SF 65 (LSB 1564XS (3) 91)

SENATE FILE 65

BY  PETERSEN and BENNETT

A BILL FOR

An Act relating to background investigations for certification or recertification as a law enforcement officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  80B.17A  Background investigation prior to certification or recertification.
   1.  For purposes of this section, “moral turpitude” is defined as an act of baseness, vileness, or depravity in the private and social duties that a person owes to another person or to society in general, and includes conduct that is contrary to justice, honesty, or good morals.
   2.  All law enforcement officers shall be certified through the successful completion of training at an approved law enforcement training facility. Prior to enrollment in a certifying training program, all law enforcement officers shall be of good moral character as determined through a thorough background investigation and shall not have been convicted of any felony or a crime or adjudication involving moral turpitude, including but not limited to any of the following:
   a.  A misdemeanor crime of domestic violence as defined in section 724.26, subsection 2, paragraph “c”, or other offenses of domestic violence.
   b.  An adjudication of delinquency based on conduct that would constitute a felony if committed by an adult.
   c.  Any sex crime or crime listed in chapter 709.
   d.  Any crime committed as an adult that resulted in being listed on the sex offender registry.
   e.  An adjudication of delinquency based on conduct that would constitute a crime if committed by an adult that resulted in being listed on the sex offender registry.
   f.  Any crime involving child abuse as defined in section 232.68, subsection 2, resulting in placement in the central registry as a case of founded child abuse under section 232.71D.
   3.  All law enforcement officers seeking recertification shall be subject to a background investigation as provided in subsection 2.
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 background investigations for certification or recertification as a law enforcement officer.
   The bill provides that prior to enrollment in a certifying training program, all law enforcement officers shall be of good moral character as determined through a thorough background investigation and shall not have been convicted of any felony or a crime or adjudication involving moral turpitude. The bill defines “moral turpitude” as an act of baseness, vileness, or depravity in the private and social duties that a person owes to another person or to society in general, and includes conduct that is contrary to justice, honesty, or good morals.
   The bill provides that a crime or adjudication involving moral turpitude includes but is not limited to any of the following: offenses of domestic violence; an adjudication of delinquency based on conduct that would constitute a felony if committed by an adult; any sex crime or crime listed in Code chapter 709 (sexual abuse); any crime committed as an adult that resulted in being listed on the sex offender registry; an adjudication of delinquency based on conduct that would constitute a crime if committed by an adult that resulted in being listed on the sex offender registry; or any crime involving child abuse.
   The bill provides that law enforcement officers seeking recertification shall be subject to the same background investigation.