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Senate File 476 - IntroducedA Bill ForAn Act 1relating to qualified immunity of law enforcement
2officers, the peace officer, public safety, and emergency
3personnel bill of rights, uniform commercial code filings,
4and protected information of law enforcement officers and
5state or federal judicial officers and prosecutors.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Qualified Immunity
3 Section 1. NEW SECTION. 669A.1 Findings.
4The general assembly finds the following:
51. Qualified immunity is intended for all but the plainly
6incompetent or those who knowingly violate the law and is meant
7to give law enforcement officials leeway to make reasonable
8mistakes of fact and law.
92. The United States supreme court has observed that
10qualified immunity balances two important interests: the
11need to hold law enforcement officers accountable when law
12enforcement officers exercise power irresponsibly and the
13need to shield law enforcement officers from harassment,
14distraction, and liability when law enforcement officers
15perform their duties reasonably.
16 Sec. 2. NEW SECTION. 669A.2 Definitions.
17For purposes of this chapter, unless the context otherwise
18requires:
191. “Action for damages” means any case brought in a court
20organized under the laws of this state in which the plaintiff
21seeks any amount of monetary compensation, including but
22not limited to claims alleging constitutional or statutory
23violations.
242. “Constitution” means the Constitution of the United
25States or the Constitution of the State of Iowa.
263. “Law enforcement officer” means any federal, state,
27tribal, or local official who is authorized by law to engage
28in or supervise the prevention, detection, investigation, or
29incarceration of any person for any violation of law, and
30has statutory powers of arrest, apprehension, detention, or
31incarceration. “Law enforcement officer” includes but is not
32limited to a peace officer, employee of the department of
33public safety, employee of the department of corrections, and
34employee of a judicial district’s department of correctional
35services.
-1- 14. “Other law” means any statutory or common law, whether
2federal or state.
3 Sec. 3. NEW SECTION. 669A.3 Liability — law enforcement
4officers.
5A law enforcement officer subject to any action for damages
6in the law enforcement officer’s individual capacity shall not
7be found liable if such law enforcement officer is entitled to
8qualified immunity. If the right secured by the constitution
9or any other law was not clearly established at the time of the
10alleged deprivation by the law enforcement officer, or at that
11time, the state of the law was not sufficiently clear that a
12reasonable law enforcement officer would have understood that
13the conduct alleged constituted a violation of the constitution
14or any other law, then the officer shall be entitled to
15qualified immunity. The plaintiff must plead facts showing
16that the law enforcement officer violated a constitutional or
17statutory right, and shall bear the burden of establishing that
18the alleged right was clearly established at the time the law
19enforcement officer’s conduct occurred.
20 Sec. 4. NEW SECTION. 669A.4 Liability — agency or
21political subdivision.
22An agency or political subdivision who employed a law
23enforcement officer subject to an action governed by this
24chapter shall not be liable for such action if the law
25enforcement officer is found not liable under section 669A.3
26and the law enforcement officer was acting within the scope of
27the law enforcement officer’s employment with the agency or
28political subdivision.
29 Sec. 5. NEW SECTION. 669A.5 Applicability of law.
30To the extent any other provision of Iowa law provides less
31protection to law enforcement officers than this chapter, this
32chapter supplants that law.
33DIVISION II
34peace officer, public safety, and emergency personnel bill of
35rights
-2-1 Sec. 6. Section 80F.1, subsection 1, paragraph a, Code 2021,
2is amended to read as follows:
3a. “Complaint” means a formal written allegation signed
4by the complainant or a signed written statement by an
5officer receiving an oral complaint stating the complainant’s
6allegation.
7 Sec. 7. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
8Code 2021, are amended to read as follows:
93. a. A formal administrative investigation of an officer
10shall be commenced and completed in a reasonable period of
11time and an. An officer shall be immediately notified in
12writing of the preliminary results of the investigation when
13the investigation is completed and any recommendations for the
14disposition of the complaint and discipline.
15b. Upon initiating a formal administrative investigation
16of an officer, the investigating agency shall promptly serve
17the officer under investigation with written notice of the
18complaint, shall inform the officer of the officer’s right to
19counsel, and shall provide the officer with a copy of the peace
20officer bill of rights. The notice shall include the names of
21all of the complainants, the alleged date of the occurrence
22giving rise to the complaint, a summary of the factual
23allegations against the officer, and the name and rank or title
24of the investigator in charge of the formal administrative
25investigation.
