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Senate File 342 - 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
11the senate, three members of the house of representatives
12appointed by the speaker of the house of representatives,
13and two members of the house of representatives appointed
14by the minority leader of the house of representatives.
15Additional committee members shall include the commissioner
16of the department of public safety or the commissioner’s
17designee, a district court judge appointed by the supreme
18court, two representatives from the Iowa sheriffs and deputies
19association, and one representative from each of the following:
20the Iowa county attorneys association, the Iowa police chiefs
21association, the Iowa state police association, the Iowa peace
22officers association, the Iowa fraternal order of police,
23the Iowa professional fire fighters, the Iowa state troopers
24association, and the Iowa state patrol supervisors association.
25The Iowa sheriffs and deputies association members shall
26include an officer in a supervisory position and an officer who
27does not hold rank.
283. The committee shall elect a chairperson from the members
29appointed.
304. The committee shall issue a report, including findings
31and recommendations, to the governor and the general assembly
32no later than December 16, 2021.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-2- 1This bill relates to police officer disciplinary actions and
2establishes a legislative interim committee.
3The bill amends Code chapter 80F, relating to the rights of
4officers and public safety and emergency personnel. The bill
5prohibits an officer from being discharged, disciplined, or
6threatened with discharge or discipline by a state, county, or
7municipal law enforcement agency solely due to the inclusion
8of the officer’s name on a Brady list. The bill defines “Brady
9list” as a list of officers maintained by the county attorney’s
10office, including officers who may have impeached themselves
11as witnesses and officers who may have violated the pretrial
12discovery rule requiring officers to turn over any evidence
13that might be used to exonerate a defendant. However, a law
14enforcement agency may dismiss, suspend, demote, or take other
15disciplinary action against an officer based on the underlying
16actions that resulted in the officer’s name being placed on
17a Brady list including any impeachment evidence against the
18officer or evidence that the officer failed to provide a
19defendant with exculpatory evidence.
20The bill establishes a legislative interim committee
21to study the disclosure of officer personnel files as such
22information relates to a Brady list, study the efficiency of
23implementing a statewide system for a Brady list, identify
24impartial entities to conduct investigations pertaining to an
25officer’s acts and omissions to act, and recommend appropriate
26procedures, due process protections, appeal rights, and
27criteria for the placement and removal of an officer’s name on
28and from a Brady list. The committee may solicit the advice or
29testimony of any organization or individual with information or
30expertise relevant to its study.
31The committee shall consist of 10 legislative members
32and 12 members representing various interested stakeholder
33organizations, the department of public safety, and the court.
34The committee shall issue a report, including findings and
35recommendations, to the governor and the general assembly no
-3-1later than December 16, 2021.
2The bill defines “Brady list” as a list of officers
3maintained by the county attorney’s office, including officers
4who may have impeached themselves as witnesses and officers
5who may have violated the pretrial discovery rule established
6by Brady v.Maryland, 373 U.S. 83 (1963) requiring officers
7to turn over all evidence that might be used to exonerate a
8defendant.
9Under Code section 80F.1, “officer” means a certified
10law enforcement officer, fire fighter, emergency medical
11technician, corrections officer, detention officer, jailer,
12probation or parole officer, communications officer, or
13any other law enforcement officer certified by the Iowa law
14enforcement academy and employed by a municipality, county, or
15state agency.
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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
11the senate, three members of the house of representatives
12appointed by the speaker of the house of representatives,
13and two members of the house of representatives appointed
14by the minority leader of the house of representatives.
15Additional committee members shall include the commissioner
16of the department of public safety or the commissioner’s
17designee, a district court judge appointed by the supreme
18court, two representatives from the Iowa sheriffs and deputies
19association, and one representative from each of the following:
20the Iowa county attorneys association, the Iowa police chiefs
21association, the Iowa state police association, the Iowa peace
22officers association, the Iowa fraternal order of police,
23the Iowa professional fire fighters, the Iowa state troopers
24association, and the Iowa state patrol supervisors association.
25The Iowa sheriffs and deputies association members shall
26include an officer in a supervisory position and an officer who
27does not hold rank.
283. The committee shall elect a chairperson from the members
29appointed.
304. The committee shall issue a report, including findings
31and recommendations, to the governor and the general assembly
32no later than December 16, 2021.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-2- 1This bill relates to police officer disciplinary actions and
2establishes a legislative interim committee.
3The bill amends Code chapter 80F, relating to the rights of
4officers and public safety and emergency personnel. The bill
5prohibits an officer from being discharged, disciplined, or
6threatened with discharge or discipline by a state, county, or
7municipal law enforcement agency solely due to the inclusion
8of the officer’s name on a Brady list. The bill defines “Brady
9list” as a list of officers maintained by the county attorney’s
10office, including officers who may have impeached themselves
11as witnesses and officers who may have violated the pretrial
12discovery rule requiring officers to turn over any evidence
13that might be used to exonerate a defendant. However, a law
14enforcement agency may dismiss, suspend, demote, or take other
15disciplinary action against an officer based on the underlying
16actions that resulted in the officer’s name being placed on
17a Brady list including any impeachment evidence against the
18officer or evidence that the officer failed to provide a
19defendant with exculpatory evidence.
20The bill establishes a legislative interim committee
21to study the disclosure of officer personnel files as such
22information relates to a Brady list, study the efficiency of
23implementing a statewide system for a Brady list, identify
24impartial entities to conduct investigations pertaining to an
25officer’s acts and omissions to act, and recommend appropriate
26procedures, due process protections, appeal rights, and
27criteria for the placement and removal of an officer’s name on
28and from a Brady list. The committee may solicit the advice or
29testimony of any organization or individual with information or
30expertise relevant to its study.
31The committee shall consist of 10 legislative members
32and 12 members representing various interested stakeholder
33organizations, the department of public safety, and the court.
34The committee shall issue a report, including findings and
35recommendations, to the governor and the general assembly no
-3-1later than December 16, 2021.
2The bill defines “Brady list” as a list of officers
3maintained by the county attorney’s office, including officers
4who may have impeached themselves as witnesses and officers
5who may have violated the pretrial discovery rule established
6by Brady v.Maryland, 373 U.S. 83 (1963) requiring officers
7to turn over all evidence that might be used to exonerate a
8defendant.
9Under Code section 80F.1, “officer” means a certified
10law enforcement officer, fire fighter, emergency medical
11technician, corrections officer, detention officer, jailer,
12probation or parole officer, communications officer, or
13any other law enforcement officer certified by the Iowa law
14enforcement academy and employed by a municipality, county, or
15state agency.
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