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