Senate File 6 - IntroducedA Bill ForAn Act 1relating to officer disciplinary actions.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 80F.1, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3   NEW PARAGRAPH.  g.  “Brady list” means a list of officers
4maintained by the county attorney’s office, including officers
5who may have impeached themselves as witnesses and officers
6who may have violated the pretrial discovery rule requiring
7officers to turn over all evidence that might be used to
8exonerate a defendant.
9   Sec. 2.  Section 80F.1, Code 2021, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  20.  a.  An officer shall not be discharged,
12disciplined, or threatened with discharge or discipline by a
13state, county, or municipal law enforcement agency solely due
14to the inclusion of the officer’s name on a Brady list.
   15b.  This subsection does not prohibit a law enforcement
16agency from dismissing, suspending, demoting, or taking other
17disciplinary actions against an officer based on the underlying
18actions that resulted in the officer’s name being placed on
19a Brady list including any impeachment evidence against the
20officer or evidence that the officer may not have turned
21over exculpatory evidence to a defendant. If a collective
22bargaining agreement applies, the actions taken by the law
23enforcement agency shall conform to the rules and procedures
24adopted by the collective bargaining agreement.
25   Sec. 3.  BRADY LIST INTERIM COMMITTEE.
   261.  The legislative council is requested to establish a Brady
27list interim committee for the 2021 interim. The purpose of
28the committee shall be to do all of the following:
   29a.  Study the disclosure of information contained in officer
30personnel files as such information relates to a Brady list as
31defined in section 80F.1.
   32b.  Study the efficiency of implementing a statewide system
33for a Brady list, identifying impartial entities to conduct
34investigations pertaining to an officer’s acts or omissions to
35act, and recommending the appropriate procedures, due process
-1-1protections, appeal rights, and criteria for the placement and
2removal of an officer’s name on and from a Brady list.
   3c.  Study any other issues that the committee determines
4relevant to its objective. The committee may solicit the
5advice or testimony of any organization or individual with
6information or expertise relevant to the purpose of the
7committee.
   82.  The committee shall consist of three members of the
9senate appointed by the majority leader of the senate, two
10members of the senate appointed by the minority leader of the
11senate, three members of the house of representatives appointed
12by the speaker of the house of representatives, and two members
13of the house of representatives appointed by the minority
14leader of the house of representatives. Additional committee
15members shall include the commissioner of the department of
16public safety or the commissioner’s designee, a district court
17judge appointed by the supreme court, and representatives from
18all of the following: the Iowa county attorneys association,
19the Iowa sheriffs and deputies association, the Iowa police
20chiefs association, the Iowa state police association, the
21Iowa peace officers association, the Iowa professional fire
22fighters, the Iowa state troopers association, and the Iowa
23state patrol supervisors association. The Iowa sheriffs and
24deputies association member representative shall be an officer
25who does not hold rank.
   263.  The committee shall elect a chairperson from the members
27appointed.
   284.  The committee shall issue a report, including findings
29and recommendations, to the governor and the general assembly
30no later than December 16, 2021.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
   34This bill relates to police officer disciplinary actions and
35establishes a legislative interim committee.
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   1The bill amends Code chapter 80F, relating to the rights of
2officers and public safety and emergency personnel. The bill
3prohibits an officer from being discharged, disciplined, or
4threatened with discharge or discipline by a state, county, or
5municipal law enforcement agency solely due to the inclusion
6of the officer’s name on a Brady list. The bill defines “Brady
7list” as a list of officers maintained by the county attorney’s
8office, including officers who may have impeached themselves
9as witnesses and officers who may have violated the pretrial
10discovery rule requiring officers to turn over any evidence
11that might be used to exonerate a defendant. However, a law
12enforcement agency may dismiss, suspend, demote, or take other
13disciplinary action against an officer based on the underlying
14actions that resulted in the officer’s name being placed on
15a Brady list including any impeachment evidence against the
16officer or evidence that the officer failed to provide a
17defendant with exculpatory evidence.
   18The bill establishes a legislative interim committee
19to study the disclosure of officer personnel files as such
20information relates to a Brady list, study the efficiency of
21implementing a statewide system for a Brady list, identify
22impartial entities to conduct investigations pertaining to an
23officer’s acts and omissions to act, and recommend appropriate
24procedures, due process protections, appeal rights, and
25criteria for the placement and removal of an officer’s name on
26and from a Brady list. The committee may solicit the advice or
27testimony of any organization or individual with information or
28expertise relevant to its study.
   29The committee shall consist of 10 legislative members
30and 10 members representing various interested stakeholder
31organizations, the department of public safety, and the court.
32The committee shall issue a report, including findings and
33recommendations, to the governor and the general assembly no
34later than December 16, 2021.
   35The bill defines “Brady list” as a list of officers
-3-1maintained by the county attorney’s office, including officers
2who may have impeached themselves as witnesses and officers
3who may have violated the pretrial discovery rule established
4by Brady v.Maryland, 373 U.S. 83 (1963) requiring officers
5to turn over all evidence that might be used to exonerate a
6defendant.
   7Under Code section 80F.1, “officer” means a certified
8law enforcement officer, fire fighter, emergency medical
9technician, corrections officer, detention officer, jailer,
10probation or parole officer, communications officer, or
11any other law enforcement officer certified by the Iowa law
12enforcement academy and employed by a municipality, county, or
13state agency.
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