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House File 2647 - IntroducedA Bill ForAn Act 1 relating to peace officers, including the certification,
2training, and prosecution of peace officers and the use of
3chokeholds by peace officers, and including effective date
4and retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROSECUTION BY ATTORNEY GENERAL
3 Section 1. NEW SECTION. 13.12 Prosecution of criminal
4offenses committed by law enforcement officers.
5The attorney general may prosecute a criminal offense
6committed by a law enforcement officer, as defined in section
780B.3, arising from the actions of the officer resulting in the
8death of another, regardless of whether the county attorney
9requests the assistance of the attorney general or decides
10to independently prosecute the criminal offense committed by
11the officer. If the attorney general determines that criminal
12charges are not appropriate, the attorney general may refer the
13matter to the Iowa law enforcement academy council to recommend
14revocation or suspension of the officer’s certification if
15the attorney general determines that the officer committed
16misconduct that would be grounds for revocation or suspension
17of a certification under chapter 80B or 80D, or rules adopted
18pursuant to those chapters.
19DIVISION II
20USE OF CHOKEHOLDS BY PEACE OFFICERS
21 Sec. 2. Section 804.8, Code 2020, is amended to read as
22follows:
23804.8 Use of force by peace officer making an arrest.
241. A peace officer, while making a lawful arrest, is
25justified in the use of any force which the peace officer
26reasonably believes to be necessary to effect the arrest or to
27defend any person from bodily harm while making the arrest.
28However, the use of deadly force or a chokehold is only
29justified when a person cannot be captured any other way and
30either of the following apply:
31a. The person has used or threatened to use deadly force in
32committing a felony.
33b. The peace officer reasonably believes the person
34would use deadly force against any person unless immediately
35apprehended.
-1- 12. A peace officer making an arrest pursuant to an invalid
2warrant is justified in the use of any force which the peace
3officer would be justified in using if the warrant were valid,
4unless the peace officer knows that the warrant is invalid.
53. For purposes of this section, “chokehold” means the
6intentional and prolonged application of force to the throat
7or windpipe that prevents or hinders breathing or reduces the
8intake of air.
9DIVISION III
10CERTIFICATIONS — OTHER STATES — REVOCATION OR SUSPENSION
11 Sec. 3. Section 80B.3, Code 2020, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 4. “Reserve peace officer” means the same
14as defined in section 80D.1A.
15 Sec. 4. NEW SECTION. 80B.11F Previous certification in
16other states.
171. For purposes of this section, “serious misconduct” means
18improper or illegal actions taken by a law enforcement officer
19in connection with the officer’s official duties including
20but not limited to a conviction for a felony, fabrication of
21evidence, repeated use of excessive force, acceptance of a
22bribe, or the commission of fraud.
232. The council may adopt rules pursuant to chapter 17A to
24establish a process for the certification through examination
25of law enforcement officers who have been certified in another
26state.
273. Before beginning employment with an employing agency in
28this state, a law enforcement officer who has been certified
29in another state must submit a preliminary application
30for certification through examination to the council. The
31application shall be under oath and shall require the applicant
32to provide any information determined to be necessary by the
33council, including but not limited to an attestation by the
34applicant to any of the following:
35a. Whether the applicant’s certification as a law
-2-1enforcement officer has been revoked or suspended in another
2state.
3b. Whether the applicant has pled guilty to or been
4convicted of a felony.
5c. Whether the applicant has been discharged for serious
6misconduct from employment as a law enforcement officer.
7d. Whether the applicant left, voluntarily quit, or has been
8laid off when the applicant knew or believed that disciplinary
9investigation or action was imminent or pending which could
10have resulted in the applicant being discharged for serious
11misconduct.
124. The council shall deny a preliminary application upon a
13finding that the applicant has done any of the following:
14a. Been revoked as a certified law enforcement officer in
15another state.
16b. Pled guilty to or been convicted of a felony.
