HSB 625 (LSB 5725YC (1) 91)

HOUSE FILE _____ 

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

A BILL FOR

An Act relating to the peace officer, public safety, and emergency personnel bill of rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsections 1, 5, 6, 7, 8, 9, 10, 13, 16, 17, 19, 20, and 25, Code 2026, are amended to read as follows:
   1.  As used in this section, unless the context otherwise requires:
   a.  “Brady-Giglio list” means a list or other information 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 that places the officer’s credibility into question. 
   b.  “Complaint” means a formal written allegation signed by the complainant or a signed written statement by an officer or employee receiving an oral complaint stating the complainant’s allegation.
   c.  “Formal administrative investigation” means an investigative process, based upon a complaint, 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 which may be the basis for seeking removal, discharge, or suspension, or other disciplinary action against the officer that, if sustained, could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint. Reassignment does not include transfers or reassignments based upon the needs of the department, normal rotations, or other reasons not related to a filed complaint. “Formal administrative investigation” does not include actions against the officer based solely upon the officer’s probationary status without a complaint.
   d.  “Informal inquiry” means a meeting by supervisory or command personnel with an officer who is the subject of an allegation, for the purpose of resolving the allegation or determining whether a formal administrative investigation should be commenced preliminary review of a complaint by a commanding officer of an agency or the commander’s designee to determine the seriousness of an alleged complaint. If, through the preliminary review, the seriousness of the allegations made in the complaint are such that they could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint, the investigation shall transition to a formal administrative investigation.
   e.  “Interview” means the questioning of an officer who is the subject of a complaint pursuant to as part of 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 will not result in removal, discharge, suspension, or other disciplinary action against the officer.  An interview conducted under this section shall be construed to be a hearing.
   f.  “Officer” means a certified law enforcement officer, fire fighter, fire marshal, emergency medical technician, paramedic, emergency medical care provider as defined in section 147A.1, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, or dispatcher. “Officer” includes any other fire fighter or law enforcement officer who is in training to become certified, and whose certification is governed by the Iowa law enforcement academy and or state fire marshal, who is employed either part-time or full-time by a municipality, county, or state agency.
   g.  “Prosecuting agency” means the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, a special prosecutor, a city attorney, or an assistant city attorney.
   h.  “Statement” means the statement of the officer who is the subject of an allegation in response to a complaint.
   5.  a.  An officer who is the subject of a complaint, formal administrative investigation shall, at a minimum, be provided with a written summary of the complaint that includes the nature of the complaint and, if known, the date and location of the alleged misconduct 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.  The employing agency or investigating agency shall provide, at a minimum, to the officer who is the subject of a complaint or the officer’s legal counsel a complete copy of the officer’s incident report, the officer’s prior statements, documents created by the officer who is the subject of the complaint that are directly related to the complaint, 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 or any Brady-Giglio proceeding. Nothing in this paragraph shall be construed to constitute a disclosure of public records.
   6.  An officer being interviewed shall receive reasonable notice of the interview. At the beginning of the interview, the officer being interviewed shall be advised by the interviewer that the officer shall answer the questions and be advised that the answers shall not be used against the officer in any pending or subsequent criminal investigation or proceeding.
   7.  a.  An interview or hearing of an officer who is the subject of the complaint shall, at a minimum, be audio recorded, and any interview or hearing shall be limited to those questions directly related to the officer’s employment. Witness interviews shall be audio recorded.
   b.  An officer’s statement obtained in violation of this subsection shall not be used against the officer for disciplinary action.