265. a. An officer who is the subject of a complaint, shall
27at a minimum, be provided a written summary of the complaint
28prior to an interview. If a collective bargaining agreement
29applies, the complaint or written summary shall be provided
30pursuant to the procedures established under the collective
31bargaining agreement. If the complaint alleges domestic abuse,
32sexual abuse, or sexual harassment, an officer shall not
33receive more than a written summary of the complaint.
34b. Upon written request of the officer or the officer’s
35legal counsel, the employing agency shall provide to the
-3-1officer or the officer’s legal counsel a complete copy of the
2officer’s incident reports and the officer’s video or audio
3recordings from the incident giving rise to the complaint
4without unnecessary delay prior to an interview of the officer.
58. a. The officer shall have the right to have the
6assistance of legal counsel present, at the officer’s expense,
7during the interview of the officer, during hearings, or during
8other disciplinary or administrative proceedings related to the
9complaint. In addition, the officer shall have the right, at
10the officer’s expense, to have a union representative present
11during the interview or, if not a member of a union, the
12officer shall have the right to have a designee present.
13b. The officer’s legal counsel, union representative, or
14employee representative shall not be compelled to disclose in
15any judicial proceeding, nor be subject to any investigation
16or punitive action for refusing to disclose, any information
17received from the officer under investigation or from an agent
18of the officer. The officer and the officer’s legal counsel
19may coordinate and communicate in confidence with the officer’s
20designated union representative or employee representative,
21and the communications are not subject to discovery in any
22proceeding.
239. If a formal administrative investigation results in
24the removal, discharge, or suspension, or other disciplinary
25action against an officer, copies of any witness statements
26and the complete investigative agency’s report shall be timely
27provided to the officer upon the request of the officer or the
28officer’s legal counsel upon request at the completion of the
29investigation.
3013. An In addition to any other remedies available, an
31 officer shall have the right to pursue civil remedies under the
32law against a citizen any person, group of persons, employer,
33organization, or corporation for damages arising from the
34filing of a false complaint against the officer or any other
35violation of this chapter including but not limited to actual
-4-1damages, court costs, and reasonable attorney fees.
218. A municipality, county, or state agency employing
3an officer shall not publicly release the officer’s official
4photograph without the written permission of the officer or
5without a request to release pursuant to chapter 22. An
6officer’s personal information including but not limited to the
7officer’s home address, personal telephone number, personal
8electronic mail address, date of birth, social security number,
9and driver’s license number shall be confidential and shall be
10redacted from any record prior to the record’s release to the
11public by the employing agency. Nothing in this subsection
12prohibits the release of an officer’s photograph or unredacted
13personal information to the officer’s legal counsel, union
14representative, or designated employee representative upon the
15officer’s request.
16 Sec. 8. Section 80F.1, Code 2021, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 20. The employing agency shall keep
19an officer’s statement, recordings, or transcripts of any
20interviews or disciplinary proceedings, and any complaints
21made against an officer confidential unless otherwise provided
22by law or with the officer’s written consent. Nothing in
23this section prohibits the release of an officer’s statement,
24recordings, or transcripts of any interviews or disciplinary
25proceedings, and any complaints made against an officer to
26the officer or the officer’s legal counsel upon the officer’s
27request.
28 NEW SUBSECTION. 21. An agency employing full-time or
29part-time officers shall provide training to any officer or
30supervisor who performs or supervises an investigation under
31this section, and shall maintain documentation of any training
32related to this section. The Iowa law enforcement academy
33shall adopt minimum training standards not inconsistent with
34this subsection, including training standards concerning
35interviewing an officer subject to a complaint.
-5-1 NEW SUBSECTION. 22. Upon request, the employing agency
2shall provide to the requesting officer or the officer’s legal
3counsel a copy of the officer’s personnel file and training
4records regardless of whether the officer is subject to a
5formal administrative investigation at the time of the request.
6DIVISION III
7UNIFORM COMMERCIAL CODE FILINGS
8 Sec. 9. Section 554.9516, Code 2021, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 5. Fraudulent filings.
11a. The filing office may refuse to accept a financing
12statement that it determines is not created pursuant to the
13uniform commercial code, or is otherwise intended for an
14improper purpose, such as to hinder, harass, or otherwise
15wrongfully interfere with any person. The filing office may
16also refuse to accept a financing statement that names the same
17person as both debtor and secured party, describes collateral
18not within the scope of applicable law, or is being filed for
19a purpose other than a transaction within the scope of the
20uniform commercial code.
21b. If the filing office becomes aware that a financing
22statement or other record was not created pursuant to the
23uniform commercial code, or was otherwise intended for an
24improper purpose, such as to hinder, harass, or otherwise
25wrongfully interfere with any person, the filing office
26shall review the record and relevant circumstances and, if it
27determines that the record was wrongfully filed, the record
28shall be deemed void and ineffective; and the filing office
29shall remove the record from the index and communicate the
30foregoing to the person that presented the wrongfully filed
31record and to other persons, as appropriate.
