the 11 local entity is in compliance with Code chapter 27B. A local 12 entity will be denied state funds for the state fiscal year 13 in which a judicial determination in a civil action is made. 14 The bill makes all of these provisions applicable to regents 15 institutions. 16 The bill provides that the district court shall have 17 jurisdiction in all actions brought under Code chapter 27B, and 18 the attorney general has the burden of proof by a preponderance 19 of the evidence to prove violations of the Code chapter. 20 The bill provides that a local entity or regents institution 21 shall not blacklist or retaliate against an employee or 22 official who makes a good-faith complaint or who gives a 23 statement or testimony in proceedings related to the complaint 24 or action. A local entity or regents institution that 25 retaliates against an employee who makes a good-faith complaint 26 is liable to an aggrieved employee for affirmative relief 27 including reinstatement, civil damages, and any other equitable 28 relief the court deems appropriate, including attorney fees and 29 costs. 30 DIVISION II —— PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS 31 AT REGENTS INSTITUTIONS. The bill provides that a regents 32 institution employing a peace officer who sustains a personal 33 injury or illness that arises out of and in the course of 34 employment shall not remove, discharge, involuntarily transfer, 35 -11- LSB 6355YC (4) 90 as/js 11/ 14

H.F. _____ or take adverse employment action against the peace officer due 1 to temporary or permanent restrictions that limit or prohibit 2 the peace officer from working special events, overtime, or a 3 specific shift provided the peace officer is able to work any 4 regular shift with or without reasonable accommodations. 5 DIVISION III —— IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION 6 OR SUSPENSION OF CERTIFICATION. The bill provides that a 7 “final” decision for purposes of the revocation or suspension 8 of the certification of a law enforcement officer or peace 9 officer by the council means that all appeals through a 10 grievance procedure, civil service action, or other action or 11 procedure available to the officer have been exhausted, and 12 “serious misconduct” includes the repeated use of excessive 13 force in violation of law. 14 The bill provides that the council shall revoke the 15 certification of a law enforcement officer or reserve peace 16 officer upon a finding that the law enforcement officer or 17 reserve peace officer knowingly left or voluntarily quit when 18 the officer was notified of a disciplinary investigation or 19 action that would have resulted in the law enforcement officer 20 being discharged or the reserve peace officer being removed for 21 serious misconduct, if the council determines that the officer 22 engaged in serious misconduct. 23 The bill provides that the council may revoke or suspend 24 the certification of a law enforcement officer or reserve 25 peace officer and may publicly or privately reprimand a law 26 enforcement officer, reserve peace officer, or employing 27 agency due to any of the following: a violation of any rules 28 authorized and adopted by the council; when an employing agency 29 recommends to the council that revocation or suspension would 30 be appropriate; or when the attorney general recommends that 31 revocation or suspension would be appropriate. 32 The bill amends current law to provide that notification 33 of the council by an employing agency of any termination of 34 employment of a law enforcement officer or appointment as a 35 -12- LSB 6355YC (4) 90 as/js 12/ 14

H.F. _____ reserve peace officer must state whether the law enforcement 1 officer or reserve peace officer was discharged or removed 2 for serious misconduct, whether the officer was notified 3 of a disciplinary investigation or action that would have 4 resulted in the officer being discharged or removed for serious 5 misconduct, whether the officer left or voluntarily quit, and 6 whether the action taken by the agency is final. 7 The bill provides that if a law enforcement officer or 8 reserve peace officer exercises any right to hold the decision 9 of an employing agency in abeyance, appeals, grieves, brings a 10 cause of action under Code section 80F.1(13), or contests the 11 officer’s termination, the employing agency shall notify the 12 council in writing within 10 days of the filing of such action 13 by the officer. 14 The bill provides that a decision of the council to revoke 15 the certification of a law enforcement officer or reserve peace 16 officer, to suspend the certification of a law enforcement 17 officer or reserve peace officer, or any other action against 18 an officer or employing agency shall be made by a majority 19 vote of the council. An action for revocation or suspension 20 of the certification of a law enforcement officer or reserve 21 peace officer shall not be maintained by the council unless the 22 action is commenced within 180 days from the date the council 23 was notified of the grounds for the revocation or suspension. 24 DIVISION IV —— PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY 25 PERSONNEL BILL OF RIGHTS. The bill amends the definition of 26 “formal administrative investigation”, in relation to formal 27 administrative investigations of officers, to include an 28 investigative process ordered by a commanding officer of an 29 agency or commander’s designee during which the investigation 30 and questioning of an officer is intended to gather evidence 31 to determine the merit of a complaint filed against the 32 officer. The bill amends the definition of “officer” to 33 include a paramedic, a medical provider, a public safety 34 telecommunicator, a dispatcher, and any other law enforcement 35 -13- LSB 6355YC (4) 90 as/js 13/ 14

H.F. _____ officer in training or whose certification is governed by the 1 Iowa law enforcement academy, and employed by a municipality, 2 county, or state agency. The bill provides that an “interview” 3 shall not be considered a hearing. 4 The bill provides that upon written request of an officer or 5 an officer’s legal counsel, the employing agency shall provide, 6 without charging a fee, to the officer or the officer’s legal 7 counsel a complete copy of the officer’s incident report and 8 the officer’s video or audio recordings from the incident 9 giving rise to the complaint without unnecessary delay prior 10 to an interview of the officer. The bill provides that the 11 provision of the report and audio and video recordings shall 12 not be construed to constitute a disclosure of public records. 13 The bill provides that the clerk of the district court shall 14 charge a $150 filing fee for a cause of action arising from the 15 filing of a false complaint against an officer. 16 DIVISION V —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. 17 The bill provides that a peer support counselor or individual 18 present for individual or group crisis intervention who obtains 19 information from an officer or a civilian employee of a law 20 enforcement agency, emergency management agency, emergency 21 medical services agency, or fire department by reason of the 22 counselor’s capacity as a peer support group counselor or an 23 individual’s presence for a group crisis intervention shall not 24 be allowed to disclose any confidential communication properly 25 entrusted to the counselor or individual present for a group 26 crisis intervention by the officer or civilian employee while 27 receiving counseling or group crisis intervention, including in 28 giving testimony. 29 -14- LSB 6355YC (4) 90 as/js 14/ 14