H.F. 2675 Section 1. Section 80F.1, subsections 1, 5, 6, 7, 8, 9, 10, 1 13, 16, 17, 19, 20, and 25, Code 2026, are amended to read as 2 follows: 3 1. As used in this section , unless the context otherwise 4 requires: 5 a. “Brady-Giglio list” means a list or other information 6 compiled by a prosecuting agency containing the names 7 and details of officers who have sustained incidents of 8 untruthfulness, criminal convictions, candor issues, or some 9 other type of issue which that places the officer’s credibility 10 into question. 11 b. “Complaint” means a formal written allegation signed by 12 the complainant or a signed written statement by an officer or 13 employee receiving an oral complaint stating the complainant’s 14 allegation. 15 c. “Formal administrative investigation” means an 16 investigative process , based upon a complaint, ordered by a 17 commanding officer of an agency or commander’s designee during 18 which the questioning of an officer is intended to gather 19 evidence to determine the merit of a complaint which may be the 20 basis for seeking removal, discharge, or suspension, or other 21 disciplinary action against the officer that, if sustained, 22 could result in the reassignment, suspension, demotion, 23 removal, or discharge of the officer who is the subject of 24 the complaint. Reassignment does not include transfers or 25 reassignments based upon the needs of the department, normal 26 rotations, or other reasons not related to a filed complaint. 27 “Formal administrative investigation” does not include 28 actions against the officer based solely upon the officer’s 29 probationary status without a complaint . 30 d. “Informal inquiry” means a meeting by supervisory or 31 command personnel with an officer who is the subject of an 32 allegation, for the purpose of resolving the allegation or 33 determining whether a formal administrative investigation 34 should be commenced preliminary review of a complaint by a 35 -1- LSB 5725HV (3) 91 as/js 1/ 11

H.F. 2675 commanding officer of an agency or the commander’s designee 1 to determine the seriousness of an alleged complaint. If, 2 through the preliminary review, the seriousness of the 3 allegations made in the complaint are such that they could 4 result in the reassignment, suspension, demotion, removal, or 5 discharge of the officer who is the subject of the complaint, 6 the investigation shall transition to a formal administrative 7 investigation . 8 e. “Interview” means the questioning of an officer who is 9 the subject of a complaint pursuant to as part of the formal 10 administrative investigation procedures of the investigating 11 agency, if such a complaint may be the basis for seeking 12 removal, discharge, or suspension, or other disciplinary action 13 against the officer. “Interview” does not include questioning 14 as part of any informal inquiry or questioning related to minor 15 infractions of agency rules which will not result in removal, 16 discharge, suspension, or other disciplinary action against the 17 officer . An interview conducted under this section shall not 18 be construed to be a hearing. 19 f. “Officer” means a certified law enforcement officer, fire 20 fighter, fire marshal, emergency medical technician, paramedic, 21 emergency medical care provider as defined in section 147A.1, 22 corrections officer, detention officer, jailer, probation or 23 parole officer, public safety telecommunicator, or dispatcher. 24 “Officer” includes any other fire fighter or law enforcement 25 officer who is in training to become certified , and whose 26 certification is governed by the Iowa law enforcement academy 27 and or state fire marshal, who is employed either part-time or 28 full-time by a municipality, county, or state agency. 29 g. “Prosecuting agency” means the attorney general, an 30 assistant attorney general, the county attorney, an assistant 31 county attorney, a special prosecutor, a city attorney, or an 32 assistant city attorney. 33 h. “Statement” means the statement of the officer who is the 34 subject of an allegation in response to a complaint. 35 -2- LSB 5725HV (3) 91 as/js 2/ 11