32DIVISION IV
33Protected information
34 Sec. 10. Section 331.604, subsection 3, Code 2021, is
35amended by adding the following new paragraph:
-6-1 NEW PARAGRAPH. f. Upon request by a law enforcement
2officer, as defined in section 80B.3, or state or federal
3judicial officer or state or federal prosecutor, the recorder
4or the recorder’s staff shall redact the requestor’s name
5contained in electronic documents that are displayed for public
6access through an internet site. This paragraph does not apply
7to a requestor holding or seeking public office. The recorder
8shall implement and maintain a process to facilitate these
9requests. A fee shall not be charged for the administration
10of this paragraph.
11 Sec. 11. Section 622.10, subsection 9, paragraphs a and b,
12Code 2021, are amended to read as follows:
13a. A peer support group counselor or individual present
14for a group crisis intervention who obtains information from
15an officer or a civilian employee of a law enforcement agency
16or fire department by reason of the counselor’s capacity as a
17peer support group counselor or an individual’s presence for
18a group crisis intervention shall not be allowed, in giving
19testimony, to disclose any confidential communication properly
20entrusted to the counselor or individual present for a group
21crisis intervention by the officer or civilian employee while
22receiving counseling or group crisis intervention.
23b. The prohibition in this subsection does not apply
24where the officer or civilian employee has consented to the
25disclosure of the information specified in paragraph “a” or
26where the peer support group counselor or individual present
27for a group crisis intervention was an initial responding
28officer, a witness, or a party to the incident which prompted
29the delivery of peer support group counseling services or the
30group crisis intervention to the officer or civilian employee.
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 qualified immunity of law enforcement
35officers, the peace officer, public safety, and emergency
-7-1personnel bill of rights, uniform commercial code filings, and
2protected information of law enforcement officers and state
3or federal judicial officers and prosecutors. The bill is
4organized into divisions.
5DIVISION I — QUALIFIED IMMUNITY. Under the bill, the
6general assembly finds that qualified immunity is intended
7for all law enforcement officers except for law enforcement
8officers who are incompetent or knowingly violate the law and
9that as the United States supreme court has observed, qualified
10immunity balances the need to hold law enforcement officers
11accountable when law enforcement officers exercise their
12power irresponsibly and the need to shield law enforcement
13officers from harassment, distraction, and liability when law
14enforcement officers perform their duties reasonably.
15The bill defines “law enforcement officer” to mean any
16federal, state, tribal, or local official who is authorized
17by law to engage in or supervise the prevention, detection,
18investigation, or incarceration of any person for any violation
19of law, and has statutory powers of arrest, apprehension,
20detention, or incarceration. “Law enforcement officers”
21include but are not limited to peace officers, employees of
22the department of public safety, employees of the department
23of corrections, and employees of a judicial district’s
24department of correctional services. The bill defines “action
25for damages” to mean any case brought in a court organized
26under the laws of this state in which the plaintiff seeks any
27amount of monetary compensation, including but not limited to
28claims alleging constitutional or statutory violations. The
29bill defines “constitution” to mean the Constitution of the
30United States or the Constitution of the State of Iowa. The
31bill defines “other law” to mean any statutory or common law,
32whether federal or state.
33The bill provides that a law enforcement officer subject
34to any action for damages in the law enforcement officer’s
35individual capacity shall not be found liable if such law
-8-1enforcement officer is entitled to qualified immunity. If a
2constitutional or statutory right was not clearly established
3at the time of the alleged deprivation by the law enforcement
4officer, or at that time, the state of the law was not
5sufficiently clear that a reasonable law enforcement officer
6would have understood that the conduct alleged constituted a
7violation of law, then the officer is entitled to qualified
8immunity. The plaintiff must plead facts showing that the law
9enforcement officer violated a right, and bears the burden of
10establishing that the alleged right was clearly established at
11the time the law enforcement officer’s conduct occurred.
12The bill provides liability protection for an agency or
13political subdivision who employed a law enforcement officer
14subject to an action governed under the new Code chapter shall
15not be liable if the law enforcement officer is found not
16liable under the provisions of the bill and the law enforcement
17officer was acting within the scope of employment with the
18agency or political subdivision.
19The bill provides that the applicability of the new Code
20chapter supersedes any other provision of Iowa law that
21provides less protection to law enforcement officers.
