HSB 289 (LSB 2606YC (1) 91)

HOUSE FILE _____ 

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

A BILL FOR

An Act relating to the Iowa law enforcement academy council including the revocation or suspension of certifications of law enforcement officers and reserve peace officers, and administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80B.6, subsection 1, paragraphs a, h, and i, Code 2025, are amended to read as follows:
   a.  Three residents One resident of the state.
   h.  A police officer who is a member of a police department of a city with a population of fifty twenty-five thousand persons or more.
   i.  A police officer who is a member of a police department of a city with a population of less than fifty twenty-five thousand persons.
    Sec. 2.  Section 80B.6, subsection 1, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  l.  A member of the Iowa fraternal order of police.
   NEW PARAGRAPH.  m.  A police officer employed by a regents institution.
    Sec. 3.  Section 80B.11, subsection 1, paragraph h, Code 2025, is amended by striking the paragraph.
    Sec. 4.  Section 80B.13, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Receive, investigate, and review complaints regarding an employing agency’s training of law enforcement officers, including compliance with minimum training required by law and documentation deficiencies. The council may order corrective action, including providing training or remedial training to an employing agency, to meet minimum training required by statute or regulation.
    Sec. 5.  Section 80B.13A, subsection 1, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  For purposes of this section, “final” means that all appeals through a grievance procedure, civil service action, or other cause of action or procedure available to the officer have been exhausted.
    Sec. 6.  Section 80B.13A, subsection 2, paragraphs b and c, Code 2025, are amended to read as follows:
   b.  Been discharged for serious misconduct from employment as a law enforcement officer or from appointment as a reserve peace officer, as applicable Manufactured, sold, or conspired to manufacture or sell a controlled substance other than as part of an authorized act in connection with official duties.
   c.  Left, voluntarily quit, or been laid off when disciplinary investigation or action was imminent or pending which could have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct Pled guilty to or been convicted of a crime of domestic violence or domestic abuse assault.
    Sec. 7.  Section 80B.13A, subsection 2, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  d.  Pled guilty to or been convicted of any offense classified as a tier I, tier II, or tier III sex offense in chapter 692A.
   NEW PARAGRAPH.  e.  Pled guilty to or been convicted of any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court that is comparable to an offense listed in this subsection.
    Sec. 8.  Section 80B.13A, subsection 3, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  The council may order remedial training of a law enforcement officer or reserve peace officer or revoke or suspend the certification of a law enforcement officer or reserve peace officer due to any of the following:
   a.  The law enforcement officer or reserve peace officer while under oath or affirmation knowingly testifies falsely regarding a material fact in any court of law or administrative hearing with the intent to deceive.
   b.  The law enforcement officer or reserve peace officer makes a materially false statement in a document prescribed by the academy or otherwise provided for or authorized by these rules, or in any other document intended to induce the academy or the council to take or withhold action.
   c.  The law enforcement officer or reserve peace officer pleads guilty to or is convicted of a crime involving moral turpitude. For the purposes of this subsection, a crime of moral turpitude includes theft, identity theft, perjury or its subordination, fraudulent practices, securities fraud, extortion, or convictions by any other state or by the federal government under statutes substantially corresponding to the crimes listed in this subsection.
   d.  The law enforcement officer or reserve peace officer is shown to have discriminated against any applicant or employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in violation of chapter 216.
   e.  The law enforcement officer or reserve peace officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer as defined in section 80F.1 because of exercising rights or privileges afforded by law.
   f.  The law enforcement officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer as defined in section 80F.1, for whistleblowing.
   g.  The law enforcement officer or reserve peace officer fails to complete minimum training requirements established by the law enforcement academy.
   h.  The law enforcement officer or reserve peace officer is addicted to alcohol or illegal drugs and has refused to or failed to be rehabilitated.
   i.  The law enforcement officer or reserve peace officer pled guilty to or was convicted of using objectively unreasonable force in violation of chapter 704.
   j.  The law enforcement officer or reserve peace officer refuses or fails to complete the terms of a valid settlement agreement regarding the officer’s certification.
   k.  Upon the recommendation of the attorney general to the council that revocation or suspension would be appropriate pursuant to section 13.12.
   l.  The law enforcement officer or reserve peace officer possessed an illegal drug other than as part of an authorized act in connection with official duties.
