HSB 201 (LSB 2457YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsection 1, paragraphs c, e, and f, Code 2025, are amended to read as follows:
   c.  “Formal administrative investigation” means an investigative process ordered by a commanding officer of an agency or commander’s designee during which the questioning of an officer is intended to gather evidence to determine to investigate the merit of a complaint, including by questioning the complainant or witnesses, or conducting an interview of the officer subject to the complaint, and identifying and gathering evidence narrowly tailored to the complaint, which may be the basis for seeking administrative charges and the removal, discharge, or suspension, or other disciplinary action against the officer.
   e.  “Interview” means the questioning of an officer who is the subject of a complaint pursuant to the formal administrative investigation procedures of the investigating agency, if such a complaint may be the basis for seeking removal, discharge, or suspension, or other disciplinary action against the officer. “Interview” does not include questioning as part of any informal inquiry or questioning related to minor infractions of agency rules which that will not result in removal, discharge, suspension, or other disciplinary action against the officer.  An interview conducted under this section shall not be construed to be a hearing.
   f.  “Officer” means a certified law enforcement officer, fire fighter, fire marshal, emergency medical technician, paramedic, medical provider, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, or any other fire fighter or law enforcement officer certified or who is in training to become certified or whose certification is governed by the Iowa law enforcement academy or state fire marshal, and employed by a municipality, county, or state agency.
    Sec. 2.  Section 80F.1, subsections 9 and 10, Code 2025, are amended to read as follows:
   9.  If a formal administrative investigation results in the removal, discharge, or suspension, or other disciplinary action against an officer, copies of any witness statements and the complete investigative agency’s report shall be timely provided to the officer upon the request of the officer or the officer’s legal counsel upon request at the completion of the investigation Upon written request, an officer or the officer’s legal counsel shall be timely provided with the written complaint, copies of any witness statements, and the investigative agency’s complete investigative report.  For the purposes of this subsection, the investigative agency’s complete administrative investigation report shall be provided to the officer and the officer’s legal counsel at the end of the investigation at no charge.
   10.  An interview shall be conducted at any facility of the investigating agency at a reasonable time.
    Sec. 3.  Section 80F.1, subsection 24, paragraph i, Code 2025, is amended by striking the paragraph.
    Sec. 4.  Section 80F.1, subsection 25, Code 2025, is amended to read as follows:
   25.  An officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list.  An officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when such placement occurred, shall have the rights afforded under this subsection. The district court shall have jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The district court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list, as justice may require. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court.
    Sec. 5.  Section 80F.1, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  26.  a.  A prosecuting agency shall fairly and impartially make decisions in good faith regarding placing an officer on a Brady-Giglio list or making a Brady-Giglio disclosure.
   b.  A county attorney or assistant county attorney shall not represent or advise the county, civil service commission, or a sheriff or deputy sheriff in any administrative or civil matter or case involving the same facts or circumstances from which the law enforcement officer was placed on a Brady-Giglio list or a Brady-Giglio disclosure was made or is pending unless the sheriff or deputy sheriff provides informed consent in writing.
   c.  The sheriff shall have the authority to select and retain outside legal counsel to represent or advise the sheriff regarding third-party public records requests for information or records relating to the sheriff’s or deputy sheriff’s placement on a Brady-Giglio list or a Brady-Giglio disclosure at the expense of the county.
   NEW SUBSECTION.  27.  The district court shall have jurisdiction over actions brought under this chapter. A decision of the district court may be appealed to the supreme court.
    Sec. 6.  Section 341A.12, subsection 2, Code 2025, is amended to read as follows:
   2.  The county or the accused may appeal from the commission’s finding and decision to the district court of the county where the accused resides. Such appeal shall be taken by serving upon the commission within thirty days after the entry of its finding and decision, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to its finding and decision, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice make, certify, and file such transcript with the court. The court shall proceed to hear and determine the appeal in a summary manner de novo. Such hearing shall be confined to the determination of whether the finding and decision of the commission to affirm, modify, or revoke the order of the sheriff was made in good faith and for cause, and no appeal shall be taken except upon such grounds. The decision of the district court may be appealed to the supreme court.
    Sec. 7.  Section 341A.12, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The disciplinary appeal provisions of this section shall apply to a part-time deputy sheriff.
    Sec. 8.  Section 622.10, subsection 9, paragraph a, Code 2025, is amended to read as follows:
   a.  A peer support group counselor or individual present for a individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a individual or group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention including in giving testimony.
    Sec. 9.  Section 622.10, subsection 9, paragraph c, subparagraphs (1) and (2), Code 2025, are amended to read as follows:
   (1)  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician or medical provider, paramedic, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, emergency management coordinator under chapter 29C, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a city, county, or state agency.
   (2)  “Peer support group counselor” means a law enforcement officer, fire fighter, civilian employee of a law enforcement agency or fire department, or a nonemployee counselor who has been designated as a peer support group counselor by a sheriff, police chief, fire chief, or department head of a law enforcement agency, fire department, or emergency medical services agency and who has received training to provide emotional and moral support and counseling to an officer or group who needs those services as a result of an incident in which the officer or group was involved while acting in the officer’s or group’s official capacity.
    Sec. 10.  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 administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence.
   The bill provides that upon written request, an officer or the officer’s legal counsel will be provided with the written complaint, copies of any witness statements, and the agency’s complete investigative report in a timely manner. The complete administrative investigation report must be provided to the officer and the officer’s legal counsel at the end of the investigation at no charge. An interview of the officer shall be conducted at any facility of the investigating agency at a reasonable time.
   The bill removes Code section 80F.1, subsection 24, paragraph “i”, which provides that the subsection does not create a private cause of action against a prosecuting agency or an employee of a prosecuting agency.
   The bill provides that an officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when such placement occurred, has the rights afforded under the bill.
   The bill requires a prosecuting agency to fairly and impartially make decisions in good faith regarding placing an officer on a Brady-Giglio list or making a Brady-Giglio disclosure. A county attorney or assistant county attorney may not represent or advise the county, civil service commission, or a sheriff or deputy sheriff in any administrative or civil matter or case involving the same facts or circumstances from which the law enforcement officer was placed on a Brady-Giglio list or a Brady-Giglio disclosure was made or is pending unless the sheriff or deputy sheriff provides informed consent in writing. The sheriff shall have the authority to select and retain outside legal counsel regarding third-party public records requests for information or records relating to the sheriff’s or deputy sheriff’s placement on a Brady-Giglio list or a Brady-Giglio disclosure at the expense of the county.
   The bill provides that the district court has jurisdiction over actions brought under Code chapter 80F. A decision of the district court may be appealed to the Iowa supreme court.
   The bill provides that the disciplinary appeal provisions concerning classified civil service for deputy county sheriffs apply to part-time deputy sheriffs.
   The bill provides that a peer support counselor or individual present for individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department shall not be allowed to disclose any confidential communication entrusted to the counselor or individual present including in giving testimony.
   The bill takes effect upon enactment.