Senate Study Bill 1198 - IntroducedA Bill ForAn Act 1relating to officer-involved shootings and
2officer-involved critical incidents.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 80B.11, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3   NEW PARAGRAPH.  m.  Minimum educational standards for
4peace officers investigating officer-involved shootings or
5officer-involved critical incidents.
6   Sec. 2.  NEW SECTION.  80H.1  Peace officer-involved shootings
7and officer-involved critical incidents — investigations.
   81.  As used in this section, unless the context otherwise
9requires:
   10a.  “Department” means the department of public safety.
   11b.  “Division” means the division of criminal investigation
12of the department of public safety.
   13c.  “Officer-involved critical incident” means any of the
14following:
   15(1)  The use of a dangerous weapon by an officer against a
16person that causes injury to any person.
   17(2)  A fatal injury to any person except the officer
18resulting from the use of a motor vehicle by an officer.
   19(3)  The death of a person who is in law enforcement
20custody, but not including a death that is the result of
21disease, natural causes, or conditions that have been medically
22diagnosed prior to the person’s death.
   23(4)  A fatal injury to a person resulting from the efforts
24of an officer attempting to prevent a person’s escape from
25custody, make an arrest, or otherwise gain physical control of
26a person.
   27d.  “Officer-involved shooting” means the discharge of a
28firearm by an officer that results in serious bodily injury
29or death of a person, including an accidental discharge of a
30firearm.
   31e.  “Peace officer” or “officer” means the same as defined
32in section 801.4.
   332.  A chief of police, sheriff, or head of any law
34enforcement agency shall report an officer-involved shooting
35or officer-involved critical incident to the division within
-1-1twenty-four hours of the incident.
   23.  The division may commence a criminal investigation
3of an officer-involved shooting or officer-involved critical
4incident in this state on its own initiative, or upon request
5of the attorney general, a county attorney, a chief of police,
6a sheriff, or the head of any other law enforcement agency.
   74.  The peace officer in charge of investigating an
8officer-involved shooting or officer-involved critical incident
9shall notify the attorney general and county attorney of the
10investigation.
   115.  The peace officer in charge of investigating an
12officer-involved shooting or officer-involved critical
13incident may request that the officer who is the subject of an
14officer-involved shooting or officer-involved critical incident
15investigation submit to a voluntary interview as part of the
16investigation.
   176.  The peace officer in charge of investigating an
18officer-involved shooting or officer-involved critical
19incident shall inform the officer who is the subject of the
20investigation of the right to legal counsel, shall allow a
21reasonable opportunity for the officer to secure legal counsel
22in advance of an interview or interrogation, and shall inform
23the officer of the officer’s right to remain silent.
   247.  Upon request, an officer who is the subject of an
25investigation or the officer’s legal counsel shall have the
26right to immediately receive, at no charge, a certified copy of
27video and audio recordings, including any body camera video and
28radio traffic recordings, to use in the officer’s defense. The
29requested video and audio recordings shall be provided at least
30forty-eight hours prior to an interview, interrogation, or
31grand jury proceeding. The officer and officer’s legal counsel
32shall not release any confidential video and audio recordings
33to the public without the written consent of the lawful records
34custodian or a court order authorizing the release.
   358.  The department shall keep the name of an officer involved
-2-1in a shooting or a critical incident confidential until the
2officer has been interviewed or interrogated as part of the
3investigation, or until the officer or the officer’s legal
4counsel declines a voluntary interview. The department and
5the officer’s employing agency shall keep the home address and
6personal contact information of the officer confidential.
   79.  The law enforcement agency employing an officer involved
8in a shooting or a critical incident shall promptly offer
9to the officer confidential peer support and confidential
10counseling at no charge to the officer.
   1110.  The department shall develop and maintain a searchable
12database providing statistics and demographic information
13for each officer-involved shooting and each officer-involved
14critical incident reported each calendar year and shall update
15the database at least quarterly. The commissioner of the
16department shall post the database on the department’s internet
17site. The department shall not report personally identifying
18information of an officer involved in a shooting or a critical
19incident or of any other person involved.