17c. Been discharged for serious misconduct from employment
18as a law enforcement officer.
19d. Left, voluntarily quit, or been laid off when
20disciplinary investigation or action was imminent or pending
21which could have resulted in the applicant being discharged
22for serious misconduct, if the council determines that the
23applicant engaged in serious misconduct.
245. If the council denies a preliminary application for
25certification through examination, the applicant shall be
26prohibited from continued employment as a law enforcement
27officer in this state.
28 Sec. 5. Section 80B.13, subsections 8 and 9, Code 2020, are
29amended to read as follows:
308. a. Revoke or suspend a law enforcement officer’s or
31reserve peace officer’s certification for the conviction of
32a felony or revoke or suspend a law enforcement officer’s
33certification for a violation of rules adopted pursuant to
34section 80B.11, subsection 1, paragraph “h” pursuant to section
3580B.13A. In addition the council may consider revocation or
-3-1suspension proceedings when an employing agency recommends to
2the council that revocation or suspension would be appropriate
3with regard to a current or former employee. If a law
4enforcement officer resigns, the employing agency shall notify
5the council that an officer has resigned and state the reason
6for the resignation if a substantial likelihood exists that
7the reason would result in the revocation or suspension of an
8officer’s certification for a violation of the rules.
9b. A recommendation by an employing agency must be in
10writing and set forth the reasons why the action is being
11recommended, the findings of the employing agency concerning
12the matter, the action taken by the employing agency, and that
13the action by the agency is final. “Final”, as used in this
14section, means that all appeals through a grievance procedure
15available to the officer or civil service have been exhausted.
16The written recommendations shall be unavailable for inspection
17by anyone except personnel of the employing agency, the council
18and the affected law enforcement officer, or as ordered by a
19reviewing court.
20c. The council shall establish a process for the protest
21and appeal of a revocation or suspension made pursuant to this
22subsection.
239. In accordance with chapter 17A, conduct investigations,
24hold hearings, appoint hearing examiners administrative law
25judges, administer oaths, and issue subpoenas enforceable
26in district court on matters relating to the revocation or
27suspension of a law enforcement officer’s certification.
28 Sec. 6. NEW SECTION. 80B.13A Revocation or suspension of
29certification.
301. For purposes of this section:
31a. “Final” means that all appeals through a grievance
32procedure available to the officer or civil service have been
33exhausted.
34b. “Serious misconduct” means improper or illegal actions
35taken by a law enforcement officer or reserve peace officer in
-4-1connection with the officer’s official duties including but not
2limited to a conviction for a felony, fabrication of evidence,
3repeated use of excessive force, acceptance of a bribe, or the
4commission of fraud.
52. The council shall revoke the certification of a law
6enforcement officer or reserve peace officer upon a finding
7that the law enforcement officer or reserve peace officer has
8done any of the following:
9a. Pled guilty to or been convicted of a felony.
10b. Been discharged for serious misconduct from employment
11as a law enforcement officer or from appointment as a reserve
12peace officer, as applicable.
13c. Left, voluntarily quit, or been laid off when
14disciplinary investigation or action was imminent or pending
15which could have resulted in the law enforcement officer being
16discharged or the reserve peace officer being removed for
17serious misconduct, if the council determines that the officer
18engaged in serious misconduct.
193. The council may revoke or suspend the certification of a
20law enforcement officer or reserve peace officer due to any of
21the following:
22a. For any other grounds authorized by rules adopted
23pursuant to section 80B.11, subsection 1, paragraph “h”, or
24section 80D.4A.
25b. When an employing agency recommends to the council that
26revocation or suspension would be appropriate with regard to a
27current or former employee. A recommendation by an employing
28agency must be in writing and set forth the reasons why the
29action is being recommended, the findings of the employing
30agency concerning the matter, the action taken by the employing
31agency, and that the action by the agency is final.
32c. When the attorney general recommends to the council
33that revocation or suspension would be appropriate pursuant to
34section 13.12.
