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House Study Bill 266 - IntroducedA Bill ForAn Act 1relating to public records including confidentiality,
2access, and the enforcement of public records violations,
3and uniform commercial code filings; certain employment
4matters including benefits, workers’ compensation, civil
5actions, and civil immunity; and law enforcement including
6law enforcement officer rights, eluding law enforcement, and
7carrying firearms; and providing penalties.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC RECORDS — CONFIDENTIALITY — CIVIL ENFORCEMENT
3 Section 1. Section 9E.1, Code 2021, is amended to read as
4follows:
59E.1 Purpose.
6The general assembly finds that individuals attempting to
7escape from actual or threatened domestic abuse, domestic
8abuse assault, sexual abuse, assault, stalking, or human
9trafficking frequently establish new addresses in order to
10prevent their assailants or probable assailants from finding
11them. The purpose of this chapter is to enable state and local
12agencies to respond to requests for data without disclosing
13the location of a victim of domestic abuse, domestic abuse
14assault, sexual abuse, assault, stalking, or human trafficking;
15to enable interagency cooperation with the secretary of state
16in providing address confidentiality for victims of domestic
17abuse, domestic abuse assault, sexual abuse, assault, stalking,
18or human trafficking; and to enable program participants to use
19an address designated by the secretary of state as a substitute
20mailing address for the purposes specified in this chapter.
21In addition, the purpose of this chapter is to prevent such
22victims from being physically located through a public records
23search.
24 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021,
25is amended to read as follows:
26a. “Eligible person” means a person who is all a resident of
27this state, an adult, a minor, or an incapacitated person as
28defined in section 633.701, and is one of the following:
29(1) A resident of this state.
30(2) An adult, a minor, or an incapacitated person as defined
31in section 633.701.
32(3) A victim of domestic abuse, domestic abuse assault,
33sexual abuse, assault, stalking, or human trafficking as
34evidenced by the filing of a petition pursuant to section 236.3
35or a criminal complaint or information pursuant to section
-1- 1708.1, 708.2A, 708.11, or 710A.2, or any violation contained
2in chapter 709.
3(2) A currently active or retired state or local judicial
4officer, as defined in section 4.1, or a spouse or child of
5such a person.
6(3) A currently active or retired state or local prosecuting
7attorney, as defined in section 801.4, or a spouse or child of
8such a person.
9(4) A currently active or retired peace officer, as defined
10in section 801.4, or a spouse or child of such a person.
11 Sec. 3. Section 9E.3, subsection 1, paragraph b,
12subparagraph (1), subparagraph division (a), Code 2021, is
13amended to read as follows:
14(a) The eligible person listed on the application is a
15victim of domestic abuse, domestic abuse assault, sexual abuse,
16assault, stalking, or human trafficking.
17 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021,
18is amended to read as follows:
19e. The residential address of the eligible person,
20disclosure of which could lead to an increased risk of domestic
21abuse, domestic abuse assault, sexual abuse, assault, stalking,
22or human trafficking.
23 Sec. 5. Section 22.10, subsection 3, paragraph b,
24subparagraph (2), Code 2021, is amended to read as follows:
25(2) Had good reason to believe and in good faith believed
26facts which, if true, would have indicated compliance with
27the requirements of this chapter. For purposes of this
28subparagraph, “good reason to believe and in good faith believed”
29 means the person engaged in a balancing test in weighing the
30individual privacy interest against the public’s need to access
31the record based upon a reasonable reliance on the facts.
32DIVISION II
33UNIFORM COMMERCIAL CODE — FRAUDULENT FILINGS
34 Sec. 6. Section 554.9516, Code 2021, is amended by adding
35the following new subsection:
-2-1 NEW SUBSECTION. 5. Fraudulent filings.
2a. The filing office may refuse to accept a financing
3statement that it determines is not created pursuant to the
4uniform commercial code, or is otherwise intended for an
5improper purpose, such as to hinder, harass, or otherwise
6wrongfully interfere with any person. The filing office may
7also refuse to accept a financing statement that names the same
8person as both debtor and secured party, describes collateral
9not within the scope of applicable law, or is being filed for
10a purpose other than a transaction within the scope of the
11uniform commercial code.