    Sec. 9.  Section 80B.13A, subsections 4 and 5, Code 2025, are amended to read as follows:
   4.  a.  An employing agency shall notify the council within ten days of any termination of employment of a law enforcement officer or appointment as a reserve peace officer. The notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct or whether the officer left, voluntarily quit, or was laid off when disciplinary investigation or action was imminent or pending which could have resulted in the officer being discharged or removed for serious misconduct resigned in lieu of termination, or was discharged or removed, and whether action taken by the agency is final.
   b.  If after the employing agency submits a notification under subsection 4, the law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, appeals, grieves, brings a cause of action under section 80F.1, subsection 13, or contests the officer’s termination as provided by law, the employing agency shall notify the council in writing within ten days of the filing of such action by the officer.
   c.  Upon request by the council, the employing agency shall provide any additional information or documentation about the officer including confidential records or information under section 22.7 or other applicable law to the council.
   5.  a.  Any recommendation, notification, or other record or information provided by an employing agency or the attorney general pursuant to this section shall be confidential except as required by rule or order of the council, an administrative law judge, or a reviewing court.
   b.  Any notification or other record or information provided by an employing agency or the attorney general pursuant to this section shall be provided to the law enforcement officer or reserve peace officer by the academy or employing agency at no charge upon written request from the officer or the officer’s legal counsel.
   c.  Any employing agency or person who, acting reasonably and in good faith, files a notification or recommendation, releases information, or otherwise cooperates with an investigation under this section is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for such action civil liability for monetary damages.
   d.  Upon written request of a law enforcement officer or reserve peace officer or the officer’s legal counsel, the academy shall provide its complete investigation report concerning the officer without unnecessary delay.
    Sec. 10.  Section 80B.13A, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  If the administrative law judge or council determines that the state has met the burden of proof in a contested case to show the law enforcement officer or reserve peace officer committed a violation under this chapter and discretionary revocation or suspension of the officer’s certification is warranted, then the administrative law judge or council shall determine the appropriate sanction. For the purposes of this section, the administrative law judge or council shall consider applicable factors, which may include the nature of the conduct at issue in the circumstances, the officer’s training and education, the employing agency’s level of training and supervision of the officer, the availability of remedial training to correct the officer’s issues, whether the officer has been provided and completed remedial training, whether the officer could be or has been rehabilitated, and the proportionality of the sanction to the conduct at issue. The administrative law judge or council shall only consider, order, or impose sanctions upon the officer if the alleged violations are proven.
   NEW SUBSECTION.  5B.  The administrative law judge or council shall dismiss unproven administrative charges against an officer in a contested case with prejudice.
   NEW SUBSECTION.  5C.  A decision of the council to revoke the certification of a law enforcement officer or reserve peace officer or to suspend a law enforcement officer’s or reserve peace officer’s certification for longer than one year shall be made by a two-thirds majority vote of the council. A suspension against an officer less than one year or any other action against an officer or employing agency shall be made by a majority vote of the council.
   NEW SUBSECTION.  5D.  An action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within ninety days from the date the law enforcement officer or reserve peace officer has exhausted all actions, appeals, or procedures available to the officer.
    Sec. 11.  NEW SECTION.  80B.13B  Rules of evidence.
   The rules of evidence shall apply to a contested case involving the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification.
    Sec. 12.  NEW SECTION.  80B.13C  Authority of the attorney general.
   1.  The attorney general shall have the authority to dismiss a petition in whole or in part against a law enforcement officer or reserve peace officer in a contested case in the interest of justice.
   2.  The attorney general may negotiate and settle a contested case in the interest of justice.
    Sec. 13.  NEW SECTION.  80B.13D  Reinstatement.
   1.  A law enforcement officer or reserve peace officer whose certification was suspended shall be reinstated upon the officer’s completion of the suspension.
   2.  If the law enforcement officer’s or reserve peace officer’s certification was suspended pursuant to an agreement with the attorney general, administrative law judge, or council, the officer’s certification shall be reinstated upon completion of the suspension and any terms of the agreement. Nothing in this section shall be construed to prohibit an agreement with mutually agreed upon terms.
   3.  The academy shall not adopt or enforce rules regarding the reinstatement of certification for a law enforcement officer or reserve peace officer.
    Sec. 14.  NEW SECTION.  80B.13E  Fees and costs.