354. An employing agency shall notify the council within ten
-5-1days of any termination of employment of a law enforcement
2officer or appointment as a reserve peace officer. The
3notification must state whether the law enforcement officer or
4reserve peace officer was discharged or removed for serious
5misconduct or whether the officer left, voluntarily quit, or
6was laid off when disciplinary investigation or action was
7imminent or pending which could have resulted in the officer
8being discharged or removed for serious misconduct. Upon
9request by the council, the employing agency shall provide
10any additional information or documentation about the officer
11including confidential records or information under section
1222.7 or other applicable law to the council.
135. Any recommendation, notification, or other record or
14information provided by an employing agency or the attorney
15general pursuant to this section shall be confidential except
16as required by rule or order of the council, an administrative
17law judge, or a reviewing court. Any employing agency or
18person who, acting reasonably and in good faith, files a
19notification or recommendation, releases information, or
20otherwise cooperates with an investigation under this section
21is immune from any liability, civil or criminal, which might
22otherwise be incurred or imposed for such action.
236. The council shall adopt rules pursuant to chapter 17A
24establishing a process to challenge and appeal a revocation or
25suspension made pursuant to this section.
26 Sec. 7. Section 80D.4A, Code 2020, is amended to read as
27follows:
2880D.4A Training and certification requirements — revocation
29or suspension of certification.
30The director of the academy, subject to the approval
31of the council, shall promulgate rules in accordance with
32the provisions of this chapter and chapter 17A, giving due
33consideration to varying factors and special requirements of
34law enforcement agencies relative to the standardized training
35and state certification of reserve peace officers. The rules
-6-1shall provide for grounds for revocation or suspension of a
2reserve peace officer’s certification.
3DIVISION IV
4LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
5PREVENTION OF BIAS
6 Sec. 8. NEW SECTION. 80B.11G Annual training —
7de-escalation techniques and prevention of bias.
81. A law enforcement agency shall provide annual training
9to every law enforcement officer on issues relating to
10de-escalation techniques and the prevention of bias. Every law
11enforcement officer in the state must participate in annual
12training in accordance with this section.
132. The academy shall develop and disseminate training
14guidelines for all law enforcement officers consistent with
15best practice guidelines.
163. Every law enforcement officer shall adhere to the
17training guidelines developed by the academy pursuant to this
18section. The training guidelines shall include all of the
19following:
20a. An emphasis on law enforcement officer understanding
21and respect for diverse communities and the importance of
22effective, noncombative methods of carrying out law enforcement
23activities in a diverse community.
24b. Instruction on diverse communities in order to foster
25mutual respect and cooperation between law enforcement and
26members of all diverse communities.
27c. An examination of the patterns, practices, and protocols
28that cause biased law enforcement actions, and the tools to
29prevent such actions.
30d. An examination and identification of key indices and
31perspectives that make up differences among residents in a
32local community.
33e. Instruction on implicit bias and consideration of the
34negative impact of bias, whether intentional or implicit,
35on effective law enforcement, including examination of how
-7-1historical perceptions of profiling have harmed community
2relations.
3f. Instruction on the perspectives of diverse local
4constituency groups from experts on particular cultural and law
5enforcement-community relations issues in a local area.
6g. A presentation of the history and the role of the civil
7rights movement and the impact on law enforcement.
8h. Instruction on de-escalation techniques, including verbal
9and physical tactics to minimize the need for the use of force
10and nonlethal methods of applying force.
114. In developing the training guidelines, the academy shall
12consult with the Iowa civil rights commission, groups and
13individuals having an interest and expertise in the field of
14cultural awareness and diversity, and advocacy organizations
15with an interest and expertise in the field of biased law
16enforcement actions. The academy shall also consult with local
17law enforcement agencies to consider challenges and barriers to
18providing training under the guidelines and methods to ease the
19burden on such agencies.
20 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3,
21shall not apply to this division of this Act.
