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Senate File 568 - 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 in the officer’s official capacity as a peace
15officer:
16(1) The use of a dangerous weapon by an officer against a
17person that causes a serious bodily injury to any person.
18(2) A fatal injury to any person except the officer
19resulting from the use of a motor vehicle by an officer.
20(3) The death of a person who is in law enforcement
21custody, but not including a death that is the result of
22disease, natural causes, or conditions that have been medically
23diagnosed prior to the person’s death.
24(4) A fatal injury to a person resulting from the efforts
25of an officer attempting to prevent a person’s escape from
26custody, make an arrest, or otherwise gain physical control of
27a person.
28d. “Officer-involved shooting” means the discharge of a
29firearm by an officer that results in serious bodily injury
30or death of a person, including an accidental discharge of a
31firearm.
32e. “Peace officer” or “officer” means the same as defined
33in section 801.4.
34f. “Serious bodily injury” means an injury that creates a
35substantial risk of death or is otherwise life-threatening.
-1- 12. A chief of police, sheriff, or head of any law
2enforcement agency shall report an officer-involved shooting
3or officer-involved critical incident to the division within
4twenty-four hours of the incident.
53. The division may commence a criminal investigation of an
6officer-involved shooting or officer-involved critical incident
7in this state upon request of the attorney general, a county
8attorney, a chief of police, a sheriff, or the head of any
9other law enforcement agency.
104. The peace officer in charge of investigating an
11officer-involved shooting or officer-involved critical incident
12shall notify the attorney general and county attorney of the
13investigation.
145. The peace officer in charge of investigating an
15officer-involved shooting or officer-involved critical
16incident may request that the officer who is the subject of an
17officer-involved shooting or officer-involved critical incident
18investigation submit to a voluntary interview as part of the
19investigation.
206. The peace officer in charge of investigating an
21officer-involved shooting or officer-involved critical incident
22shall allow a reasonable opportunity for the officer who is
23under investigation to secure legal counsel in advance of an
24interview.
257. Upon request, an officer who is the subject of an
26investigation or the officer’s legal counsel shall have the
27right to immediately receive from the employing agency, at no
28charge, a certified copy of the officer-involved video and
29audio recordings, including any body-worn camera video and
30radio traffic recordings, to use in the officer’s defense.
31The requested video and audio recordings shall be provided
32by the employing agency at least forty-eight hours prior to
33an interview, interrogation, or grand jury proceeding. The
34officer and officer’s legal counsel shall not release any
35confidential video and audio recordings to the public without
-2-1the written consent of the lawful records custodian or a court
2order authorizing the release.
38. The department shall keep the name of an officer involved
4in a shooting or a critical incident confidential until the
5officer has been interviewed or interrogated as part of the
6investigation, or until the officer or the officer’s legal
7counsel declines a voluntary interview. The department and
8the officer’s employing agency shall keep the home address and
9personal contact information of the officer confidential.
109. The law enforcement agency employing an officer involved
11in a shooting or a critical incident shall promptly offer
12to the officer confidential peer support and confidential
13counseling at no charge to the officer.
1410. The department shall develop and maintain a searchable
15database providing statistics and demographic information
16for each officer-involved shooting and each officer-involved
17critical incident reported each calendar year and shall update
18the database at least quarterly. The commissioner of the
19department shall post the database on the department’s internet
20site. The department shall not report personally identifying
21information of an officer involved in a shooting or a critical
22incident or of any other person involved.
2311. The Iowa law enforcement academy shall develop and
24promulgate minimum educational standards for any peace officer
25performing officer-involved shooting or officer-involved
26critical incident investigations. An employing law enforcement
27agency shall provide periodic training to a peace officer
28performing officer-involved shooting or officer-involved
29critical incident investigations and any supervisor who
30may respond to a report of an officer-involved shooting or
31officer-involved critical incident.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to officer-involved shootings and
-3-1officer-involved critical incidents.
2The bill defines “officer-involved critical incident” as any
3of the following in the officer’s official capacity as a peace
4officer: the use of a dangerous weapon by an officer against
5a person that causes a serious bodily injury to any person; a
6fatal injury to any person except the officer resulting from
7the use of a motor vehicle by an officer; the death of a person
8who is in law enforcement custody, but not including a death
9that is the result of disease, natural causes, or conditions
10that have been medically diagnosed prior to the person’s death;
11or a fatal injury to a person resulting from the efforts of an
12officer attempting to prevent a person’s escape from custody,
13make an arrest, or otherwise gain physical control of a person.
14“Officer-involved shooting” is defined as the discharge of a
15firearm by an officer that results in serious bodily injury
16or death of a person, including an accidental discharge of
17a firearm. “Serious bodily injury” is defined as an injury
18that creates a substantial risk of death or is otherwise
19life-threatening.
