SF 385 (LSB 2076SV (2) 90)

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 prosecuting agency, and confidential information, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  “Brady-Giglio list” means a list compiled by a prosecuting agency containing the names and details of officers who have sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue which places the officer’s credibility into question. This paragraph is repealed July 1, 2023 2024.
    Sec. 2.  Section 80F.1, subsection 24, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  A prosecuting agency shall keep confidential and shall not release to the public an officer’s personnel file, medical records, or any statement, recording, transcript, or complaint protected under subsection 20, to the public. Nothing in this paragraph shall be construed to prohibit the release of records to the officer or the officer’s legal counsel as required under this section upon the request of the officer or the officer’s legal counsel or as otherwise provided by law or court order.
    Sec. 3.  Section 80F.1, subsection 24, paragraph i, Code 2023, is amended to read as follows:
   i.  This subsection is repealed July 1, 2023 2024.
    Sec. 4.  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 a Brady-Giglio list maintained by a prosecuting agency.
   Current law in Code chapter 80F (peace officer, public safety, and emergency personnel bill of rights) describes procedural requirements that a prosecuting agency that maintains a Brady-Giglio list must comply with and provides a definition of “Brady-Giglio list”. These requirements and definition were set by the general assembly to be repealed on July 1, 2023. The bill extends the future repeal provisions to July 1, 2024.
   The bill provides that a prosecuting agency shall keep confidential and not release to the public an officer’s personnel file, medical records, or any statement, recording, transcript, or complaint. The bill does not prohibit the release of records to the officer or the officer’s legal counsel, or as otherwise provided by law or court order.
   The bill takes effect upon enactment.