22DIVISION V
23EFFECTIVE DATE AND APPLICABILITY
24 Sec. 10. EFFECTIVE UPON ENACTMENT. Unless otherwise
25provided, this Act, if approved by the governor on or after
26July 1, 2020, takes effect upon enactment.
27 Sec. 11. RETROACTIVE APPLICABILITY. Unless otherwise
28provided, this Act, if approved by the governor on or after
29July 1, 2020, applies retroactively to July 1, 2020.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to peace officers, including the
34certification, training, and prosecution of peace officers and
35the use of chokeholds by peace officers.
-8- 1PROSECUTION BY ATTORNEY GENERAL. The bill authorizes the
2attorney general to prosecute a criminal offense committed by a
3law enforcement officer arising from the actions of the officer
4resulting in the death of another, regardless of whether the
5county attorney requests the assistance of the attorney general
6or decides to independently prosecute the criminal offense
7committed by the officer. If the attorney general determines
8that criminal charges are not appropriate, the bill authorizes
9the attorney general to refer the matter to the Iowa law
10enforcement academy council (council) to recommend revocation
11or suspension of the officer’s certification.
12USE OF CHOKEHOLDS BY PEACE OFFICERS. The bill provides
13that the use of a chokehold, as defined in the bill, by a
14peace officer while making an arrest is only justified when
15the person being arrested has used or threatened to use
16deadly force in committing a felony, or when the peace officer
17reasonably believes the person would use deadly force against
18any person unless immediately apprehended. These are the same
19circumstances under which the use of deadly force by a peace
20officer during an arrest is justified under current law.
21CERTIFICATIONS — OTHER STATES — REVOCATION OR SUSPENSION.
22 The bill allows the council to appoint administrative law
23judges. The bill sets forth the circumstances under which the
24council is required to revoke a law enforcement officer’s or
25reserve peace officer’s certification, and the circumstances
26under which the council is authorized to revoke or suspend
27an officer’s certification. The bill requires an employing
28agency to notify the council within 10 days of any termination
29of employment of a law enforcement officer or appointment as a
30reserve peace officer.
31The bill allows the council to adopt rules to establish
32a process for the certification through examination of law
33enforcement officers who have been certified in another state.
34The bill requires that before beginning employment with an
35employing agency in this state, a law enforcement officer who
-9-1has been certified in another state must submit, under oath, a
2preliminary application for certification through examination
3to the council which shall include but not be limited to an
4attestation by the applicant to whether the applicant has
5had the officer’s certification as a law enforcement officer
6revoked or suspended in another state; has pled guilty to or
7been convicted of a felony; has been discharged for serious
8misconduct from employment as a law enforcement officer;
9or has left, voluntarily quit, or been laid off when the
10applicant knew or believed that disciplinary investigation
11or action was imminent or pending which could have resulted
12in the law enforcement officer being discharged for serious
13misconduct. If the council denies the preliminary application
14for certification through examination, the applicant shall
15be prohibited from continued employment as a law enforcement
16officer in this state.
17LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
18PREVENTION OF BIAS. The bill requires a law enforcement agency
19to provide annual training to every law enforcement officer
20employed by the law enforcement agency on issues relating to
21de-escalation techniques and the prevention of bias. The
22bill requires the Iowa law enforcement academy to develop and
23disseminate training guidelines meeting certain requirements
24set forth in the bill, in consultation with certain parties
25including the Iowa civil rights commission.
26The bill may include a state mandate as defined in Code
27section 25B.3. The bill makes inapplicable Code section 25B.2,
28subsection 3, which would relieve a political subdivision from
29complying with a state mandate if funding for the cost of
30the state mandate is not provided or specified. Therefore,
31political subdivisions are required to comply with any state
32mandate included in the bill.
33EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. Unless
34otherwise provided, the bill, if approved by the governor on
35or after July 1, 2020, takes effect upon enactment and applies
-10-1retroactively to July 1, 2020.
