Senate File 476 - Reprinted SENATE FILE 476 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1178) (As Amended and Passed by the Senate March 8, 2021 ) A BILL FOR An Act relating to qualified immunity, the peace officer, 1 public safety, and emergency personnel bill of rights, 2 uniform commercial code filings, and protected information 3 of law enforcement officers and state or federal judicial 4 officers and prosecutors, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 476 (4) 89 cm/jh/mb

S.F. 476 DIVISION I 1 QUALIFIED IMMUNITY 2 Section 1. NEW SECTION . 669.14A Qualified immunity. 3 1. Notwithstanding any other provision of law, an employee 4 of the state subject to a claim brought under this chapter 5 shall not be liable for monetary damages if any of the 6 following apply: 7 a. The right, privilege, or immunity secured by law was not 8 clearly established at the time of the alleged deprivation, 9 or at the time of the alleged deprivation the state of the 10 law was not sufficiently clear that every reasonable employee 11 would have understood that the conduct alleged constituted a 12 violation of law. 13 b. A court of competent jurisdiction has issued a final 14 decision on the merits holding, without reversal, vacatur, or 15 preemption, that the specific conduct alleged to be unlawful 16 was consistent with the law. 17 2. The state or a state agency shall not be liable for 18 any claim brought under this chapter where the employee 19 was determined to be protected by qualified immunity under 20 subsection 1. 21 3. A plaintiff who brings a claim under this chapter 22 alleging a violation of the law must state with particularity 23 the circumstances constituting the violation and that the law 24 was clearly established at the time of the alleged violation. 25 Failure to plead a plausible violation or failure to plead that 26 the law was clearly established at the time of the alleged 27 violation shall result in dismissal with prejudice. 28 4. Any decision by the district court denying qualified 29 immunity shall be immediately appealable. 30 5. This section shall apply in addition to any other 31 statutory or common law immunity. 32 Sec. 2. NEW SECTION . 669.26 Money damages —— nonwaiver of 33 rights. 34 This chapter shall not be construed to be a waiver of 35 -1- SF 476 (4) 89 cm/jh/mb 1/ 8

S.F. 476 sovereign immunity for a claim for money damages under the 1 Constitution of the State of Iowa. 2 Sec. 3. NEW SECTION . 670.4A Qualified immunity. 3 1. Notwithstanding any other provision of law, an employee 4 or officer subject to a claim brought under this chapter shall 5 not be liable for monetary damages if any of the following 6 apply: 7 a. The right, privilege, or immunity secured by law was not 8 clearly established at the time of the alleged deprivation, 9 or at the time of the alleged deprivation the state of the 10 law was not sufficiently clear that every reasonable employee 11 would have understood that the conduct alleged constituted a 12 violation of law. 13 b. A court of competent jurisdiction has issued a final 14 decision on the merits holding, without reversal, vacatur, or 15 preemption, that the specific conduct alleged to be unlawful 16 was consistent with the law. 17 2. A municipality shall not be liable for any claim brought 18 under this chapter where the employee or officer was determined 19 to be protected by qualified immunity under subsection 1. 20 3. A plaintiff who brings a claim under this chapter 21 alleging a violation of the law must state with particularity 22 the circumstances constituting the violation and that the law 23 was clearly established at the time of the alleged violation. 24 Failure to plead a plausible violation or failure to plead that 25 the law was clearly established at the time of the alleged 26 violation shall result in dismissal with prejudice. 27 4. Any decision by the district court denying qualified 28 immunity shall be immediately appealable. 29 5. This section shall apply in addition to any other 30 statutory or common law immunity. 31 Sec. 4. NEW SECTION . 670.14 Money damages —— nonwaiver of 32 rights. 33 This chapter shall not be construed to be a waiver of 34 sovereign immunity for a claim for money damages under the 35 -2- SF 476 (4) 89 cm/jh/mb 2/ 8