20The bill provides that the chief of police, sheriff, or head
21of any law enforcement agency shall report an officer-involved
22shooting or officer-involved critical incident to the division
23of criminal investigation of the department of public safety
24(division) within 24 hours of the incident. The division
25may commence an investigation upon request by the attorney
26general, a county attorney, a chief of police, a sheriff,
27or the head of any other law enforcement agency. The peace
28officer in charge of investigating an officer-involved
29shooting or officer-involved critical incident shall notify
30the attorney general and county attorney of the investigation,
31and may request that the officer who is the subject of the
32investigation submit to a voluntary interview. The officer
33who is the subject of the investigation shall be allowed a
34reasonable opportunity to secure legal counsel in advance of
35an interview or interrogation.
-4- 1The bill provides that upon request, an officer who is the
2subject of an investigation or the officer’s legal counsel
3shall have the right to receive from the employing agency,
4at least 48 hours prior to an interview, interrogation, or
5grand jury proceeding, at no charge, a certified copy of
6the officer-involved video and audio recordings, including
7body-worn camera video and radio traffic recordings, to use in
8the officer’s defense. The officer and officer’s legal counsel
9shall not release any confidential video and audio recordings
10to the public without the written consent of the lawful records
11custodian or a court order authorizing the release.
12The bill provides that the department of public safety
13(department) shall keep the name of an officer involved in a
14shooting or critical incident confidential until the officer
15has been interviewed or interrogated as part of the criminal
16investigation, or until the officer or the officer’s legal
17counsel declines a voluntary interview. The department and
18the officer’s employing agency shall keep the home address
19and personal contact information of the officer confidential.
20The law enforcement agency employing an officer involved in
21a shooting or critical incident shall promptly offer to the
22officer confidential peer support and confidential counseling
23at no charge to the officer.
24The bill provides that the department shall develop and
25maintain a searchable database providing statistics and
26demographic information for each officer-involved shooting and
27each officer-involved critical incident reported each calendar
28year and shall update the database at least quarterly, and the
29commissioner of the department shall post the database on the
30department’s internet site. The department shall not report
31personally identifying information of an officer involved in a
32shooting or critical incident or of any other person involved.
33The Iowa law enforcement academy shall develop and promulgate
34minimum educational standards for any peace officer performing
35officer-involved shooting or officer-involved critical incident
-5-1investigations. An employing law enforcement agency shall
2provide periodic training to a peace officer performing
3officer-involved shootings or officer-involved critical
4incident investigations and any supervisor who may respond to a
5report of an officer-involved shooting or an officer-involved
6critical incident.
-6-as/rh
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 in the officer’s official capacity as a peace
15officer:
16(1) The use of a dangerous weapon by an officer against a
17person that causes a serious bodily injury to any person.
18(2) A fatal injury to any person except the officer
19resulting from the use of a motor vehicle by an officer.
20(3) The death of a person who is in law enforcement
21custody, but not including a death that is the result of
22disease, natural causes, or conditions that have been medically
23diagnosed prior to the person’s death.
24(4) A fatal injury to a person resulting from the efforts
25of an officer attempting to prevent a person’s escape from
26custody, make an arrest, or otherwise gain physical control of
27a person.
28d. “Officer-involved shooting” means the discharge of a
29firearm by an officer that results in serious bodily injury
30or death of a person, including an accidental discharge of a
31firearm.
32e. “Peace officer” or “officer” means the same as defined
33in section 801.4.
34f. “Serious bodily injury” means an injury that creates a
35substantial risk of death or is otherwise life-threatening.
-1- 12. A chief of police, sheriff, or head of any law
2enforcement agency shall report an officer-involved shooting
3or officer-involved critical incident to the division within
4twenty-four hours of the incident.
53. The division may commence a criminal investigation of an
6officer-involved shooting or officer-involved critical incident
7in this state upon request of the attorney general, a county
8attorney, a chief of police, a sheriff, or the head of any
9other law enforcement agency.
104. The peace officer in charge of investigating an
11officer-involved shooting or officer-involved critical incident
12shall notify the attorney general and county attorney of the
13investigation.
145. The peace officer in charge of investigating an
15officer-involved shooting or officer-involved critical
16incident may request that the officer who is the subject of an
17officer-involved shooting or officer-involved critical incident
18investigation submit to a voluntary interview as part of the
19investigation.
206. The peace officer in charge of investigating an
21officer-involved shooting or officer-involved critical incident
22shall allow a reasonable opportunity for the officer who is
23under investigation to secure legal counsel in advance of an
24interview.
257. Upon request, an officer who is the subject of an
26investigation or the officer’s legal counsel shall have the
27right to immediately receive from the employing agency, at no
28charge, a certified copy of the officer-involved video and
29audio recordings, including any body-worn camera video and
30radio traffic recordings, to use in the officer’s defense.
31The requested video and audio recordings shall be provided
32by the employing agency at least forty-eight hours prior to
33an interview, interrogation, or grand jury proceeding. The
34officer and officer’s legal counsel shall not release any
35confidential video and audio recordings to the public without
-2-1the written consent of the lawful records custodian or a court
2order authorizing the release.