-11-as/rh
2training, and prosecution of peace officers and the use of
3chokeholds by peace officers, and including effective date
4and retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROSECUTION BY ATTORNEY GENERAL
3 Section 1. NEW SECTION. 13.12 Prosecution of criminal
4offenses committed by law enforcement officers.
5The attorney general may prosecute a criminal offense
6committed by a law enforcement officer, as defined in section
780B.3, arising from the actions of the officer resulting in the
8death of another, regardless of whether the county attorney
9requests the assistance of the attorney general or decides
10to independently prosecute the criminal offense committed by
11the officer. If the attorney general determines that criminal
12charges are not appropriate, the attorney general may refer the
13matter to the Iowa law enforcement academy council to recommend
14revocation or suspension of the officer’s certification if
15the attorney general determines that the officer committed
16misconduct that would be grounds for revocation or suspension
17of a certification under chapter 80B or 80D, or rules adopted
18pursuant to those chapters.
19DIVISION II
20USE OF CHOKEHOLDS BY PEACE OFFICERS
21 Sec. 2. Section 804.8, Code 2020, is amended to read as
22follows:
23804.8 Use of force by peace officer making an arrest.
241. A peace officer, while making a lawful arrest, is
25justified in the use of any force which the peace officer
26reasonably believes to be necessary to effect the arrest or to
27defend any person from bodily harm while making the arrest.
28However, the use of deadly force or a chokehold is only
29justified when a person cannot be captured any other way and
30either of the following apply:
31a. The person has used or threatened to use deadly force in
32committing a felony.
33b. The peace officer reasonably believes the person
34would use deadly force against any person unless immediately
35apprehended.
-1- 12. A peace officer making an arrest pursuant to an invalid
2warrant is justified in the use of any force which the peace
3officer would be justified in using if the warrant were valid,
4unless the peace officer knows that the warrant is invalid.
53. For purposes of this section, “chokehold” means the
6intentional and prolonged application of force to the throat
7or windpipe that prevents or hinders breathing or reduces the
8intake of air.
9DIVISION III
10CERTIFICATIONS — OTHER STATES — REVOCATION OR SUSPENSION
11 Sec. 3. Section 80B.3, Code 2020, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 4. “Reserve peace officer” means the same
14as defined in section 80D.1A.
15 Sec. 4. NEW SECTION. 80B.11F Previous certification in
16other states.
171. For purposes of this section, “serious misconduct” means
18improper or illegal actions taken by a law enforcement officer
19in connection with the officer’s official duties including
20but not limited to a conviction for a felony, fabrication of
21evidence, repeated use of excessive force, acceptance of a
22bribe, or the commission of fraud.
232. The council may adopt rules pursuant to chapter 17A to
24establish a process for the certification through examination
25of law enforcement officers who have been certified in another
26state.
273. Before beginning employment with an employing agency in
28this state, a law enforcement officer who has been certified
29in another state must submit a preliminary application
30for certification through examination to the council. The
31application shall be under oath and shall require the applicant
32to provide any information determined to be necessary by the
33council, including but not limited to an attestation by the
34applicant to any of the following:
35a. Whether the applicant’s certification as a law
-2-1enforcement officer has been revoked or suspended in another
2state.
3b. Whether the applicant has pled guilty to or been
4convicted of a felony.
5c. Whether the applicant has been discharged for serious
6misconduct from employment as a law enforcement officer.
7d. Whether the applicant left, voluntarily quit, or has been
8laid off when the applicant knew or believed that disciplinary
9investigation or action was imminent or pending which could
10have resulted in the applicant being discharged for serious
11misconduct.
124. The council shall deny a preliminary application upon a
13finding that the applicant has done any of the following:
14a. Been revoked as a certified law enforcement officer in
15another state.
16b. Pled guilty to or been convicted of a felony.
17c. Been discharged for serious misconduct from employment
18as a law enforcement officer.