22DIVISION II — PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY
23PERSONNEL BILL OF RIGHTS. The bill modifies the definition
24of “complaint” in Code section 80F.1 (peace officer, public
25safety, and emergency personnel bill of rights) to mean a
26formal written allegation signed by the complainant or a signed
27written statement by an officer receiving an oral complaint
28stating the complainant’s allegation.
29The bill provides that an officer shall be immediately
30notified in writing of any preliminary results from a formal
31administrative investigation and any recommendations for the
32disposition of the complaint and discipline. Upon initiation
33of the formal administrative investigation, an officer shall
34be promptly served with written notice of the complaint, be
35informed of the officer’s right to counsel, and be provided
-9-1with a copy of the peace officer bill of rights. The written
2notice shall include: names of all the complainants, alleged
3date of the occurrence, summary of the factual allegations, and
4the name and rank or title of the investigator in charge of the
5formal administrative investigation.
6The bill provides that the officer shall have a right
7to legal counsel at the expense of the officer during the
8interview, hearings, or other disciplinary or administrative
9proceedings related to the complaint. The officer’s legal
10counsel, union representative, or employee representative shall
11not be compelled to disclose during any judicial proceeding
12any information received from the officer under investigation
13or from an agent of the officer. An officer’s legal counsel,
14union representative, or employee representative shall not be
15subject to any investigation or punitive action for refusing to
16disclose any information. The bill provides that the officer
17and officer’s legal counsel may coordinate and communicate in
18confidence with the officer’s designated union representative
19or employee representative and those communications shall not
20be subject to discovery.
21The bill provides that if a formal administrative
22investigation results in removal, discharge, suspension, or
23other disciplinary action against the officer, the complete
24investigative reports shall be timely provided to the officer
25or officer’s legal counsel upon request at the completion of
26the investigation.
27The bill provides that an officer’s personal information
28shall be redacted from any record prior to the record’s release
29to the public. An officer’s photograph or unredacted personal
30information may be released to the officer’s legal counsel,
31union representative, or designated employee representative
32upon the officer’s request.
33The bill provides that an officer may bring a private cause
34of action, including but not limited to an action for money
35damages, against any person for filing a false complaint
-10-1against the officer.
2The bill provides that an officer’s personal information,
3including certain personal information specified in the bill,
4shall be confidential and shall be redacted from any record
5prior to the record’s release to the public by an employing
6agency. The bill provides that the following information shall
7also be kept confidential: an officer’s statement, recordings,
8or transcripts of any interviews or disciplinary proceedings,
9and any complaints made against an officer.
10The bill provides that an agency shall provide training to
11any person who performs or supervises an investigation under
12the bill. The Iowa law enforcement academy shall adopt minimum
13training standards not inconsistent with the bill including
14training standards concerning interviewing an officer subject
15to a complaint.
16The bill provides that upon request, the employing agency
17shall provide to a requesting officer or the officer’s legal
18counsel a copy of the officer’s personnel file and training
19records regardless of whether the officer is subject to a
20formal administrative investigation at the time of the request.
21DIVISION III — FRAUDULENT FILINGS — UNIFORM COMMERCIAL
22CODE. The bill provides that a filing office may refuse to
23accept a financing statement that is determined to not have
24been created pursuant to the UCC, is intended for an improper
25purpose, names the same person as both the debtor and the
26secured party, describes collateral not within the scope
27of applicable law, or is filed for a purpose other than a
28transaction within the scope of the UCC. If the filing office
29becomes aware that a financial statement or other record was
30not created pursuant to the UCC or was intended for an improper
31purpose, the filing office shall review the record and relevant
32circumstance, and determine if the record was wrongfully filed.
33If the record is wrongfully filed, it shall be deemed void and
34ineffective and the filing office shall remove the record from
35the index and communicate that to the person who filed the
-11-1record and to other persons, as appropriate.
2DIVISION IV — PROTECTED INFORMATION. The bill provides
3that upon request by a law enforcement officer, state or
4federal judicial officer or prosecutor, the recorder or the
5recorder’s staff shall redact the requester’s name contained in
6electronic documents displayed for public access, unless the
7person is holding or seeking public office. A fee shall not be
8charged to redact the requester’s name.
9The bill provides that a peer support group counselor
10or individual present for a group crisis intervention who
11obtains information from a law enforcement officer, fire
12fighter, or civilian employee of a law enforcement agency or
13fire department shall not be allowed, in giving testimony, to
14disclose any confidential communication properly entrusted to
15the counselor or individual by the law enforcement officer,
16fire fighter, or civilian employee while receiving counseling.
17However, the law enforcement officer, fire fighter, or civilian
18employee may consent to the disclosure. Under current law,
19this evidentiary rule applies to communications between peer
20support group counselors and law enforcement officers or fire
21fighters.
