SF 2338 (LSB 6072SV (1) 90)

SENATE FILE 2338

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2200)

A BILL FOR

An Act relating to the placement of a police officer on a Brady-Giglio list, including the right of a police officer to petition the court and the standard of proof required for actions regarding such placement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  25.  An officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list or for refusing to prosecute cases involving the officer. The district court shall have jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The district court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list, as justice may require. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court.
    Sec. 2.  NEW SECTION.  80F.3  Standard of proof.
   The standard of proof for an allegation, administrative charge, complaint, cause of action, claim, or defense under this chapter shall be a preponderance of the evidence unless a higher standard of proof is required by law.
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 right of a police officer to petition the court regarding placement on a Brady-Giglio list by a prosecuting agency, and establishes the standard of proof required for actions under Code chapter 80F.
   The bill provides that an officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list or for refusing to prosecute cases involving the officer. The district court has jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court.
   The bill provides that the standard of proof for an allegation, administrative charge, complaint, cause of action, claim, or defense under Code chapter 80F shall be a preponderance of the evidence unless a higher standard of proof is required by law.