19d. Left, voluntarily quit, or been laid off when
20disciplinary investigation or action was imminent or pending
21which could have resulted in the applicant being discharged
22for serious misconduct, if the council determines that the
23applicant engaged in serious misconduct.
245. If the council denies a preliminary application for
25certification through examination, the applicant shall be
26prohibited from continued employment as a law enforcement
27officer in this state.
28 Sec. 5. Section 80B.13, subsections 8 and 9, Code 2020, are
29amended to read as follows:
308. a. Revoke or suspend a law enforcement officer’s or
31reserve peace officer’s certification for the conviction of
32a felony or revoke or suspend a law enforcement officer’s
33certification for a violation of rules adopted pursuant to
34section 80B.11, subsection 1, paragraph “h” pursuant to section
3580B.13A. In addition the council may consider revocation or
-3-1suspension proceedings when an employing agency recommends to
2the council that revocation or suspension would be appropriate
3with regard to a current or former employee. If a law
4enforcement officer resigns, the employing agency shall notify
5the council that an officer has resigned and state the reason
6for the resignation if a substantial likelihood exists that
7the reason would result in the revocation or suspension of an
8officer’s certification for a violation of the rules.
9b. A recommendation by an employing agency must be in
10writing and set forth the reasons why the action is being
11recommended, the findings of the employing agency concerning
12the matter, the action taken by the employing agency, and that
13the action by the agency is final. “Final”, as used in this
14section, means that all appeals through a grievance procedure
15available to the officer or civil service have been exhausted.
16The written recommendations shall be unavailable for inspection
17by anyone except personnel of the employing agency, the council
18and the affected law enforcement officer, or as ordered by a
19reviewing court.
20c. The council shall establish a process for the protest
21and appeal of a revocation or suspension made pursuant to this
22subsection.
239. In accordance with chapter 17A, conduct investigations,
24hold hearings, appoint hearing examiners administrative law
25judges, administer oaths, and issue subpoenas enforceable
26in district court on matters relating to the revocation or
27suspension of a law enforcement officer’s certification.
28 Sec. 6. NEW SECTION. 80B.13A Revocation or suspension of
29certification.
301. For purposes of this section:
31a. “Final” means that all appeals through a grievance
32procedure available to the officer or civil service have been
33exhausted.
34b. “Serious misconduct” means improper or illegal actions
35taken by a law enforcement officer or reserve peace officer in
-4-1connection with the officer’s official duties including but not
2limited to a conviction for a felony, fabrication of evidence,
3repeated use of excessive force, acceptance of a bribe, or the
4commission of fraud.
52. The council shall revoke the certification of a law
6enforcement officer or reserve peace officer upon a finding
7that the law enforcement officer or reserve peace officer has
8done any of the following:
9a. Pled guilty to or been convicted of a felony.
10b. Been discharged for serious misconduct from employment
11as a law enforcement officer or from appointment as a reserve
12peace officer, as applicable.
13c. Left, voluntarily quit, or been laid off when
14disciplinary investigation or action was imminent or pending
15which could have resulted in the law enforcement officer being
16discharged or the reserve peace officer being removed for
17serious misconduct, if the council determines that the officer
18engaged in serious misconduct.
193. The council may revoke or suspend the certification of a
20law enforcement officer or reserve peace officer due to any of
21the following:
22a. For any other grounds authorized by rules adopted
23pursuant to section 80B.11, subsection 1, paragraph “h”, or
24section 80D.4A.
25b. When an employing agency recommends to the council that
26revocation or suspension would be appropriate with regard to a
27current or former employee. A recommendation by an employing
28agency must be in writing and set forth the reasons why the
29action is being recommended, the findings of the employing
30agency concerning the matter, the action taken by the employing
31agency, and that the action by the agency is final.
32c. When the attorney general recommends to the council
33that revocation or suspension would be appropriate pursuant to
34section 13.12.
