SF 2504 (LSB 6972SV (1) 91)

SENATE FILE 2504

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO SSB 3198)

(COMPANION TO HF 2797 BY COMMITTEE ON WAYS AND MEANS)

A BILL FOR

An Act relating to Brady-Giglio list appeals and law enforcement officers’ rights, and providing effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, subsection 25, Code 2026, 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, 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. 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.  If the court finds in favor of the officer under this subsection, upon application, the court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. Any such award shall be paid by the state or the municipality or county that employs or is responsible for the prosecuting agency.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to the placement of an officer on a Brady-Giglio list and subsequent proceedings and orders occurring on and after July 1, 2021.
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 Brady-Giglio list appeals and law enforcement officers’ rights.
   The bill provides that an officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when such placement, action, or decision occurred, shall have the rights afforded under the bill.
   The bill provides that if an officer, after appealing a decision placing the officer on a Brady-Giglio list, prevails, the court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. Any such award shall be paid by the state or the municipality or county that employs or is responsible for the prosecuting agency.
   The bill takes effect upon enactment.
   The bill applies retroactively to the placement of an officer on a Brady-Giglio list and subsequent proceedings and orders occurring on and after July 1, 2021.