   8.  a.  The officer shall have the right to have the assistance of legal counsel, at the officer’s expense, during the interview of the officer and during hearings or other disciplinary or administrative proceedings relating to the complaint, and any Brady-Giglio hearings or proceedings. In addition, the officer shall have the right, at the officer’s expense, unless otherwise agreed upon with the employing agency, to have a union representative present during the interview or hearing or, if not a member of a union, the officer shall have the right to have a designee present.
   b.  The officer’s legal counsel, union representative, or employee representative shall not be compelled to disclose in any judicial proceeding, nor be subject to any investigation or punitive action for refusing to disclose, any information received from an officer under investigation or from an agent of the officer, so long as the officer or agent of the officer is an uninvolved party and not considered a witness to any incident. The officer’s legal counsel may coordinate and communicate in confidence with the officer’s designated union representative or employee representative, and such communications are not subject to discovery in any proceeding.
   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 who is the subject of the formal administrative investigation 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 at the end of the investigation or before the prediscipline hearing or any Brady-Giglio hearing or proceeding at no charge.
   10.  An interview shall be conducted at any facility of the investigating agency designated by the employer, and at a reasonable time.
   13.  An officer shall have the right to bring a cause of action against any person as defined in section 4.1, subsection 20, including but not limited to the employing agency, group of persons, organization, or corporation for damages arising from the filing of a knowingly false complaint against the officer or any other violation of this chapter including but not limited to actual damages, court costs, and reasonable attorney fees.
   16.  An officer shall not be discharged, disciplined, or threatened with discharge or discipline without just cause or in retaliation for exercising the rights of the officer enumerated in this section, chapters 17A, 80, 341A, or 400, or as otherwise provided by law or contract.
   17.  The rights enumerated in this section chapter are in addition to any other rights, privileges, actions, or remedies granted pursuant to a collective bargaining agreement or other applicable law.
   19.  If a formal administrative investigation results in removal, discharge, suspension, or disciplinary action against reassignment, suspension, demotion, removal, or discharge of an officer, and the officer alleges in writing a violation of the provisions of this section, the municipality, county, or state agency employing the officer shall hold in abeyance for a period of ten days any punitive action taken as a result of the investigation, including a reprimand. An allegation of a violation of this section may be raised and given due consideration in any properly authorized grievance or appeal exercised by an officer, including but not limited to a grievance or appeal exercised pursuant to the terms of an applicable collective bargaining agreement and an appeal right exercised under section 341A.12 or 400.20.
   20.  The employing agency shall keep an officer’s the statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer who is the subject of a complaint confidential unless otherwise provided by law or with the officer’s written consent. Nothing in this section prohibits the release of an officer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer to the officer or the officer’s legal counsel upon the officer’s request.
   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 attorney, regardless of when such placement, action, or decision 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.  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. 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 or other equitable relief, 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 A final decision of the district court may be appealed to the supreme court within thirty days. A prosecuting agency or employee of a prosecuting agency shall be immune from money damages for an action under this section. If the district court finds in favor of the officer under this subsection, upon application, the district court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. This subsection applies retroactively to July 1, 2021.
    Sec. 2.  Section 80F.1, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  9A.  Any officer may consent to the release of any and all records held by the agency related to the officer’s employment and the agency shall provide such records.
   NEW SUBSECTION.  26.  A prosecuting agency shall fairly and impartially make good faith decisions regarding the placement of any officer on a Brady-Giglio list or making any Brady-Giglio disclosure.
   NEW SUBSECTION.  27.  The district court shall have jurisdiction over actions brought under this chapter. The burden of proof to sustain an allegation or administrative charge resulting in the placement of an officer’s name on a Brady-Giglio list shall be by clear and convincing evidence. A final decision of the district court may be appealed to the supreme court within thirty days.
   NEW SUBSECTION.  28.  A complaint against an officer shall be made within a reasonable period of time from the date when the complainant knew or should have known of the officer’s act or omission.
   NEW SUBSECTION.  29.  An employing agency, investigating agency, or prosecuting agency shall not require an officer to produce or disclose the officer’s personal records, including financial or electronic device records, except pursuant to a valid search warrant or subpoena.
   NEW SUBSECTION.  30.  An officer shall not be compelled or coerced to make any statement or answer any questions regarding privileged information.