S.F. 476 Constitution of the State of Iowa. 1 Sec. 5. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 DIVISION II 4 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF 5 RIGHTS 6 Sec. 6. Section 80F.1, subsection 1, paragraph a, Code 2021, 7 is amended to read as follows: 8 a. “Complaint” means a formal written allegation signed 9 by the complainant or a signed written statement by an 10 officer receiving an oral complaint stating the complainant’s 11 allegation. 12 Sec. 7. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18, 13 Code 2021, are amended to read as follows: 14 3. a. A formal administrative investigation of an officer 15 shall be commenced and completed in a reasonable period of 16 time and an . An officer shall be immediately notified in 17 writing of the preliminary results of the investigation when 18 the investigation is completed and any recommendations for the 19 disposition of the complaint and discipline . 20 b. Upon initiating a formal administrative investigation 21 of an officer, the investigating agency shall promptly serve 22 the officer under investigation with written notice of the 23 complaint, shall inform the officer of the officer’s right to 24 counsel, and shall provide the officer with a copy of the peace 25 officer bill of rights. The notice shall include the names of 26 all of the complainants, the alleged date of the occurrence 27 giving rise to the complaint, a summary of the factual 28 allegations against the officer, and the name and rank or title 29 of the investigator in charge of the formal administrative 30 investigation. 31 5. a. An officer who is the subject of a complaint, shall 32 at a minimum, be provided a written summary of the complaint 33 prior to an interview. If a collective bargaining agreement 34 applies, the complaint or written summary shall be provided 35 -3- SF 476 (4) 89 cm/jh/mb 3/ 8

S.F. 476 pursuant to the procedures established under the collective 1 bargaining agreement. If the complaint alleges domestic abuse, 2 sexual abuse, or sexual harassment, an officer shall not 3 receive more than a written summary of the complaint. 4 b. Upon written request of the officer or the officer’s 5 legal counsel, the employing agency shall provide to the 6 officer or the officer’s legal counsel a complete copy of the 7 officer’s incident reports and the officer’s video or audio 8 recordings from the incident giving rise to the complaint 9 without unnecessary delay prior to an interview of the officer. 10 8. a. The officer shall have the right to have the 11 assistance of legal counsel present , at the officer’s expense, 12 during the interview of the officer , during hearings, or during 13 other disciplinary or administrative proceedings related to the 14 complaint . In addition, the officer shall have the right, at 15 the officer’s expense, to have a union representative present 16 during the interview or, if not a member of a union, the 17 officer shall have the right to have a designee present. 18 b. The officer’s legal counsel, union representative, or 19 employee representative shall not be compelled to disclose in 20 any judicial proceeding, nor be subject to any investigation 21 or punitive action for refusing to disclose, any information 22 received from the officer under investigation or from an agent 23 of the officer. The officer and the officer’s legal counsel 24 may coordinate and communicate in confidence with the officer’s 25 designated union representative or employee representative, 26 and the communications are not subject to discovery in any 27 proceeding. 28 9. If a formal administrative investigation results in 29 the removal, discharge, or suspension, or other disciplinary 30 action against an officer, copies of any witness statements 31 and the complete investigative agency’s report shall be timely 32 provided to the officer upon the request of the officer or the 33 officer’s legal counsel upon request at the completion of the 34 investigation . 35 -4- SF 476 (4) 89 cm/jh/mb 4/ 8

S.F. 476 13. An In addition to any other remedies available, an 1 officer shall have the right to pursue civil remedies under the 2 law against a citizen any person, group of persons, employer, 3 organization, or corporation for damages arising from the 4 filing of a false complaint against the officer or any other 5 violation of this chapter including but not limited to actual 6 damages, court costs, and reasonable attorney fees . 7 18. A municipality, county, or state agency employing 8 an officer shall not publicly release the officer’s official 9 photograph without the written permission of the officer or 10 without a request to release pursuant to chapter 22 . An 11 officer’s personal information including but not limited to the 12 officer’s home address, personal telephone number, personal 13 electronic mail address, date of birth, social security number, 14 and driver’s license number shall be confidential and shall be 15 redacted from any record prior to the record’s release to the 16 public by the employing agency. Nothing in this subsection 17 prohibits the release of an officer’s photograph or unredacted 18 personal information to the officer’s legal counsel, union 19 representative, or designated employee representative upon the 20 officer’s request. 21 Sec. 8. Section 80F.1, Code 2021, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 20. The employing agency shall keep 24 an officer’s statement, recordings, or transcripts of any 25 interviews or disciplinary proceedings, and any complaints 26 made against an officer confidential unless otherwise provided 27 by law or with the officer’s written consent. Nothing in 28 this section prohibits the release of an officer’s statement, 29 recordings, or transcripts of any interviews or disciplinary 30 proceedings, and any complaints made against an officer to 31 the officer or the officer’s legal counsel upon the officer’s 32 request. 33 NEW SUBSECTION . 21. An agency employing full-time or 34 part-time officers shall provide training to any officer or 35 -5- SF 476 (4) 89 cm/jh/mb 5/ 8