   A law enforcement officer or reserve peace officer who substantially prevails in a contested decertification or suspension action may petition the district court for an award of reasonable attorney fees, expert fees, and costs and expenses incurred in defending the contested case. The district court shall award reasonable attorney fees, expert fees, and costs and expenses to the officer who substantially prevailed in the contested case.
    Sec. 15.  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 the merit of a complaint 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 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, emergency medical technician, paramedic, medical provider, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, or any other law enforcement officer certified, in training to become certified, or whose certification is governed by the Iowa law enforcement academy and who is employed by a municipality, county, or state agency.
    Sec. 16.  Section 80F.1, subsections 5 and 9, Code 2025, are amended to read as follows:
   5.  a.  An officer who is the subject of a complaint, shall, at a minimum, be provided a written summary copy of the complaint prior to an interview. If a collective bargaining agreement applies, the complaint or written summary shall be provided pursuant to the procedures established under the collective bargaining agreement. If the complaint alleges domestic abuse, sexual abuse, workplace harassment, or sexual harassment, an officer shall not receive more than a written summary of the complaint.
   b.  Upon written request of the officer or the officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report, prior statements, and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay and at no charge prior to an interview of the officer. Nothing in this paragraph shall be construed to constitute a disclosure of public records.
   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 report.
    Sec. 17.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 18.  RETROACTIVE APPLICABILITY.  The following applies retroactively to January 1, 2024, for pending contested cases:
   The section of this Act enacting section 80B.13C.
    Sec. 19.  RETROACTIVE APPLICABILITY.  The following applies retroactively to January 1, 2023, for pending contested cases:
   The section of this Act enacting section 80B.13D.
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 the Iowa law enforcement academy council (council) including the revocation or suspension of certifications of law enforcement officers and reserve peace officers, and administrative investigations under the peace officer, public safety, and emergency personnel bill of rights.
   IOWA LAW ENFORCEMENT ACADEMY —— COUNCIL. Current law provides that the council consists of 13 voting members appointed by the governor, subject to confirmation by the senate, which includes 3 residents of the state. The bill provides that the council shall include one resident of the state, and adds one member of the Iowa fraternal order of police and one peace officer employed by a regents institution to the membership of the council. The bill amends the city population size for a police officer on the council to be one officer from a city with a population of 25,000 persons or more and one officer from a city with a population of less than 25,000 persons.
   The bill strikes Code section 80B.11, subsection 1, paragraph “h”, which provides that the director of the academy shall promulgate rules relative to grounds for revocation or suspension of a law enforcement officer’s certification.
   The bill provides that a “final” decision for purposes of the revocation or suspension of the certification of a law enforcement officer or peace officer by the council means that all appeals through a grievance procedure, civil service action, or other action or procedure available to the officer have been exhausted.
   The bill provides that the council may receive, investigate, and review complaints regarding an employing agency’s training of law enforcement officers, including compliance with minimum training required by law and documentation deficiencies. The council may order corrective action, including providing training or remedial training to an employing agency, to meet minimum training required by statute or regulation.
   The bill provides that the council shall revoke the certification of a law enforcement officer or reserve peace officer upon a finding that the law enforcement officer or reserve peace officer did any of the following: manufactured, sold, or conspired to manufacture or sell a controlled substance other than as part of an authorized act in connection with official duties; pled guilty to or been convicted of a crime of domestic violence or domestic abuse assault; pled guilty to or been convicted of any offense classified as a tier I, tier II, or tier III sex offense; or pled guilty to or been convicted of any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court that is a comparable offense.
   The bill strikes current Code section 80B.13A, subsection 3, concerning discretionary revocation or suspension of certification, and replaces the subsection. The bill provides that the council may order remedial training of a law enforcement officer or reserve peace officer or revoke or suspend the certification of a law enforcement officer or reserve peace officer due to any of the following: the officer knowingly testifies falsely regarding a material fact in any court of law or administrative hearing with the intent to deceive; the officer makes a materially false statement in a document prescribed by the academy or in any other document intended to induce the academy or the council to take or withhold action; the officer pleads guilty to or is convicted of a crime involving moral turpitude; the officer is shown to have discriminated against any applicant or employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in violation of Code chapter 216; the officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer because of exercising rights or privileges afforded by law; the officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer for whistleblowing; the officer fails to complete minimum training requirements established by the law enforcement academy; the officer is addicted to alcohol or illegal drugs and has refused to or failed to be rehabilitated; the officer uses objectively unreasonable force in violation of Code chapter 704; the officer refuses or fails to complete the terms of a valid settlement agreement regarding the officer’s certification; upon the recommendation of the attorney general to the council that revocation or suspension would be appropriate; or the officer possessed an illegal drug other than as part of an authorized act in connection with official duties.