12b. If the filing office becomes aware that a financing
13statement or other record was not created pursuant to the
14uniform commercial code, or was otherwise intended for an
15improper purpose, such as to hinder, harass, or otherwise
16wrongfully interfere with any person, the filing office
17shall review the record and relevant circumstances and, if it
18determines that the record was wrongfully filed, the record
19shall be deemed void and ineffective; and the filing office
20shall remove the record from the index and communicate the
21foregoing to the person that presented the wrongfully filed
22record and to other persons, as appropriate.
23DIVISION III
24ACCRUED SICK LEAVE — RETIRED PUBLIC SAFETY EMPLOYEES
25 Sec. 7. NEW SECTION. 70A.23A Credit for accrued sick leave
26— public safety employees.
27A public safety employee, as defined by section 20.3,
28subsection 11, who retires and has applied for retirement
29benefits under an eligible retirement system, shall receive
30credit for all accumulated, unused sick leave which shall be
31converted at current value and credited to an account for the
32public safety employee for the purpose of paying the public
33safety employee’s cost of the monthly premiums for continuance
34of the public safety employee’s health insurance plan. Upon
35the death of a retired public safety employee, the spouse
-3-1or surviving spouse shall be entitled to the value of the
2accumulated unused sick leave for the purpose of paying the
3cost of monthly premiums for continuation of a public safety
4employee’s health insurance policy for the public safety
5employee’s surviving spouse or dependents. This subsection
6shall not apply to sections 509A.13 and 509A.13A.
7DIVISION IV
8WORKERS’ COMPENSATION — ACTIONS AND OFFSETS
9 Sec. 8. Section 85.26, subsection 1, Code 2021, is amended
10to read as follows:
111. An original proceeding for benefits under this chapter
12or chapter 85A, 85B, or 86, shall not be maintained in any
13contested case unless the proceeding is commenced within two
14years from the date of the occurrence of the injury for which
15benefits are claimed or one year from the date a denial of
16liability is received by the employee, whichever is later,
17 or, if weekly compensation benefits are paid under section
1886.13, within three years from the date of the last payment
19of weekly compensation benefits. For the purposes of this
20section, “date of the occurrence of the injury” means the date
21that the employee knew or should have known that the injury was
22work-related.
23 Sec. 9. Section 97B.50A, subsection 5, Code 2021, is amended
24to read as follows:
255. Offset to allowance.
26a. Notwithstanding any provisions to the contrary in state
27law, or any applicable contract or policy, any amounts which
28may be paid or payable by the employer under any workers’
29compensation, unemployment compensation, employer-paid
30disability plan, program, or policy, or other law to a member,
31and any disability payments the member receives pursuant to
32the federal Social Security Act, 42 U.S.C. §423 et seq.,
33shall be offset against and payable in lieu of any retirement
34allowance payable pursuant to this section on account of the
35same disability.
-4- 1b. Notwithstanding paragraph “a”, any workers’ compensation
2benefits received by a member for past medical expenses or
3future medical expenses shall not be offset against and not
4considered payable in lieu of any retirement allowance payable
5pursuant to this section on account of the same disability.
6c. Notwithstanding paragraph “a”, any workers’ compensation
7benefits received by a member for reimbursement of vacation
8time used, sick time used, or for any unpaid time off from work
9shall not be offset against and not considered payable in lieu
10of any retirement allowance payable pursuant to this section on
11account of the same disability.
12DIVISION V
13CIVIL SERVICE COMMISSION EXAMINATIONS
14 Sec. 10. Section 400.8, subsection 2, Code 2021, is amended
15to read as follows:
162. The commission shall establish the guidelines for
17conducting the examinations under subsection 1 of this section.
18It may prepare and administer the examinations or may The
19commission shall hire persons with expertise to do so if the
20commission approves the examinations prepare and administer
21the examinations approved by the commission. It may also
22hire persons with expertise to consult in the preparation of
23such examinations if the persons so hired are employed to aid
24personnel of the commission in assuring that a fair examination
25is conducted. A fair examination shall explore the competence
26of the applicant in the particular field of examination.
