House File 921 - Introduced HOUSE FILE 921 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 201) (COMPANION TO SF 362 BY WEBSTER) A BILL FOR An Act relating to administrative investigations under the 1 peace officer, public safety, and emergency personnel bill 2 of rights, civil service disciplinary hearings and appeals, 3 and communications in professional confidence, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2457HV (1) 91 as/js

H.F. 921 Section 1. Section 80F.1, subsection 1, paragraphs c, e, and 1 f, Code 2025, are amended to read as follows: 2 c. “Formal administrative investigation” means an 3 investigative process ordered by a commanding officer of an 4 agency or commander’s designee during which the questioning 5 of an officer is intended to gather evidence to determine to 6 investigate the merit of a complaint , including by questioning 7 the complainant or witnesses, or conducting an interview of the 8 officer subject to the complaint, and identifying and gathering 9 evidence narrowly tailored to the complaint, which may be the 10 basis for seeking administrative charges and the removal, 11 discharge, or suspension, or other disciplinary action against 12 the officer. 13 e. “Interview” means the questioning of an officer 14 who is the subject of a complaint pursuant to the formal 15 administrative investigation procedures of the investigating 16 agency, if such a complaint may be the basis for seeking 17 removal, discharge, or suspension, or other disciplinary action 18 against the officer. “Interview” does not include questioning 19 as part of any informal inquiry or questioning related to minor 20 infractions of agency rules which that will not result in 21 removal, discharge, suspension, or other disciplinary action 22 against the officer. An interview conducted under this section 23 shall not be construed to be a hearing. 24 f. “Officer” means a certified law enforcement officer, 25 fire fighter, fire marshal, emergency medical technician, 26 paramedic, medical provider, corrections officer, detention 27 officer, jailer, probation or parole officer, public safety 28 telecommunicator, dispatcher, or any other fire fighter or law 29 enforcement officer certified or who is in training to become 30 certified or whose certification is governed by the Iowa law 31 enforcement academy or state fire marshal, and employed by a 32 municipality, county, or state agency. 33 Sec. 2. Section 80F.1, subsections 9 and 10, Code 2025, are 34 amended to read as follows: 35 -1- LSB 2457HV (1) 91 as/js 1/ 7

H.F. 921 9. If a formal administrative investigation results in 1 the removal, discharge, or suspension, or other disciplinary 2 action against an officer, copies of any witness statements 3 and the complete investigative agency’s report shall be timely 4 provided to the officer upon the request of the officer or 5 the officer’s legal counsel upon request at the completion 6 of the investigation Upon written request, an officer or the 7 officer’s legal counsel shall be timely provided with the 8 written complaint, copies of any witness statements, and the 9 investigative agency’s complete investigative report . For 10 the purposes of this subsection, the investigative agency’s 11 complete administrative investigation report shall be provided 12 to the officer and the officer’s legal counsel at the end of 13 the investigation at no charge. 14 10. An interview shall be conducted at any facility of the 15 investigating agency at a reasonable time . 16 Sec. 3. Section 80F.1, subsection 24, paragraph i, Code 17 2025, is amended by striking the paragraph. 18 Sec. 4. Section 80F.1, subsection 25, Code 2025, is amended 19 to read as follows: 20 25. An officer shall have the right to petition the 21 district court, appeal, or intervene in an action regarding 22 a prosecuting agency’s decision to place an officer on a 23 Brady-Giglio list. An officer placed on a Brady-Giglio list 24 by a prosecuting agency, regardless of when such placement 25 occurred, shall have the rights afforded under this subsection. 26 The district court shall have jurisdiction over the review of 27 the prosecuting agency’s decision. The district court shall 28 perform an in camera review of the evidence and may hold a 29 closed hearing upon the request of the officer or prosecuting 30 agency, or upon the court’s own motion. The district court may 31 affirm, modify, or reverse a prosecuting agency’s decision, 32 and issue orders or provide relief, including removal of the 33 officer from a Brady-Giglio list, as justice may require. 34 Evidence presented to the district court shall be provided 35 -2- LSB 2457HV (1) 91 as/js 2/ 7

H.F. 921 under seal and kept confidential unless otherwise provided by 1 law and ordered by the district court. 2 Sec. 5. Section 80F.1, Code 2025, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 26. a. A prosecuting agency shall fairly 5 and impartially make decisions in good faith regarding placing 6 an officer on a Brady-Giglio list or making a Brady-Giglio 7 disclosure. 8 b. A county attorney or assistant county attorney shall not 9 represent or advise the county, civil service commission, or a 10 sheriff or deputy sheriff in any administrative or civil matter 11 or case involving the same facts or circumstances from which 12 the law enforcement officer was placed on a Brady-Giglio list 13 or a Brady-Giglio disclosure was made or is pending unless the 14 sheriff or deputy sheriff provides informed consent in writing. 15 c. The sheriff shall have the authority to select and 16 retain outside legal counsel to represent or advise the sheriff 17 regarding third-party public records requests for information 18 or records relating to the sheriff’s or deputy sheriff’s 19 placement on a Brady-Giglio list or a Brady-Giglio disclosure 20 at the expense of the county. 21 NEW SUBSECTION . 27. The district court shall have 22 jurisdiction over actions brought under this chapter. A 23 decision of the district court may be appealed to the supreme 24 court. 25 Sec. 6. Section 341A.12, subsection 2, Code 2025, is amended 26 to read as follows: 27 2. The county or the accused may appeal from the 28 commission’s finding and decision to the district court of the 29 county where the accused resides. Such appeal shall be taken 30 by serving upon the commission within thirty days after the 31 entry of its finding and decision , a written notice of appeal , 32 stating the grounds thereof , and demanding that a certified 33 transcript of the record and of all papers on file in the 34 office of the commission affecting or relating to its finding 35 -3- LSB 2457HV (1) 91 as/js 3/ 7