354. An employing agency shall notify the council within ten
-5-1days of any termination of employment of a law enforcement
2officer or appointment as a reserve peace officer. The
3notification must state whether the law enforcement officer or
4reserve peace officer was discharged or removed for serious
5misconduct or whether the officer left, voluntarily quit, or
6was laid off when disciplinary investigation or action was
7imminent or pending which could have resulted in the officer
8being discharged or removed for serious misconduct. Upon
9request by the council, the employing agency shall provide
10any additional information or documentation about the officer
11including confidential records or information under section
1222.7 or other applicable law to the council.
135. Any recommendation, notification, or other record or
14information provided by an employing agency or the attorney
15general pursuant to this section shall be confidential except
16as required by rule or order of the council, an administrative
17law judge, or a reviewing court. Any employing agency or
18person who, acting reasonably and in good faith, files a
19notification or recommendation, releases information, or
20otherwise cooperates with an investigation under this section
21is immune from any liability, civil or criminal, which might
22otherwise be incurred or imposed for such action.
236. The council shall adopt rules pursuant to chapter 17A
24establishing a process to challenge and appeal a revocation or
25suspension made pursuant to this section.
26 Sec. 7. Section 80D.4A, Code 2020, is amended to read as
27follows:
2880D.4A Training and certification requirements — revocation
29or suspension of certification.
30The director of the academy, subject to the approval
31of the council, shall promulgate rules in accordance with
32the provisions of this chapter and chapter 17A, giving due
33consideration to varying factors and special requirements of
34law enforcement agencies relative to the standardized training
35and state certification of reserve peace officers. The rules
-6-1shall provide for grounds for revocation or suspension of a
2reserve peace officer’s certification.
3DIVISION IV
4LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
5PREVENTION OF BIAS
6 Sec. 8. NEW SECTION. 80B.11G Annual training —
7de-escalation techniques and prevention of bias.
81. A law enforcement agency shall provide annual training
9to every law enforcement officer on issues relating to
10de-escalation techniques and the prevention of bias. Every law
11enforcement officer in the state must participate in annual
12training in accordance with this section.
132. The academy shall develop and disseminate training
14guidelines for all law enforcement officers consistent with
15best practice guidelines.
163. Every law enforcement officer shall adhere to the
17training guidelines developed by the academy pursuant to this
18section. The training guidelines shall include all of the
19following:
20a. An emphasis on law enforcement officer understanding
21and respect for diverse communities and the importance of
22effective, noncombative methods of carrying out law enforcement
23activities in a diverse community.
24b. Instruction on diverse communities in order to foster
25mutual respect and cooperation between law enforcement and
26members of all diverse communities.
27c. An examination of the patterns, practices, and protocols
28that cause biased law enforcement actions, and the tools to
29prevent such actions.
30d. An examination and identification of key indices and
31perspectives that make up differences among residents in a
32local community.
33e. Instruction on implicit bias and consideration of the
34negative impact of bias, whether intentional or implicit,
35on effective law enforcement, including examination of how
-7-1historical perceptions of profiling have harmed community
2relations.
3f. Instruction on the perspectives of diverse local
4constituency groups from experts on particular cultural and law
5enforcement-community relations issues in a local area.
6g. A presentation of the history and the role of the civil
7rights movement and the impact on law enforcement.
8h. Instruction on de-escalation techniques, including verbal
9and physical tactics to minimize the need for the use of force
10and nonlethal methods of applying force.
114. In developing the training guidelines, the academy shall
12consult with the Iowa civil rights commission, groups and
13individuals having an interest and expertise in the field of
14cultural awareness and diversity, and advocacy organizations
15with an interest and expertise in the field of biased law
16enforcement actions. The academy shall also consult with local
17law enforcement agencies to consider challenges and barriers to
18providing training under the guidelines and methods to ease the
19burden on such agencies.
20 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3,
21shall not apply to this division of this Act.