   2011.  The Iowa law enforcement academy shall develop and
21promulgate minimum educational standards for any peace officer
22performing officer-involved shooting or officer-involved
23critical incident investigations. An employing law enforcement
24agency shall provide periodic training to a peace officer
25performing officer-involved shooting or officer-involved
26critical incident investigations and any supervisor who
27may respond to a report of an officer-involved shooting or
28officer-involved critical incident.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This bill relates to officer-involved shootings and
33officer-involved critical incidents.
   34The bill defines “officer-involved critical incident” as
35any of the following: the use of a dangerous weapon by an
-3-1officer against a person that causes injury to any person; a
2fatal injury to any person except the officer resulting from
3the use of a motor vehicle by an officer; the death of a person
4who is in law enforcement custody, but not including a death
5that is the result of disease, natural causes, or conditions
6that have been medically diagnosed prior to the person’s death;
7or a fatal injury to a person resulting from the efforts of an
8officer attempting to prevent a person’s escape from custody,
9make an arrest, or otherwise gain physical control of a person.
10“Officer-involved shooting” is defined as the discharge of a
11firearm by an officer that results in serious bodily injury
12or death of a person, including an accidental discharge of a
13firearm.
   14The bill provides that the chief of police, sheriff, or head
15of any law enforcement agency shall report an officer-involved
16shooting or officer-involved critical incident to the division
17of criminal investigation of the department of public safety
18(division) within 24 hours of the incident. The division
19may commence an investigation on its own initiative, or upon
20request by the attorney general, a county attorney, a chief of
21police, a sheriff, or the head of any other law enforcement
22agency. The peace officer in charge of investigating an
23officer-involved shooting or officer-involved critical incident
24shall notify the attorney general and county attorney of the
25investigation, and may request that the officer who is the
26subject of the investigation submit to a voluntary interview.
27The officer who is the subject of the investigation shall be
28informed of the right to legal counsel, shall be allowed a
29reasonable opportunity to secure legal counsel in advance of an
30interview or interrogation, and shall be informed of the right
31to remain silent.
   32The bill provides that upon request, an officer who is the
33subject of an investigation or the officer’s legal counsel
34shall have the right to receive, at least 48 hours prior to
35an interview, interrogation, or grand jury proceeding, at
-4-1no charge, a certified copy of video and audio recordings,
2including body camera video and radio traffic recordings, to
3use in the officer’s defense. The officer and officer’s legal
4counsel shall not release any confidential video and audio
5recordings to the public without the written consent of the
6lawful records custodian or a court order authorizing the
7release.
   8The bill provides that the department of public safety
9(department) shall keep the name of an officer involved in a
10shooting or critical incident confidential until the officer
11has been interviewed or interrogated as part of the criminal
12investigation, or until the officer or the officer’s legal
13counsel declines a voluntary interview. The department and
14the officer’s employing agency shall keep the home address
15and personal contact information of the officer confidential.
16The law enforcement agency employing an officer involved in
17a shooting or critical incident shall promptly offer to the
18officer confidential peer support and confidential counseling
19at no charge to the officer.
   20The bill provides that the department shall develop and
21maintain a searchable database providing statistics and
22demographic information for each officer-involved shooting and
23each officer-involved critical incident reported each calendar
24year and shall update the database at least quarterly, and the
25commissioner of the department shall post the database on the
26department’s internet site. The department shall not report
27personally identifying information of an officer involved in a
28shooting or critical incident or of any other person involved.
29The Iowa law enforcement academy shall develop and promulgate
30minimum educational standards for any peace officer performing
31officer-involved shooting or officer-involved critical incident
32investigations. An employing law enforcement agency shall
33provide periodic training to a peace officer performing
34officer-involved shootings or officer-involved critical
35incident investigations and any supervisor who may respond to a
-5-1report of an officer-involved shooting or an officer-involved
2critical incident.
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