H.F. 2675 5. a. An officer who is the subject of a complaint, formal 1 administrative investigation shall , at a minimum, be provided 2 with a written summary of the complaint that includes the 3 nature of the complaint and, if known, the date and location of 4 the alleged misconduct prior to an interview. If a collective 5 bargaining agreement applies, the complaint or written summary 6 shall be provided pursuant to the procedures established under 7 the collective bargaining agreement. If the complaint alleges 8 domestic abuse, sexual abuse, workplace harassment, or sexual 9 harassment, an officer shall not receive more than a written 10 summary of the complaint. 11 b. The employing agency or investigating agency shall 12 provide, at a minimum, to the officer who is the subject of a 13 complaint or the officer’s legal counsel a complete copy of 14 the officer’s incident report, the officer’s prior statements, 15 documents created by the officer who is the subject of the 16 complaint that are directly related to the complaint, and 17 the officer’s video or audio recordings from the incident 18 giving rise to the complaint, without unnecessary delay and 19 at no charge, prior to an interview of the officer or any 20 Brady-Giglio proceeding. Nothing in this paragraph shall be 21 construed to constitute a disclosure of public records. 22 6. An officer being interviewed shall receive reasonable 23 notice of the interview. At the beginning of the interview, 24 the officer being interviewed shall be advised by the 25 interviewer that the officer shall answer the questions and 26 be advised that the answers shall not be used against the 27 officer in any pending or subsequent criminal investigation or 28 proceeding. 29 7. a. An interview or hearing of an officer who is 30 the subject of the complaint shall, at a minimum, be audio 31 recorded , and any interview or hearing shall be limited to 32 those questions directly related to the officer’s employment. 33 Witness interviews should be audio recorded . 34 b. An officer’s statement obtained in violation of 35 -3- LSB 5725HV (3) 91 as/js 3/ 11

H.F. 2675 this subsection shall not be used against the officer for 1 disciplinary action. 2 8. a. The officer shall have the right to have the 3 assistance of legal counsel, at the officer’s expense, during 4 the interview of the officer and during hearings or other 5 disciplinary or administrative proceedings relating to the 6 complaint , and any Brady-Giglio hearings or proceedings . In 7 addition, the officer shall have the right, at the officer’s 8 expense, unless otherwise agreed upon with the employing 9 agency, to have a union representative present during the 10 interview or hearing or, if not a member of a union, the 11 officer shall have the right to have a designee present. 12 b. The officer’s legal counsel, union representative, or 13 employee representative shall not be compelled to disclose in 14 any judicial proceeding, nor be subject to any investigation 15 or punitive action for refusing to disclose, any information 16 received from an officer under investigation or from an 17 agent of the officer, so long as the officer or agent of the 18 officer is an uninvolved party and not considered a witness 19 to any incident. The officer’s legal counsel may coordinate 20 and communicate in confidence with the officer’s designated 21 union representative or employee representative, and such 22 communications are not subject to discovery in any proceeding. 23 9. If a formal administrative investigation results in 24 the removal, discharge, or suspension, or other disciplinary 25 action against an officer, copies of any witness statements 26 and the complete investigative agency’s report shall be timely 27 provided to the officer upon the request of the officer or 28 the officer’s legal counsel upon request at the completion 29 of the investigation Upon written request, an officer who is 30 the subject of the formal administrative investigation or the 31 officer’s legal counsel shall be timely provided with the 32 written complaint, copies of any witness statements, and the 33 investigative agency’s complete investigative report at the end 34 of the investigation or before the prediscipline hearing or any 35 -4- LSB 5725HV (3) 91 as/js 4/ 11

H.F. 2675 Brady-Giglio hearing or proceeding at no charge . 1 10. An interview shall be conducted at any facility of 2 the investigating agency designated by the employer, and at a 3 reasonable time . 4 13. An officer shall have the right to bring a cause of 5 action against any person as defined in section 4.1, subsection 6 20, including but not limited to the employing agency , group 7 of persons, organization, or corporation for damages arising 8 from the filing of a knowingly false complaint against the 9 officer or any other violation of this chapter including but 10 not limited to actual damages, court costs, and reasonable 11 attorney fees. 12 16. An officer shall not be discharged, disciplined, or 13 threatened with discharge or discipline without just cause 14 or in retaliation for exercising the rights of the officer 15 enumerated in this section , chapters 17A, 80, 341A, or 400, or 16 as otherwise provided by law or contract . 17 17. The rights enumerated in this section chapter are in 18 addition to any other rights , privileges, actions, or remedies 19 granted pursuant to a collective bargaining agreement or other 20 applicable law. 21 19. If a formal administrative investigation results in 22 removal, discharge, suspension, or disciplinary action against 23 reassignment, suspension, demotion, removal, or discharge of 24 an officer, and the officer alleges in writing a violation 25 of the provisions of this section , the municipality, county, 26 or state agency employing the officer shall hold in abeyance 27 for a period of ten days any punitive action taken as a result 28 of the investigation, including a reprimand. An allegation 29 of a violation of this section may be raised and given due 30 consideration in any properly authorized grievance or appeal 31 exercised by an officer, including but not limited to a 32 grievance or appeal exercised pursuant to the terms of an 33 applicable collective bargaining agreement and an appeal right 34 exercised under section 341A.12 or 400.20 . 35 -5- LSB 5725HV (3) 91 as/js 5/ 11

