House
File
2592
-
Reprinted
HOUSE
FILE
2592
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
2295)
(As
Amended
and
Passed
by
the
House
February
29,
2024
)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
police
officer
on
a
1
Brady-Giglio
list,
including
the
right
of
a
police
officer
2
to
petition
the
court
and
the
standard
of
proof
required
for
3
actions
regarding
such
placement.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
HF
2592
(3)
90
as/js/md
H.F.
2592
Section
1.
Section
80F.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
25.
An
officer
shall
have
the
right
3
to
petition
the
district
court,
appeal,
or
intervene
in
an
4
action
regarding
a
prosecuting
agency’s
decision
to
place
an
5
officer
on
a
Brady-Giglio
list.
The
district
court
shall
6
have
jurisdiction
over
the
review
of
the
prosecuting
agency’s
7
decision.
The
district
court
shall
perform
an
in
camera
8
review
of
the
evidence
and
may
hold
a
closed
hearing
upon
the
9
request
of
the
officer
or
prosecuting
agency,
or
upon
the
10
court’s
own
motion.
The
district
court
may
affirm,
modify,
11
or
reverse
a
prosecuting
agency’s
decision,
and
issue
orders
12
or
provide
relief,
including
removal
of
the
officer
from
a
13
Brady-Giglio
list,
as
justice
may
require.
Evidence
presented
14
to
the
district
court
shall
be
provided
under
seal
and
kept
15
confidential
unless
otherwise
provided
by
law
and
ordered
by
16
the
district
court.
17
Sec.
2.
NEW
SECTION
.
80F.3
Standard
of
proof.
18
The
standard
of
proof
for
an
allegation,
administrative
19
charge,
complaint,
cause
of
action,
claim,
or
defense
under
20
this
chapter
shall
be
a
preponderance
of
the
evidence
unless
a
21
higher
standard
of
proof
is
required
by
law.
22
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