S.F. 476 supervisor who performs or supervises an investigation under 1 this section, and shall maintain documentation of any training 2 related to this section. The Iowa law enforcement academy 3 shall adopt minimum training standards not inconsistent with 4 this subsection, including training standards concerning 5 interviewing an officer subject to a complaint. 6 NEW SUBSECTION . 22. Upon request, the employing agency 7 shall provide to the requesting officer or the officer’s legal 8 counsel a copy of the officer’s personnel file and training 9 records regardless of whether the officer is subject to a 10 formal administrative investigation at the time of the request. 11 DIVISION III 12 UNIFORM COMMERCIAL CODE FILINGS 13 Sec. 9. Section 554.9516, Code 2021, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 5. Fraudulent filings. 16 a. The filing office may refuse to accept a financing 17 statement that it determines is not created pursuant to the 18 uniform commercial code, or is otherwise intended for an 19 improper purpose, such as to hinder, harass, or otherwise 20 wrongfully interfere with any person. The filing office may 21 also refuse to accept a financing statement that names the same 22 person as both debtor and secured party, describes collateral 23 not within the scope of applicable law, or is being filed for 24 a purpose other than a transaction within the scope of the 25 uniform commercial code. 26 b. If the filing office becomes aware that a financing 27 statement or other record was not created pursuant to the 28 uniform commercial code, or was otherwise intended for an 29 improper purpose, such as to hinder, harass, or otherwise 30 wrongfully interfere with any person, the filing office 31 shall review the record and relevant circumstances and, if it 32 determines that the record was wrongfully filed, the record 33 shall be deemed void and ineffective; and the filing office 34 shall remove the record from the index and communicate the 35 -6- SF 476 (4) 89 cm/jh/mb 6/ 8

S.F. 476 foregoing to the person that presented the wrongfully filed 1 record and to other persons, as appropriate. 2 DIVISION IV 3 PROTECTED INFORMATION 4 Sec. 10. Section 331.604, subsection 3, Code 2021, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . f. Upon request by a law enforcement 7 officer, as defined in section 80B.3, or state or federal 8 judicial officer or state or federal prosecutor, the recorder 9 or the recorder’s staff shall redact the requestor’s name 10 contained in electronic documents that are displayed for public 11 access through an internet site. This paragraph does not apply 12 to a requestor holding or seeking public office. The recorder 13 shall implement and maintain a process to facilitate these 14 requests. A fee shall not be charged for the administration 15 of this paragraph. 16 Sec. 11. Section 622.10, subsection 9, paragraphs a and b, 17 Code 2021, are amended to read as follows: 18 a. A peer support group counselor or individual present 19 for a group crisis intervention who obtains information from 20 an officer or a civilian employee of a law enforcement agency 21 or fire department by reason of the counselor’s capacity as a 22 peer support group counselor or an individual’s presence for 23 a group crisis intervention shall not be allowed, in giving 24 testimony, to disclose any confidential communication properly 25 entrusted to the counselor or individual present for a group 26 crisis intervention by the officer or civilian employee while 27 receiving counseling or group crisis intervention . 28 b. The prohibition in this subsection does not apply 29 where the officer or civilian employee has consented to the 30 disclosure of the information specified in paragraph “a” or 31 where the peer support group counselor or individual present 32 for a group crisis intervention was an initial responding 33 officer, a witness, or a party to the incident which prompted 34 the delivery of peer support group counseling services or the 35 -7- SF 476 (4) 89 cm/jh/mb 7/ 8