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Senate File 2292 - IntroducedA Bill ForAn Act 1relating to peace officer-involved shootings and peace
2officer-involved critical incidents, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 80H.1 Peace officer-involved
2shootings and peace officer-involved critical incidents —
3investigations.
41. As used in this section:
5a. “Division” means the division of criminal investigation
6of the department of public safety.
7b. “Peace officer” means the same as defined in section
897A.1.
9c. “Peace officer-involved critical incident” means any of
10the following in the peace officer’s official capacity as a
11peace officer:
12(1) The use of a dangerous weapon by a peace officer against
13any person that causes serious bodily injury or fatal injury
14to any person.
15(2) The use of a motor vehicle by a peace officer that
16causes a physical injury to any person, including a fatal
17injury.
18(3) The death of a person who is in law enforcement custody,
19not including a death that is the result of disease, natural
20causes, or conditions that had been medically diagnosed prior
21to the person’s death.
22d. “Peace officer-involved shooting” means the discharge
23of a firearm by a peace officer that results in a physical
24injury, serious bodily injury, or death of a person, including
25an accidental discharge of a firearm.
26e. “Serious bodily injury” means bodily injury which
27involves a substantial risk of death, unconsciousness, extreme
28physical pain, protracted and obvious disfigurement, or
29protracted loss or impairment of the function of a bodily
30member, organ, or mental faculty.
312. An peace officer involved in a peace officer-involved
32shooting or a peace officer-involved critical incident
33shall have the right to have legal counsel present, at the
34peace officer’s expense, during any investigation, including
35an interview, interrogation, meetings, or any criminal
-1-1administrative proceedings rising out of the incident. The
2peace officer shall be allowed a reasonable opportunity
3to obtain legal counsel in advance of any interview,
4interrogation, or proceeding.
53. The peace officer involved in the incident shall be
6issued, upon request, at no charge, a certified copy of any
7video or audio recordings related to the incident to use in the
8peace officer’s defense, including body camera video, radio
9traffic recordings, and any statements by the peace officer.
10The records shall be provided at least forty-eight hours prior
11to an interview, interrogation, or grand jury proceeding. The
12peace officer or legal counsel for the peace officer shall
13not release any confidential video or audio recordings to
14the public without the written consent of the lawful records
15custodian or a court order authorizing the release.
164. The name of the peace officer shall be kept confidential
17until the peace officer has been interviewed or interrogated
18as part of the criminal investigation, or until the peace
19officer declines a voluntary interview. Personal information,
20including a peace officer’s home address, personal contact
21information, and date of birth shall be kept confidential.
225. The law enforcement agency employing a peace officer
23involved in a peace officer-involved shooting or a peace
24officer-involved critical incident shall promptly offer
25confidential peer support and confidential counseling to the
26peace officer at no charge to the peace officer.
27 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
28importance, takes effect upon enactment.
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 procedures regarding peace
33officer-involved shootings and peace officer-involved critical
34incidents. The bill provides that a peace officer shall
35have the right to have legal counsel and shall be allowed a
-2-1reasonable opportunity to obtain counsel.
2The bill provides that a peace officer involved in a
3peace officer-involved shooting or a peace officer-involved
4critical incident shall be issued, upon request, at no charge,
5a certified copy of any video or audio recordings related to
6the incident in a timely fashion. The bill provides that the
7peace officer shall not release any confidential video or
8audio recordings to the public without the written consent of
9the lawful records custodian or a court order authorizing the
10release.
11The bill provides that the name of the peace officer shall be
12kept confidential until the peace officer has been interviewed
13as part of the criminal investigation or until the peace
14officer declines a voluntary interview. The bill provides that
15personal information, including a peace officer’s home address,
16personal contact information, and date of birth shall be kept
17confidential.
18The bill provides that the employing agency shall promptly
19offer to a peace officer involved in a peace officer-involved
20shooting or a peace officer-involved critical incident
21confidential peer support and confidential counseling at no
22charge to the peace officer.
23The bill defines “peace officer-involved critical incident”
24as any of the following occurring in the peace officer’s
25official capacity as a peace officer: the use of a dangerous
26weapon by a peace officer against any person that causes
27serious bodily injury or fatal injury; the use of a motor
28vehicle by a peace officer that causes a physical injury to any
29person, including a fatal injury; or the death of a person who
30is in law enforcement custody, not including a death that is
31the result of disease, natural causes, or conditions that have
32been medically diagnosed prior to the person’s death. The bill
33defines “peace officer-involved shooting” as the discharge of a
34firearm by a peace officer that results in a physical injury.
