Senate File 256 - Introduced SENATE FILE 256 BY DAWSON A BILL FOR An Act relating to the prosecution of criminal offenses 1 committed by law enforcement officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1965XS (2) 90 as/rh

S.F. 256 Section 1. Section 13.12, Code 2023, is amended to read as 1 follows: 2 13.12 Prosecution of criminal offenses committed by law 3 enforcement officers. 4 1. The attorney general may prosecute a criminal offense 5 committed by a law enforcement officer, as defined in section 6 80B.3 , arising from the actions of the officer resulting in the 7 death of another, regardless of whether the county attorney 8 requests the assistance of the attorney general or the attorney 9 general decides to independently prosecute the criminal offense 10 committed by the officer. 11 2. If the attorney general determines that criminal charges 12 are not appropriate, the attorney general may refer the matter 13 to the Iowa law enforcement academy council to recommend 14 revocation or suspension of the officer’s certification if 15 the attorney general determines that the officer committed 16 misconduct that would be grounds for revocation or suspension 17 of a certification under chapter 80B or 80D , or rules adopted 18 pursuant to those chapters. 19 3. If the attorney general determines that the officer acted 20 with legal justification in using deadly force to avoid injury 21 or risk to the officer’s life or the safety or life of another, 22 no other prosecuting agency shall bring an unreasonable use of 23 force case against the officer. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the prosecution of criminal offenses 28 committed by law enforcement officers. 29 Current law provides that the attorney general may prosecute 30 a criminal offense committed by a law enforcement officer 31 arising from the actions of the officer resulting in the death 32 of another. 33 The bill provides that if the attorney general determines 34 that the officer acted with legal justification in using deadly 35 -1- LSB 1965XS (2) 90 as/rh 1/ 2

S.F. 256 force to avoid injury or risk to the officer’s life or the 1 safety or life of another, no other prosecuting agency shall 2 bring an unreasonable use of force case against the officer. 3 -2- LSB 1965XS (2) 90 as/rh 2/ 2