   NEW SUBSECTION.  31.  An employing agency, investigating agency, or prosecuting agency shall not withhold exculpatory evidence from an officer who is the subject of a formal administrative investigation.
   NEW SUBSECTION.  32.  The burden of proof to sustain an allegation, complaint, or administrative charge of untruthfulness, dishonesty, or other grounds for action or placement on a Brady-Giglio list shall be by clear and convincing evidence.
    Sec. 3.  Section 80F.1, subsection 24, paragraph i, Code 2026, is amended by striking the paragraph.
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 peace officer, public safety, and emergency personnel bill of rights.
   The bill amends the definition of “formal administrative investigation” to mean an investigative process, based upon a complaint, ordered by a commanding officer of an agency or commander’s designee that, if sustained, could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint. Reassignment does not include transfers or reassignments based upon the needs of the department, normal rotations, or other reasons not related to a filed complaint. “Formal administrative investigation” does not include actions against the officer based solely upon the officer’s probationary status without a complaint. The definition of “informal inquiry” is amended to mean a preliminary review of a complaint by a commanding officer of an agency or the commander’s designee to determine the seriousness of an alleged complaint. If, through the preliminary review, the seriousness of the allegations made in the complaint are such that they could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint, the investigation shall transition to a formal administrative investigation.
   The bill provides that an officer who is the subject of a formal administrative investigation must, at a minimum, be provided with a written summary of the complaint that includes the nature of the complaint and, if known, the date and location of the alleged misconduct prior to an interview. The employing agency or investigating agency must provide to the officer who is the subject of a complaint or the officer’s legal counsel a complete copy of the officer’s incident report, the officer’s prior statements, documents created by the officer who is the subject of the complaint that are directly related to the complaint, 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 or any Brady-Giglio proceeding. Nothing in this provision of the bill shall be construed to constitute a disclosure of public records. An officer being interviewed must receive reasonable notice of the interview. An interview or hearing of an officer shall be audio recorded, and any interview or hearing shall be limited to those questions directly related to the officer’s employment. Witness interviews shall be audio recorded. An officer’s statement obtained in violation of the bill may not be used against the officer for disciplinary action.
   The bill provides that upon written request, an officer who is the subject of the formal administrative investigation 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 at the end of the investigation or before the prediscipline hearing or any Brady-Giglio hearing or proceeding at no charge.
   The bill provides that 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. A final decision of the district court may be appealed to the supreme court within 30 days. A prosecuting agency or employee of a prosecuting agency shall be immune from money damages for an action under the bill. If the district court finds in favor of the officer, upon application, the district court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. This provision of the bill applies retroactively to July 1, 2021.
   The bill provides that any officer may consent to the release of any and all records held by the agency related to the officer’s employment and the agency shall provide such records.
   The bill requires a prosecuting agency to fairly and impartially make good faith decisions regarding the placement of any officer on a Brady-Giglio list or making any Brady-Giglio disclosure.
   The bill provides the district court shall have jurisdiction over actions brought under the bill. The burden of proof to sustain an allegation or administrative charge resulting in the placement of an officer’s name on a Brady-Giglio list shall be by clear and convincing evidence. A final decision of the district court may be appealed to the supreme court within 30 days.
   The bill requires a complaint against an officer to be made within a reasonable period of time from the date when the complainant knew or should have known of the officer’s act or omission. An employing agency, investigating agency, or prosecuting agency shall not require an officer to produce or disclose the officer’s personal records, including financial or electronic device records, except pursuant to a valid search warrant or subpoena. An officer shall not be compelled or coerced to make any statement or answer any questions regarding privileged information. An employing agency, investigating agency, or prosecuting agency shall not withhold exculpatory evidence from an officer who is the subject of a formal administrative investigation. The bill provides that the burden of proof to sustain an allegation, complaint, or administrative charge of untruthfulness, dishonesty, or other grounds for action or placement on a Brady-Giglio list shall be by clear and convincing evidence.