-12-cm/jh
2officers, the peace officer, public safety, and emergency
3personnel bill of rights, uniform commercial code filings,
4and protected information of law enforcement officers and
5state or federal judicial officers and prosecutors.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Qualified Immunity
3 Section 1. NEW SECTION. 669A.1 Findings.
4The general assembly finds the following:
51. Qualified immunity is intended for all but the plainly
6incompetent or those who knowingly violate the law and is meant
7to give law enforcement officials leeway to make reasonable
8mistakes of fact and law.
92. The United States supreme court has observed that
10qualified immunity balances two important interests: the
11need to hold law enforcement officers accountable when law
12enforcement officers exercise power irresponsibly and the
13need to shield law enforcement officers from harassment,
14distraction, and liability when law enforcement officers
15perform their duties reasonably.
16 Sec. 2. NEW SECTION. 669A.2 Definitions.
17For purposes of this chapter, unless the context otherwise
18requires:
191. “Action for damages” means any case brought in a court
20organized under the laws of this state in which the plaintiff
21seeks any amount of monetary compensation, including but
22not limited to claims alleging constitutional or statutory
23violations.
242. “Constitution” means the Constitution of the United
25States or the Constitution of the State of Iowa.
263. “Law enforcement officer” means any federal, state,
27tribal, or local official who is authorized by law to engage
28in or supervise the prevention, detection, investigation, or
29incarceration of any person for any violation of law, and
30has statutory powers of arrest, apprehension, detention, or
31incarceration. “Law enforcement officer” includes but is not
32limited to a peace officer, employee of the department of
33public safety, employee of the department of corrections, and
34employee of a judicial district’s department of correctional
35services.
-1- 14. “Other law” means any statutory or common law, whether
2federal or state.
3 Sec. 3. NEW SECTION. 669A.3 Liability — law enforcement
4officers.
5A law enforcement officer subject to any action for damages
6in the law enforcement officer’s individual capacity shall not
7be found liable if such law enforcement officer is entitled to
8qualified immunity. If the right secured by the constitution
9or any other law was not clearly established at the time of the
10alleged deprivation by the law enforcement officer, or at that
11time, the state of the law was not sufficiently clear that a
12reasonable law enforcement officer would have understood that
13the conduct alleged constituted a violation of the constitution
14or any other law, then the officer shall be entitled to
15qualified immunity. The plaintiff must plead facts showing
16that the law enforcement officer violated a constitutional or
17statutory right, and shall bear the burden of establishing that
18the alleged right was clearly established at the time the law
19enforcement officer’s conduct occurred.
20 Sec. 4. NEW SECTION. 669A.4 Liability — agency or
21political subdivision.
22An agency or political subdivision who employed a law
23enforcement officer subject to an action governed by this
24chapter shall not be liable for such action if the law
25enforcement officer is found not liable under section 669A.3
26and the law enforcement officer was acting within the scope of
27the law enforcement officer’s employment with the agency or
28political subdivision.
29 Sec. 5. NEW SECTION. 669A.5 Applicability of law.
30To the extent any other provision of Iowa law provides less
31protection to law enforcement officers than this chapter, this
32chapter supplants that law.
33DIVISION II
34peace officer, public safety, and emergency personnel bill of
35rights
-2-1 Sec. 6. Section 80F.1, subsection 1, paragraph a, Code 2021,
2is amended to read as follows:
3a. “Complaint” means a formal written allegation signed
4by the complainant or a signed written statement by an
5officer receiving an oral complaint stating the complainant’s
6allegation.
7 Sec. 7. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
8Code 2021, are amended to read as follows:
93. a. A formal administrative investigation of an officer
10shall be commenced and completed in a reasonable period of
11time and an. An officer shall be immediately notified in
12writing of the preliminary results of the investigation when
13the investigation is completed and any recommendations for the
14disposition of the complaint and discipline.
15b. Upon initiating a formal administrative investigation
16of an officer, the investigating agency shall promptly serve
17the officer under investigation with written notice of the
18complaint, shall inform the officer of the officer’s right to
19counsel, and shall provide the officer with a copy of the peace
20officer bill of rights. The notice shall include the names of
21all of the complainants, the alleged date of the occurrence
22giving rise to the complaint, a summary of the factual
23allegations against the officer, and the name and rank or title
24of the investigator in charge of the formal administrative
25investigation.
265. a. An officer who is the subject of a complaint, shall
27at a minimum, be provided a written summary of the complaint
28prior to an interview. If a collective bargaining agreement
29applies, the complaint or written summary shall be provided
30pursuant to the procedures established under the collective
31bargaining agreement. If the complaint alleges domestic abuse,
32sexual abuse, or sexual harassment, an officer shall not
33receive more than a written summary of the complaint.