   The bill amends current law to provide that notification of the council by an employing agency of any termination of employment of a law enforcement officer or appointment as a reserve peace officer must state whether the law enforcement officer or reserve peace officer resigned in lieu of termination, or was discharged or removed, and whether the action taken by the agency is final.
   The bill provides that if a law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, or appeals, grieves, brings a cause of action under Code section 80F.1, subsection 13, or contests the officer’s termination, the employing agency shall notify the council in writing within 10 days of the filing of such action by the officer.
   The bill provides that any notification or other record or information provided by an employing agency or the attorney general shall be confidential except as required by rule or order of the council, an administrative law judge, or a reviewing court. Any notification or other record or information provided by an employing agency or the attorney general pursuant to the bill shall be provided to the law enforcement officer or reserve peace officer by the academy or employing agency at no charge upon written request from the officer or the officer’s legal counsel.
   The bill provides that if the administrative law judge or council determines that the state has met the burden of proof in a contested case to show the law enforcement officer or reserve peace officer committed a violation under the bill and discretionary revocation or suspension of the officer’s certification is warranted, then the administrative law judge or council shall determine the appropriate sanction. The administrative law judge or council shall dismiss unproven administrative charges against an officer in a contested case with prejudice.
   The bill provides that a decision of the council to revoke the certification of a law enforcement officer or reserve peace officer or to suspend the law enforcement officer’s or reserve peace officer’s certification for longer than one year shall be made by a two-thirds majority vote of the council. A suspension against an officer less than one year or any other action against an officer or employing agency shall be made by a majority vote of the council.
   The bill provides that an action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer must be commenced within 90 days from the date the law enforcement officer or reserve peace officer has exhausted all actions, appeals, or procedures available to the officer.
   The bill provides that the rules of evidence apply to a contested case involving the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification.
   Under the bill, the attorney general shall have the authority to dismiss a petition in whole or in part against a law enforcement officer or reserve peace officer in a contested case in the interest of justice, and may negotiate and settle a contested case in the interest of justice.
   The bill adds a new Code section concerning the reinstatement of certification. The bill provides that a law enforcement officer or reserve peace officer whose certification was suspended shall be reinstated upon the officer’s completion of the suspension. If the certification was suspended pursuant to an agreement with the attorney general, administrative law judge, or council, the certification shall be reinstated upon completion of the suspension and any terms of the agreement. The academy cannot adopt rules regarding the reinstatement of certification for a law enforcement officer or reserve peace officer.
   The bill provides that a law enforcement officer or reserve peace officer who substantially prevails in a contested decertification or suspension action may petition the district court for an award of reasonable attorney fees, expert fees, and costs and expenses incurred in defending the contested case. The district court shall award reasonable attorney fees, expert fees, and costs and expenses to the officer who substantially prevailed in the contested case.
   PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS (CODE CHAPTER 80F). The bill amends the definition of “formal administrative investigation” relating to formal administrative investigations of officers to include an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint filed against the officer, which may be the basis for administrative charges seeking the removal, discharge, or suspension, or other disciplinary action against the officer. The bill amends the definition of “officer” to include a paramedic, medical provider, dispatcher, and any other law enforcement officer in training or whose certification is governed by the Iowa law enforcement academy, and who is employed by a municipality, county, or state agency.
   The bill provides that upon written request of an officer or an officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to an interview of the officer. The bill provides that the provision of the report and audio and video recordings shall not be construed to constitute a disclosure of public records.
   The bill provides that upon written request of the officer or the officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report, prior statements, and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay and at no charge prior to an interview of the officer. 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 report.
   The bill takes effect upon enactment.
   The section of the bill enacting Code section 80B.13C applies retroactively to January 1, 2024, for pending contested cases.
   The section of the bill enacting Code section 80B.13D applies retroactively to January 1, 2023, for pending contested cases.