22DIVISION V
23EFFECTIVE DATE AND APPLICABILITY
24 Sec. 10. EFFECTIVE UPON ENACTMENT. Unless otherwise
25provided, this Act, if approved by the governor on or after
26July 1, 2020, takes effect upon enactment.
27 Sec. 11. RETROACTIVE APPLICABILITY. Unless otherwise
28provided, this Act, if approved by the governor on or after
29July 1, 2020, applies retroactively to July 1, 2020.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to peace officers, including the
34certification, training, and prosecution of peace officers and
35the use of chokeholds by peace officers.
-8- 1PROSECUTION BY ATTORNEY GENERAL. The bill authorizes the
2attorney general to prosecute a criminal offense committed by a
3law enforcement officer arising from the actions of the officer
4resulting in the death of another, regardless of whether the
5county attorney requests the assistance of the attorney general
6or decides to independently prosecute the criminal offense
7committed by the officer. If the attorney general determines
8that criminal charges are not appropriate, the bill authorizes
9the attorney general to refer the matter to the Iowa law
10enforcement academy council (council) to recommend revocation
11or suspension of the officer’s certification.
12USE OF CHOKEHOLDS BY PEACE OFFICERS. The bill provides
13that the use of a chokehold, as defined in the bill, by a
14peace officer while making an arrest is only justified when
15the person being arrested has used or threatened to use
16deadly force in committing a felony, or when the peace officer
17reasonably believes the person would use deadly force against
18any person unless immediately apprehended. These are the same
19circumstances under which the use of deadly force by a peace
20officer during an arrest is justified under current law.
21CERTIFICATIONS — OTHER STATES — REVOCATION OR SUSPENSION.
22 The bill allows the council to appoint administrative law
23judges. The bill sets forth the circumstances under which the
24council is required to revoke a law enforcement officer’s or
25reserve peace officer’s certification, and the circumstances
26under which the council is authorized to revoke or suspend
27an officer’s certification. The bill requires an employing
28agency to notify the council within 10 days of any termination
29of employment of a law enforcement officer or appointment as a
30reserve peace officer.
31The bill allows the council to adopt rules to establish
32a process for the certification through examination of law
33enforcement officers who have been certified in another state.
34The bill requires that before beginning employment with an
35employing agency in this state, a law enforcement officer who
-9-1has been certified in another state must submit, under oath, a
2preliminary application for certification through examination
3to the council which shall include but not be limited to an
4attestation by the applicant to whether the applicant has
5had the officer’s certification as a law enforcement officer
6revoked or suspended in another state; has pled guilty to or
7been convicted of a felony; has been discharged for serious
8misconduct from employment as a law enforcement officer;
9or has left, voluntarily quit, or been laid off when the
10applicant knew or believed that disciplinary investigation
11or action was imminent or pending which could have resulted
12in the law enforcement officer being discharged for serious
13misconduct. If the council denies the preliminary application
14for certification through examination, the applicant shall
15be prohibited from continued employment as a law enforcement
16officer in this state.
17LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
18PREVENTION OF BIAS. The bill requires a law enforcement agency
19to provide annual training to every law enforcement officer
20employed by the law enforcement agency on issues relating to
21de-escalation techniques and the prevention of bias. The
22bill requires the Iowa law enforcement academy to develop and
23disseminate training guidelines meeting certain requirements
24set forth in the bill, in consultation with certain parties
25including the Iowa civil rights commission.
26The bill may include a state mandate as defined in Code
27section 25B.3. The bill makes inapplicable Code section 25B.2,
28subsection 3, which would relieve a political subdivision from
29complying with a state mandate if funding for the cost of
30the state mandate is not provided or specified. Therefore,
31political subdivisions are required to comply with any state
32mandate included in the bill.
33EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. Unless
34otherwise provided, the bill, if approved by the governor on
35or after July 1, 2020, takes effect upon enactment and applies
-10-1retroactively to July 1, 2020.
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