Senate Study Bill 3198 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON DAWSON) A BILL FOR An Act relating to Brady-Giglio list appeals and law 1 enforcement officers’ rights, and providing effective date 2 and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6972XC (3) 91 as/js

S.F. _____ Section 1. Section 80F.1, subsection 25, Code 2026, is 1 amended to read as follows: 2 25. An officer shall have the right to petition the 3 district court, appeal, or intervene in an action regarding 4 a prosecuting agency’s decision to place an officer on a 5 Brady-Giglio list. An officer placed on a Brady-Giglio list 6 by a prosecuting agency, regardless of when such placement, 7 action, or decision occurred, shall have the rights afforded 8 under this subsection. The district court shall have 9 jurisdiction over the review of the prosecuting agency’s 10 decision. The district court shall perform an in camera 11 review of the evidence and may hold a closed hearing upon the 12 request of the officer or prosecuting agency, or upon the 13 court’s own motion. The district court may affirm, modify, 14 or reverse a prosecuting agency’s decision, and issue orders 15 or provide relief, including removal of the officer from a 16 Brady-Giglio list, as justice may require. Evidence presented 17 to the district court shall be provided under seal and kept 18 confidential unless otherwise provided by law and ordered 19 by the district court. If the court finds in favor of the 20 officer under this subsection, upon application, the court 21 shall award the officer equitable relief, reasonable attorney 22 fees, expenses, and court costs. Any such award shall be paid 23 by the state or the municipality or county that employs or is 24 responsible for the prosecuting agency. 25 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 26 importance, takes effect upon enactment. 27 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 28 retroactively to the placement of an officer on a Brady-Giglio 29 list and subsequent proceedings and orders occurring on and 30 after July 1, 2021. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to Brady-Giglio list appeals and law 35 -1- LSB 6972XC (3) 91 as/js 1/ 2

S.F. _____ enforcement officers’ rights. 1 The bill provides that an officer placed on a Brady-Giglio 2 list by a prosecuting agency, regardless of when such 3 placement, action, or decision occurred, shall have the rights 4 afforded under the bill. 5 The bill provides that if an officer, after appealing a 6 decision placing the officer on a Brady-Giglio list, prevails, 7 the court shall award the officer equitable relief, reasonable 8 attorney fees, expenses, and court costs. Any such award shall 9 be paid by the state or the municipality or county that employs 10 or is responsible for the prosecuting agency. 11 The bill takes effect upon enactment. 12 The bill applies retroactively to the placement of an 13 officer on a Brady-Giglio list and subsequent proceedings and 14 orders occurring on and after July 1, 2021. 15 -2- LSB 6972XC (3) 91 as/js 2/ 2