34b. Upon written request of the officer or the officer’s
35legal counsel, the employing agency shall provide to the
-3-1officer or the officer’s legal counsel a complete copy of the
2officer’s incident reports and the officer’s video or audio
3recordings from the incident giving rise to the complaint
4without unnecessary delay prior to an interview of the officer.
58. a. The officer shall have the right to have the
6assistance of legal counsel present, at the officer’s expense,
7during the interview of the officer, during hearings, or during
8other disciplinary or administrative proceedings related to the
9complaint. In addition, the officer shall have the right, at
10the officer’s expense, to have a union representative present
11during the interview or, if not a member of a union, the
12officer shall have the right to have a designee present.
13b. The officer’s legal counsel, union representative, or
14employee representative shall not be compelled to disclose in
15any judicial proceeding, nor be subject to any investigation
16or punitive action for refusing to disclose, any information
17received from the officer under investigation or from an agent
18of the officer. The officer and the officer’s legal counsel
19may coordinate and communicate in confidence with the officer’s
20designated union representative or employee representative,
21and the communications are not subject to discovery in any
22proceeding.
239. If a formal administrative investigation results in
24the removal, discharge, or suspension, or other disciplinary
25action against an officer, copies of any witness statements
26and the complete investigative agency’s report shall be timely
27provided to the officer upon the request of the officer or the
28officer’s legal counsel upon request at the completion of the
29investigation.
3013. An In addition to any other remedies available, an
31 officer shall have the right to pursue civil remedies under the
32law against a citizen any person, group of persons, employer,
33organization, or corporation for damages arising from the
34filing of a false complaint against the officer or any other
35violation of this chapter including but not limited to actual
-4-1damages, court costs, and reasonable attorney fees.
218. A municipality, county, or state agency employing
3an officer shall not publicly release the officer’s official
4photograph without the written permission of the officer or
5without a request to release pursuant to chapter 22. An
6officer’s personal information including but not limited to the
7officer’s home address, personal telephone number, personal
8electronic mail address, date of birth, social security number,
9and driver’s license number shall be confidential and shall be
10redacted from any record prior to the record’s release to the
11public by the employing agency. Nothing in this subsection
12prohibits the release of an officer’s photograph or unredacted
13personal information to the officer’s legal counsel, union
14representative, or designated employee representative upon the
15officer’s request.
16 Sec. 8. Section 80F.1, Code 2021, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 20. The employing agency shall keep
19an officer’s statement, recordings, or transcripts of any
20interviews or disciplinary proceedings, and any complaints
21made against an officer confidential unless otherwise provided
22by law or with the officer’s written consent. Nothing in
23this section prohibits the release of an officer’s statement,
24recordings, or transcripts of any interviews or disciplinary
25proceedings, and any complaints made against an officer to
26the officer or the officer’s legal counsel upon the officer’s
27request.
28 NEW SUBSECTION. 21. An agency employing full-time or
29part-time officers shall provide training to any officer or
30supervisor who performs or supervises an investigation under
31this section, and shall maintain documentation of any training
32related to this section. The Iowa law enforcement academy
33shall adopt minimum training standards not inconsistent with
34this subsection, including training standards concerning
35interviewing an officer subject to a complaint.
-5-1 NEW SUBSECTION. 22. Upon request, the employing agency
2shall provide to the requesting officer or the officer’s legal
3counsel a copy of the officer’s personnel file and training
4records regardless of whether the officer is subject to a
5formal administrative investigation at the time of the request.
6DIVISION III
7UNIFORM COMMERCIAL CODE FILINGS
8 Sec. 9. Section 554.9516, Code 2021, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 5. Fraudulent filings.
11a. The filing office may refuse to accept a financing
12statement that it determines is not created pursuant to the
13uniform commercial code, or is otherwise intended for an
14improper purpose, such as to hinder, harass, or otherwise
15wrongfully interfere with any person. The filing office may
16also refuse to accept a financing statement that names the same
17person as both debtor and secured party, describes collateral
18not within the scope of applicable law, or is being filed for
19a purpose other than a transaction within the scope of the
20uniform commercial code.
21b. If the filing office becomes aware that a financing
22statement or other record was not created pursuant to the
23uniform commercial code, or was otherwise intended for an
24improper purpose, such as to hinder, harass, or otherwise
25wrongfully interfere with any person, the filing office
26shall review the record and relevant circumstances and, if it
27determines that the record was wrongfully filed, the record
28shall be deemed void and ineffective; and the filing office
29shall remove the record from the index and communicate the
30foregoing to the person that presented the wrongfully filed
31record and to other persons, as appropriate.
