Senate
File
385
-
Introduced
SENATE
FILE
385
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1137)
A
BILL
FOR
An
Act
relating
to
a
Brady-Giglio
list
maintained
by
a
1
prosecuting
agency,
and
confidential
information,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2076SV
(2)
90
as/rh
S.F.
385
Section
1.
Section
80F.1,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
“Brady-Giglio
list”
means
a
list
compiled
by
a
3
prosecuting
agency
containing
the
names
and
details
of
officers
4
who
have
sustained
incidents
of
untruthfulness,
criminal
5
convictions,
candor
issues,
or
some
other
type
of
issue
which
6
places
the
officer’s
credibility
into
question.
This
paragraph
7
is
repealed
July
1,
2023
2024
.
8
Sec.
2.
Section
80F.1,
subsection
24,
Code
2023,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0f.
A
prosecuting
agency
shall
keep
11
confidential
and
shall
not
release
to
the
public
an
officer’s
12
personnel
file,
medical
records,
or
any
statement,
recording,
13
transcript,
or
complaint
protected
under
subsection
20,
to
14
the
public.
Nothing
in
this
paragraph
shall
be
construed
to
15
prohibit
the
release
of
records
to
the
officer
or
the
officer’s
16
legal
counsel
as
required
under
this
section
upon
the
request
17
of
the
officer
or
the
officer’s
legal
counsel
or
as
otherwise
18
provided
by
law
or
court
order.
19
Sec.
3.
Section
80F.1,
subsection
24,
paragraph
i,
Code
20
2023,
is
amended
to
read
as
follows:
21
i.
This
subsection
is
repealed
July
1,
2023
2024
.
22
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
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
a
Brady-Giglio
list
maintained
by
a
28
prosecuting
agency.
29
Current
law
in
Code
chapter
80F
(peace
officer,
public
30
safety,
and
emergency
personnel
bill
of
rights)
describes
31
procedural
requirements
that
a
prosecuting
agency
that
32
maintains
a
Brady-Giglio
list
must
comply
with
and
provides
33
a
definition
of
“Brady-Giglio
list”.
These
requirements
and
34
definition
were
set
by
the
general
assembly
to
be
repealed
on
35
-1-
LSB
2076SV
(2)
90
as/rh
1/
2
S.F.
385
July
1,
2023.
The
bill
extends
the
future
repeal
provisions
to
1
July
1,
2024.
2
The
bill
provides
that
a
prosecuting
agency
shall
keep
3
confidential
and
not
release
to
the
public
an
officer’s
4
personnel
file,
medical
records,
or
any
statement,
recording,
5
transcript,
or
complaint.
The
bill
does
not
prohibit
the
6
release
of
records
to
the
officer
or
the
officer’s
legal
7
counsel,
or
as
otherwise
provided
by
law
or
court
order.
8
The
bill
takes
effect
upon
enactment.
9
-2-
LSB
2076SV
(2)
90
as/rh
2/
2