38. The department shall keep the name of an officer involved
4in a shooting or a critical incident confidential until the
5officer has been interviewed or interrogated as part of the
6investigation, or until the officer or the officer’s legal
7counsel declines a voluntary interview. The department and
8the officer’s employing agency shall keep the home address and
9personal contact information of the officer confidential.
109. The law enforcement agency employing an officer involved
11in a shooting or a critical incident shall promptly offer
12to the officer confidential peer support and confidential
13counseling at no charge to the officer.
1410. The department shall develop and maintain a searchable
15database providing statistics and demographic information
16for each officer-involved shooting and each officer-involved
17critical incident reported each calendar year and shall update
18the database at least quarterly. The commissioner of the
19department shall post the database on the department’s internet
20site. The department shall not report personally identifying
21information of an officer involved in a shooting or a critical
22incident or of any other person involved.
2311. The Iowa law enforcement academy shall develop and
24promulgate minimum educational standards for any peace officer
25performing officer-involved shooting or officer-involved
26critical incident investigations. An employing law enforcement
27agency shall provide periodic training to a peace officer
28performing officer-involved shooting or officer-involved
29critical incident investigations and any supervisor who
30may respond to a report of an officer-involved shooting or
31officer-involved critical incident.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to officer-involved shootings and
-3-1officer-involved critical incidents.
2The bill defines “officer-involved critical incident” as any
3of the following in the officer’s official capacity as a peace
4officer: the use of a dangerous weapon by an officer against
5a person that causes a serious bodily injury to any person; a
6fatal injury to any person except the officer resulting from
7the use of a motor vehicle by an officer; the death of a person
8who is in law enforcement custody, but not including a death
9that is the result of disease, natural causes, or conditions
10that have been medically diagnosed prior to the person’s death;
11or a fatal injury to a person resulting from the efforts of an
12officer attempting to prevent a person’s escape from custody,
13make an arrest, or otherwise gain physical control of a person.
14“Officer-involved shooting” is defined as the discharge of a
15firearm by an officer that results in serious bodily injury
16or death of a person, including an accidental discharge of
17a firearm. “Serious bodily injury” is defined as an injury
18that creates a substantial risk of death or is otherwise
19life-threatening.
20The bill provides that the chief of police, sheriff, or head
21of any law enforcement agency shall report an officer-involved
22shooting or officer-involved critical incident to the division
23of criminal investigation of the department of public safety
24(division) within 24 hours of the incident. The division
25may commence an investigation upon request by the attorney
26general, a county attorney, a chief of police, a sheriff,
27or the head of any other law enforcement agency. The peace
28officer in charge of investigating an officer-involved
29shooting or officer-involved critical incident shall notify
30the attorney general and county attorney of the investigation,
31and may request that the officer who is the subject of the
32investigation submit to a voluntary interview. The officer
33who is the subject of the investigation shall be allowed a
34reasonable opportunity to secure legal counsel in advance of
35an interview or interrogation.
-4- 1The bill provides that upon request, an officer who is the
2subject of an investigation or the officer’s legal counsel
3shall have the right to receive from the employing agency,
4at least 48 hours prior to an interview, interrogation, or
5grand jury proceeding, at no charge, a certified copy of
6the officer-involved video and audio recordings, including
7body-worn camera video and radio traffic recordings, to use in
8the officer’s defense. The officer and officer’s legal counsel
9shall not release any confidential video and audio recordings
10to the public without the written consent of the lawful records
11custodian or a court order authorizing the release.
12The bill provides that the department of public safety
13(department) shall keep the name of an officer involved in a
14shooting or critical incident confidential until the officer
15has been interviewed or interrogated as part of the criminal
16investigation, or until the officer or the officer’s legal
17counsel declines a voluntary interview. The department and
18the officer’s employing agency shall keep the home address
19and personal contact information of the officer confidential.
20The law enforcement agency employing an officer involved in
21a shooting or critical incident shall promptly offer to the
22officer confidential peer support and confidential counseling
23at no charge to the officer.
24The bill provides that the department shall develop and
25maintain a searchable database providing statistics and
26demographic information for each officer-involved shooting and
27each officer-involved critical incident reported each calendar
28year and shall update the database at least quarterly, and the
29commissioner of the department shall post the database on the
30department’s internet site. The department shall not report
31personally identifying information of an officer involved in a
32shooting or critical incident or of any other person involved.
33The Iowa law enforcement academy shall develop and promulgate
34minimum educational standards for any peace officer performing
35officer-involved shooting or officer-involved critical incident
-5-1investigations. An employing law enforcement agency shall
2provide periodic training to a peace officer performing
3officer-involved shootings or officer-involved critical
4incident investigations and any supervisor who may respond to a
5report of an officer-involved shooting or an officer-involved
6critical incident.
-6-as/rh