H.F. 921 and decision , be filed by the commission with the court. The 1 commission shall, within ten days after the filing of the 2 notice make, certify, and file such transcript with the court. 3 The court shall proceed to hear and determine the appeal in 4 a summary manner de novo . Such hearing shall be confined 5 to the determination of whether the finding and decision of 6 the commission to affirm, modify, or revoke the order of the 7 sheriff was made in good faith and for cause, and no appeal 8 shall be taken except upon such grounds. The decision of the 9 district court may be appealed to the supreme court. 10 Sec. 7. Section 341A.12, Code 2025, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. The disciplinary appeal provisions of 13 this section shall apply to a part-time deputy sheriff. 14 Sec. 8. Section 622.10, subsection 9, paragraph a, Code 15 2025, is amended to read as follows: 16 a. A peer support group counselor or individual present 17 for a individual or group crisis intervention who obtains 18 information from an officer or a civilian employee of a law 19 enforcement agency , emergency management agency, emergency 20 medical services agency, or fire department by reason of the 21 counselor’s capacity as a peer support group counselor or 22 an individual’s presence for a individual or group crisis 23 intervention shall not be allowed , in giving testimony, to 24 disclose any confidential communication properly entrusted 25 to the counselor or individual present for a group crisis 26 intervention by the officer or civilian employee while 27 receiving counseling or group crisis intervention including in 28 giving testimony . 29 Sec. 9. Section 622.10, subsection 9, paragraph c, 30 subparagraphs (1) and (2), Code 2025, are amended to read as 31 follows: 32 (1) “Officer” means a certified law enforcement officer, 33 fire fighter, emergency medical technician or medical provider , 34 paramedic, corrections officer, detention officer, jailer, 35 -4- LSB 2457HV (1) 91 as/js 4/ 7

H.F. 921 probation or parole officer, public safety telecommunicator, 1 dispatcher, emergency management coordinator under chapter 29C , 2 or any other law enforcement officer certified by the Iowa law 3 enforcement academy and employed by a city, county, or state 4 agency. 5 (2) “Peer support group counselor” means a law enforcement 6 officer, fire fighter, civilian employee of a law enforcement 7 agency or fire department, or a nonemployee counselor who 8 has been designated as a peer support group counselor by a 9 sheriff, police chief, fire chief, or department head of a 10 law enforcement agency, fire department, or emergency medical 11 services agency and who has received training to provide 12 emotional and moral support and counseling to an officer or 13 group who needs those services as a result of an incident in 14 which the officer or group was involved while acting in the 15 officer’s or group’s official capacity. 16 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 17 immediate importance, takes effect upon enactment. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to administrative investigations under the 22 peace officer, public safety, and emergency personnel bill of 23 rights, civil service disciplinary hearings and appeals, and 24 communications in professional confidence. 25 The bill provides that upon written request, an officer or 26 the officer’s legal counsel will be provided with the written 27 complaint, copies of any witness statements, and the agency’s 28 complete investigative report in a timely manner. The complete 29 administrative investigation report must be provided to the 30 officer and the officer’s legal counsel at the end of the 31 investigation at no charge. An interview of the officer shall 32 be conducted at any facility of the investigating agency at a 33 reasonable time. 34 The bill removes Code section 80F.1, subsection 24, 35 -5- LSB 2457HV (1) 91 as/js 5/ 7

H.F. 921 paragraph “i”, which provides that the subsection does not 1 create a private cause of action against a prosecuting agency 2 or an employee of a prosecuting agency. 3 The bill provides that an officer placed on a Brady-Giglio 4 list by a prosecuting agency, regardless of when such placement 5 occurred, has the rights afforded under the bill. 6 The bill requires a prosecuting agency to fairly and 7 impartially make decisions in good faith regarding placing 8 an officer on a Brady-Giglio list or making a Brady-Giglio 9 disclosure. A county attorney or assistant county attorney may 10 not represent or advise the county, civil service commission, 11 or a sheriff or deputy sheriff in any administrative or civil 12 matter or case involving the same facts or circumstances from 13 which the law enforcement officer was placed on a Brady-Giglio 14 list or a Brady-Giglio disclosure was made or is pending unless 15 the sheriff or deputy sheriff provides informed consent in 16 writing. The sheriff shall have the authority to select and 17 retain outside legal counsel regarding third-party public 18 records requests for information or records relating to the 19 sheriff’s or deputy sheriff’s placement on a Brady-Giglio list 20 or a Brady-Giglio disclosure at the expense of the county. 21 The bill provides that the district court has jurisdiction 22 over actions brought under Code chapter 80F. A decision of the 23 district court may be appealed to the Iowa supreme court. 24 The bill provides that the disciplinary appeal provisions 25 concerning classified civil service for deputy county sheriffs 26 apply to part-time deputy sheriffs. 27 The bill provides that a peer support counselor or 28 individual present for individual or group crisis intervention 29 who obtains information from an officer or a civilian employee 30 of a law enforcement agency, emergency management agency, 31 emergency medical services agency, or fire department shall not 32 be allowed to disclose any confidential communication entrusted 33 to the counselor or individual present including in giving 34 testimony. 35 -6- LSB 2457HV (1) 91 as/js 6/ 7