32DIVISION IV
33Protected information
34 Sec. 10. Section 331.604, subsection 3, Code 2021, is
35amended by adding the following new paragraph:
-6-1 NEW PARAGRAPH. f. Upon request by a law enforcement
2officer, as defined in section 80B.3, or state or federal
3judicial officer or state or federal prosecutor, the recorder
4or the recorder’s staff shall redact the requestor’s name
5contained in electronic documents that are displayed for public
6access through an internet site. This paragraph does not apply
7to a requestor holding or seeking public office. The recorder
8shall implement and maintain a process to facilitate these
9requests. A fee shall not be charged for the administration
10of this paragraph.
11 Sec. 11. Section 622.10, subsection 9, paragraphs a and b,
12Code 2021, are amended to read as follows:
13a. A peer support group counselor or individual present
14for a group crisis intervention who obtains information from
15an officer or a civilian employee of a law enforcement agency
16or fire department by reason of the counselor’s capacity as a
17peer support group counselor or an individual’s presence for
18a group crisis intervention shall not be allowed, in giving
19testimony, to disclose any confidential communication properly
20entrusted to the counselor or individual present for a group
21crisis intervention by the officer or civilian employee while
22receiving counseling or group crisis intervention.
23b. The prohibition in this subsection does not apply
24where the officer or civilian employee has consented to the
25disclosure of the information specified in paragraph “a” or
26where the peer support group counselor or individual present
27for a group crisis intervention was an initial responding
28officer, a witness, or a party to the incident which prompted
29the delivery of peer support group counseling services or the
30group crisis intervention to the officer or civilian employee.
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 qualified immunity of law enforcement
35officers, the peace officer, public safety, and emergency
-7-1personnel bill of rights, uniform commercial code filings, and
2protected information of law enforcement officers and state
3or federal judicial officers and prosecutors. The bill is
4organized into divisions.
5DIVISION I — QUALIFIED IMMUNITY. Under the bill, the
6general assembly finds that qualified immunity is intended
7for all law enforcement officers except for law enforcement
8officers who are incompetent or knowingly violate the law and
9that as the United States supreme court has observed, qualified
10immunity balances the need to hold law enforcement officers
11accountable when law enforcement officers exercise their
12power irresponsibly and the need to shield law enforcement
13officers from harassment, distraction, and liability when law
14enforcement officers perform their duties reasonably.
15The bill defines “law enforcement officer” to mean any
16federal, state, tribal, or local official who is authorized
17by law to engage in or supervise the prevention, detection,
18investigation, or incarceration of any person for any violation
19of law, and has statutory powers of arrest, apprehension,
20detention, or incarceration. “Law enforcement officers”
21include but are not limited to peace officers, employees of
22the department of public safety, employees of the department
23of corrections, and employees of a judicial district’s
24department of correctional services. The bill defines “action
25for damages” to mean any case brought in a court organized
26under the laws of this state in which the plaintiff seeks any
27amount of monetary compensation, including but not limited to
28claims alleging constitutional or statutory violations. The
29bill defines “constitution” to mean the Constitution of the
30United States or the Constitution of the State of Iowa. The
31bill defines “other law” to mean any statutory or common law,
32whether federal or state.
33The bill provides that a law enforcement officer subject
34to any action for damages in the law enforcement officer’s
35individual capacity shall not be found liable if such law
-8-1enforcement officer is entitled to qualified immunity. If a
2constitutional or statutory right was not clearly established
3at the time of the alleged deprivation by the law enforcement
4officer, or at that time, the state of the law was not
5sufficiently clear that a reasonable law enforcement officer
6would have understood that the conduct alleged constituted a
7violation of law, then the officer is entitled to qualified
8immunity. The plaintiff must plead facts showing that the law
9enforcement officer violated a right, and bears the burden of
10establishing that the alleged right was clearly established at
11the time the law enforcement officer’s conduct occurred.
12The bill provides liability protection for an agency or
13political subdivision who employed a law enforcement officer
14subject to an action governed under the new Code chapter shall
15not be liable if the law enforcement officer is found not
16liable under the provisions of the bill and the law enforcement
17officer was acting within the scope of employment with the
18agency or political subdivision.
19The bill provides that the applicability of the new Code
20chapter supersedes any other provision of Iowa law that
21provides less protection to law enforcement officers.