35The bill also defines “division”, “peace officer”, and “serious
-3-1bodily injury”.
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2officer-involved critical incidents, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 80H.1 Peace officer-involved
2shootings and peace officer-involved critical incidents —
3investigations.
41. As used in this section:
5a. “Division” means the division of criminal investigation
6of the department of public safety.
7b. “Peace officer” means the same as defined in section
897A.1.
9c. “Peace officer-involved critical incident” means any of
10the following in the peace officer’s official capacity as a
11peace officer:
12(1) The use of a dangerous weapon by a peace officer against
13any person that causes serious bodily injury or fatal injury
14to any person.
15(2) The use of a motor vehicle by a peace officer that
16causes a physical injury to any person, including a fatal
17injury.
18(3) The death of a person who is in law enforcement custody,
19not including a death that is the result of disease, natural
20causes, or conditions that had been medically diagnosed prior
21to the person’s death.
22d. “Peace officer-involved shooting” means the discharge
23of a firearm by a peace officer that results in a physical
24injury, serious bodily injury, or death of a person, including
25an accidental discharge of a firearm.
26e. “Serious bodily injury” means bodily injury which
27involves a substantial risk of death, unconsciousness, extreme
28physical pain, protracted and obvious disfigurement, or
29protracted loss or impairment of the function of a bodily
30member, organ, or mental faculty.
312. An peace officer involved in a peace officer-involved
32shooting or a peace officer-involved critical incident
33shall have the right to have legal counsel present, at the
34peace officer’s expense, during any investigation, including
35an interview, interrogation, meetings, or any criminal
-1-1administrative proceedings rising out of the incident. The
2peace officer shall be allowed a reasonable opportunity
3to obtain legal counsel in advance of any interview,
4interrogation, or proceeding.
53. The peace officer involved in the incident shall be
6issued, upon request, at no charge, a certified copy of any
7video or audio recordings related to the incident to use in the
8peace officer’s defense, including body camera video, radio
9traffic recordings, and any statements by the peace officer.
10The records shall be provided at least forty-eight hours prior
11to an interview, interrogation, or grand jury proceeding. The
12peace officer or legal counsel for the peace officer shall
13not release any confidential video or audio recordings to
14the public without the written consent of the lawful records
15custodian or a court order authorizing the release.
164. The name of the peace officer shall be kept confidential
17until the peace officer has been interviewed or interrogated
18as part of the criminal investigation, or until the peace
19officer declines a voluntary interview. Personal information,
20including a peace officer’s home address, personal contact
21information, and date of birth shall be kept confidential.
225. The law enforcement agency employing a peace officer
23involved in a peace officer-involved shooting or a peace
24officer-involved critical incident shall promptly offer
25confidential peer support and confidential counseling to the
26peace officer at no charge to the peace officer.
27 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
28importance, takes effect upon enactment.
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 procedures regarding peace
33officer-involved shootings and peace officer-involved critical
34incidents. The bill provides that a peace officer shall
35have the right to have legal counsel and shall be allowed a
-2-1reasonable opportunity to obtain counsel.
2The bill provides that a peace officer involved in a
3peace officer-involved shooting or a peace officer-involved
4critical incident shall be issued, upon request, at no charge,
5a certified copy of any video or audio recordings related to
6the incident in a timely fashion. The bill provides that the
7peace officer shall not release any confidential video or
8audio recordings to the public without the written consent of
9the lawful records custodian or a court order authorizing the
10release.
11The bill provides that the name of the peace officer shall be
12kept confidential until the peace officer has been interviewed
13as part of the criminal investigation or until the peace
14officer declines a voluntary interview. The bill provides that
15personal information, including a peace officer’s home address,
16personal contact information, and date of birth shall be kept
17confidential.
18The bill provides that the employing agency shall promptly
19offer to a peace officer involved in a peace officer-involved
20shooting or a peace officer-involved critical incident
21confidential peer support and confidential counseling at no
22charge to the peace officer.
23The bill defines “peace officer-involved critical incident”
24as any of the following occurring in the peace officer’s
25official capacity as a peace officer: the use of a dangerous
26weapon by a peace officer against any person that causes
27serious bodily injury or fatal injury; the use of a motor
28vehicle by a peace officer that causes a physical injury to any
29person, including a fatal injury; or the death of a person who
30is in law enforcement custody, not including a death that is
31the result of disease, natural causes, or conditions that have
32been medically diagnosed prior to the person’s death. The bill
33defines “peace officer-involved shooting” as the discharge of a
34firearm by a peace officer that results in a physical injury.
35The bill also defines “division”, “peace officer”, and “serious
-3-1bodily injury”.
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