H.F. 2675 20. The employing agency shall keep an officer’s the 1 statement, recordings, or transcripts of any interviews or 2 disciplinary proceedings, and any complaints made against 3 an officer who is the subject of a complaint confidential 4 unless otherwise provided by law or with the officer’s written 5 consent. Nothing in this section prohibits the release of 6 an officer’s statement, recordings, or transcripts of any 7 interviews or disciplinary proceedings, and any complaints 8 made against an officer to the officer or the officer’s legal 9 counsel upon the officer’s request. 10 25. An officer shall have the right to petition the 11 district court, appeal, or intervene in an action regarding 12 a prosecuting agency’s decision to place an officer on a 13 Brady-Giglio list. An officer placed on a Brady-Giglio 14 list by a prosecuting attorney, regardless of when such 15 placement, action, or decision occurred, shall have the 16 rights afforded under this subsection. The district court 17 shall have jurisdiction over the review of the prosecuting 18 agency’s decision. The district court shall perform an in 19 camera review of the evidence and may hold a closed hearing 20 upon the request of the officer or prosecuting agency, or upon 21 the court’s own motion. Evidence presented to the district 22 court shall be provided under seal and kept confidential unless 23 otherwise provided by law and ordered by the district court. 24 The district court may affirm, modify, or reverse a prosecuting 25 agency’s decision, and issue orders or provide relief, 26 including removal of the officer from a Brady-Giglio list or 27 other equitable relief , as justice may require. Evidence 28 presented to the district court shall be provided under seal 29 and kept confidential unless otherwise provided by law and 30 ordered by the district court A final decision of the district 31 court may be appealed to the supreme court within thirty days. 32 A prosecuting agency or employee of a prosecuting agency 33 shall be immune from money damages for an action under this 34 section. If the district court finds in favor of the officer 35 -6- LSB 5725HV (3) 91 as/js 6/ 11

H.F. 2675 under this subsection, upon application, the district court 1 shall award the officer equitable relief, reasonable attorney 2 fees, expenses, and court costs. This subsection applies 3 retroactively to July 1, 2021 . 4 Sec. 2. Section 80F.1, Code 2026, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 9A. Any officer may consent to the release 7 of any and all records held by the agency related to the 8 officer’s employment and the agency shall provide such records. 9 NEW SUBSECTION . 26. A prosecuting agency shall fairly 10 and impartially make good faith decisions regarding the 11 placement of any officer on a Brady-Giglio list or making any 12 Brady-Giglio disclosure. 13 NEW SUBSECTION . 27. The district court shall have 14 jurisdiction over actions brought under this chapter. The 15 burden of proof to sustain an allegation or administrative 16 charge resulting in the placement of an officer’s name on a 17 Brady-Giglio list shall be by clear and convincing evidence. 18 A final decision of the district court may be appealed to the 19 supreme court within thirty days. 20 NEW SUBSECTION . 28. A complaint against an officer shall 21 be made within a reasonable period of time from the date when 22 the complainant knew or should have known of the officer’s act 23 or omission. 24 NEW SUBSECTION . 29. An employing agency, investigating 25 agency, or prosecuting agency shall not require an officer to 26 produce or disclose the officer’s personal records, including 27 financial or electronic device records, except pursuant to a 28 valid search warrant or subpoena. 29 NEW SUBSECTION . 30. An officer shall not be compelled or 30 coerced to make any statement or answer any questions regarding 31 privileged information. 32 NEW SUBSECTION . 31. An employing agency, investigating 33 agency, or prosecuting agency shall not withhold exculpatory 34 evidence from an officer who is the subject of a formal 35 -7- LSB 5725HV (3) 91 as/js 7/ 11