22DIVISION II — PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY
23PERSONNEL BILL OF RIGHTS. The bill modifies the definition
24of “complaint” in Code section 80F.1 (peace officer, public
25safety, and emergency personnel bill of rights) to mean a
26formal written allegation signed by the complainant or a signed
27written statement by an officer receiving an oral complaint
28stating the complainant’s allegation.
29The bill provides that an officer shall be immediately
30notified in writing of any preliminary results from a formal
31administrative investigation and any recommendations for the
32disposition of the complaint and discipline. Upon initiation
33of the formal administrative investigation, an officer shall
34be promptly served with written notice of the complaint, be
35informed of the officer’s right to counsel, and be provided
-9-1with a copy of the peace officer bill of rights. The written
2notice shall include: names of all the complainants, alleged
3date of the occurrence, summary of the factual allegations, and
4the name and rank or title of the investigator in charge of the
5formal administrative investigation.
6The bill provides that the officer shall have a right
7to legal counsel at the expense of the officer during the
8interview, hearings, or other disciplinary or administrative
9proceedings related to the complaint. The officer’s legal
10counsel, union representative, or employee representative shall
11not be compelled to disclose during any judicial proceeding
12any information received from the officer under investigation
13or from an agent of the officer. An officer’s legal counsel,
14union representative, or employee representative shall not be
15subject to any investigation or punitive action for refusing to
16disclose any information. The bill provides that the officer
17and officer’s legal counsel may coordinate and communicate in
18confidence with the officer’s designated union representative
19or employee representative and those communications shall not
20be subject to discovery.
21The bill provides that if a formal administrative
22investigation results in removal, discharge, suspension, or
23other disciplinary action against the officer, the complete
24investigative reports shall be timely provided to the officer
25or officer’s legal counsel upon request at the completion of
26the investigation.
27The bill provides that an officer’s personal information
28shall be redacted from any record prior to the record’s release
29to the public. An officer’s photograph or unredacted personal
30information may be released to the officer’s legal counsel,
31union representative, or designated employee representative
32upon the officer’s request.
33The bill provides that an officer may bring a private cause
34of action, including but not limited to an action for money
35damages, against any person for filing a false complaint
-10-1against the officer.
2The bill provides that an officer’s personal information,
3including certain personal information specified in the bill,
4shall be confidential and shall be redacted from any record
5prior to the record’s release to the public by an employing
6agency. The bill provides that the following information shall
7also be kept confidential: an officer’s statement, recordings,
8or transcripts of any interviews or disciplinary proceedings,
9and any complaints made against an officer.
10The bill provides that an agency shall provide training to
11any person who performs or supervises an investigation under
12the bill. The Iowa law enforcement academy shall adopt minimum
13training standards not inconsistent with the bill including
14training standards concerning interviewing an officer subject
15to a complaint.
16The bill provides that upon request, the employing agency
17shall provide to a requesting officer or the officer’s legal
18counsel a copy of the officer’s personnel file and training
19records regardless of whether the officer is subject to a
20formal administrative investigation at the time of the request.
21DIVISION III — FRAUDULENT FILINGS — UNIFORM COMMERCIAL
22CODE. The bill provides that a filing office may refuse to
23accept a financing statement that is determined to not have
24been created pursuant to the UCC, is intended for an improper
25purpose, names the same person as both the debtor and the
26secured party, describes collateral not within the scope
27of applicable law, or is filed for a purpose other than a
28transaction within the scope of the UCC. If the filing office
29becomes aware that a financial statement or other record was
30not created pursuant to the UCC or was intended for an improper
31purpose, the filing office shall review the record and relevant
32circumstance, and determine if the record was wrongfully filed.
33If the record is wrongfully filed, it shall be deemed void and
34ineffective and the filing office shall remove the record from
35the index and communicate that to the person who filed the
-11-1record and to other persons, as appropriate.
2DIVISION IV — PROTECTED INFORMATION. The bill provides
3that upon request by a law enforcement officer, state or
4federal judicial officer or prosecutor, the recorder or the
5recorder’s staff shall redact the requester’s name contained in
6electronic documents displayed for public access, unless the
7person is holding or seeking public office. A fee shall not be
8charged to redact the requester’s name.
9The bill provides that a peer support group counselor
10or individual present for a group crisis intervention who
11obtains information from a law enforcement officer, fire
12fighter, or civilian employee of a law enforcement agency or
13fire department shall not be allowed, in giving testimony, to
14disclose any confidential communication properly entrusted to
15the counselor or individual by the law enforcement officer,
16fire fighter, or civilian employee while receiving counseling.
17However, the law enforcement officer, fire fighter, or civilian
18employee may consent to the disclosure. Under current law,
19this evidentiary rule applies to communications between peer
20support group counselors and law enforcement officers or fire
21fighters.
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