H.F. 2675 administrative investigation. 1 NEW SUBSECTION . 32. The burden of proof to sustain 2 an allegation, complaint, or administrative charge of 3 untruthfulness, dishonesty, or other grounds for action 4 or placement on a Brady-Giglio list shall be by clear and 5 convincing evidence. 6 Sec. 3. Section 80F.1, subsection 24, paragraph i, Code 7 2026, is amended by striking the paragraph. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the peace officer, public safety, and 12 emergency personnel bill of rights. 13 The bill amends the definition of “formal administrative 14 investigation” to mean an investigative process, based upon 15 a complaint, ordered by a commanding officer of an agency or 16 commander’s designee that, if sustained, could result in the 17 reassignment, suspension, demotion, removal, or discharge of 18 the officer who is the subject of the complaint. Reassignment 19 does not include transfers or reassignments based upon the 20 needs of the department, normal rotations, or other reasons 21 not related to a filed complaint. “Formal administrative 22 investigation” does not include actions against the officer 23 based solely upon the officer’s probationary status without a 24 complaint. The definition of “informal inquiry” is amended 25 to mean a preliminary review of a complaint by a commanding 26 officer of an agency or the commander’s designee to determine 27 the seriousness of an alleged complaint. If, through the 28 preliminary review, the seriousness of the allegations made 29 in the complaint are such that they could result in the 30 reassignment, suspension, demotion, removal, or discharge 31 of the officer who is the subject of the complaint, the 32 investigation shall transition to a formal administrative 33 investigation. 34 The bill provides that an officer who is the subject of 35 -8- LSB 5725HV (3) 91 as/js 8/ 11

H.F. 2675 a formal administrative investigation must, at a minimum, 1 be provided with a written summary of the complaint that 2 includes the nature of the complaint and, if known, the 3 date and location of the alleged misconduct prior to an 4 interview. The employing agency or investigating agency must 5 provide to the officer who is the subject of a complaint or 6 the officer’s legal counsel a complete copy of the officer’s 7 incident report, the officer’s prior statements, documents 8 created by the officer who is the subject of the complaint 9 that are directly related to the complaint, and the officer’s 10 video or audio recordings from the incident giving rise to 11 the complaint, without unnecessary delay and at no charge, 12 prior to an interview of the officer or any Brady-Giglio 13 proceeding. Nothing in this provision of the bill shall be 14 construed to constitute a disclosure of public records. An 15 officer being interviewed must receive reasonable notice of 16 the interview. An interview or hearing of an officer shall 17 be audio recorded, and any interview or hearing shall be 18 limited to those questions directly related to the officer’s 19 employment. Witness interviews should be audio recorded. An 20 officer’s statement obtained in violation of the bill may not 21 be used against the officer for disciplinary action. 22 The bill provides that upon written request, an officer who 23 is the subject of the formal administrative investigation or 24 the officer’s legal counsel shall be timely provided with the 25 written complaint, copies of any witness statements, and the 26 investigative agency’s complete investigative report at the end 27 of the investigation or before the prediscipline hearing or any 28 Brady-Giglio hearing or proceeding at no charge. 29 The bill provides that evidence presented to the district 30 court shall be provided under seal and kept confidential unless 31 otherwise provided by law and ordered by the district court. 32 A final decision of the district court may be appealed to the 33 supreme court within 30 days. A prosecuting agency or employee 34 of a prosecuting agency shall be immune from money damages for 35 -9- LSB 5725HV (3) 91 as/js 9/ 11

H.F. 2675 an action under the bill. If the district court finds in favor 1 of the officer, upon application, the district court shall 2 award the officer equitable relief, reasonable attorney fees, 3 expenses, and court costs. This provision of the bill applies 4 retroactively to July 1, 2021. 5 The bill provides that any officer may consent to the release 6 of any and all records held by the agency related to the 7 officer’s employment and the agency shall provide such records. 8 The bill requires a prosecuting agency to fairly and 9 impartially make good faith decisions regarding the 10 placement of any officer on a Brady-Giglio list or making any 11 Brady-Giglio disclosure. 12 The bill provides the district court shall have jurisdiction 13 over actions brought under the bill. The burden of proof to 14 sustain an allegation or administrative charge resulting in the 15 placement of an officer’s name on a Brady-Giglio list shall 16 be by clear and convincing evidence. A final decision of the 17 district court may be appealed to the supreme court within 30 18 days. 19 The bill requires a complaint against an officer to be made 20 within a reasonable period of time from the date when the 21 complainant knew or should have known of the officer’s act 22 or omission. An employing agency, investigating agency, or 23 prosecuting agency shall not require an officer to produce or 24 disclose the officer’s personal records, including financial 25 or electronic device records, except pursuant to a valid 26 search warrant or subpoena. An officer shall not be compelled 27 or coerced to make any statement or answer any questions 28 regarding privileged information. An employing agency, 29 investigating agency, or prosecuting agency shall not withhold 30 exculpatory evidence from an officer who is the subject of a 31 formal administrative investigation. The bill provides that 32 the burden of proof to sustain an allegation, complaint, or 33 administrative charge of untruthfulness, dishonesty, or other 34 grounds for action or placement on a Brady-Giglio list shall be 35 -10- LSB 5725HV (3) 91 as/js 10/ 11