27 Sec. 11. Section 400.9, subsection 2, Code 2021, is amended
28to read as follows:
292. The commission shall establish guidelines for conducting
30the examinations under subsection 1. It may prepare and
31administer the examinations or may The commission shall hire
32persons with expertise to do so if the commission approves
33the examinations and if the examinations apply to prepare and
34administer the examinations approved by the commission for
35 the position in the city for which the applicant is taking
-5-1the examination. It may also hire persons with expertise to
2consult in the preparation of such examinations if the persons
3so hired are employed to aid personnel of the commission
4in assuring that a fair examination is conducted. A fair
5examination shall explore the competence of the applicant in
6the particular field of examination. The names of persons
7approved to administer any examination under this section shall
8be posted in the city hall at least twenty-four hours prior to
9the examination.
10DIVISION VI
11STATE AND MUNICIPAL TORT CLAIMS
12 Sec. 12. Section 669.14, Code 2021, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 1A. Any claim based upon an act or omission
15of an employee of the state, exercising due care, in the
16execution of or enforcement of any law.
17 Sec. 13. Section 670.2, Code 2021, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4. An employee is not personally liable
20for a claim based upon an act or omission of the person taken
21in execution or enforcement of any law except for acts or
22omissions which involve intentional misconduct or knowing
23violations of the law.
24 Sec. 14. Section 670.7, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 5. The governing body of a municipality
27shall purchase and maintain insurance or join a local
28government risk pool pursuant to this section for claims for
29punitive damages in tort actions for wrongful death, excessive
30force, and arrest filed without probable cause against its
31law enforcement and public safety officers, employees, and
32volunteers, whether elected or appointed, arising out of an
33alleged act or omission occurring within the scope of such
34a person’s employment or duties. The governing body may
35purchase and maintain insurance or join a local government
-6-1risk pool for claims for punitive damages against its law
2enforcement and public safety officers, employees, and persons
3who do not receive compensation for their services for other
4tort actions. This subsection does not waive a defense of
5governmental immunity to any claim or action brought against a
6law enforcement or public safety officer, employee, or a person
7who does not receive compensation for their services.
8DIVISION VII
9LAW ENFORCEMENT — OFFICER RIGHTS — ELUDING LAW ENFORCEMENT —
10CARRYING FIREARMS
11 Sec. 15. Section 80F.1, Code 2021, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 2A. A formal administrative investigation,
14informal inquiry, or interview under this chapter shall not be
15conducted unless a complaint is filed within one hundred eighty
16days after the alleged action occurred.
17 Sec. 16. Section 80F.1, subsections 13 and 19, Code 2021,
18are amended to read as follows:
1913. An officer shall have the right to pursue civil remedies
20under the law against a citizen arising from the filing of a
21false complaint against the officer In addition to any other
22remedies available, an officer shall have the right to pursue
23civil remedies under the law against any person, group of
24persons, employer, organization, or corporation for damages
25arising from the filing of a false complaint or any other
26violation of this chapter including but not limited to actual
27damages, court costs, and reasonable attorney fees.
2819. If a formal administrative investigation results in
29removal, discharge, suspension, or disciplinary action against
30an officer, and the officer alleges in writing a violation of
31the provisions of this section, the municipality, county, or
32state agency employing the officer shall hold in abeyance for
33a period of ten days any punitive action taken as a result of
34the investigation, including a reprimand, until the conclusion
35of any appeal or grievance exercised by the officer. An
-7-1allegation of a violation of this section may be raised and
2given due consideration in any properly authorized grievance
3or appeal exercised by an officer, including but not limited
4to a grievance or appeal exercised pursuant to the terms of an
5applicable collective bargaining agreement and an appeal right
6exercised under section 341A.12 or 400.20.
7 Sec. 17. Section 321.279, Code 2021, is amended to read as
8follows:
9321.279 Eluding or attempting to elude pursuing law
10enforcement vehicle.
111. a. The driver of a motor vehicle commits a serious an
12aggravated misdemeanor if the driver willfully fails to bring
13the motor vehicle to a stop or otherwise eludes or attempts to
14elude a marked or unmarked official law enforcement vehicle
15driven by a uniformed peace officer after being given a visual
16and audible signal to stop. The signal given by the peace
17officer shall be by flashing red light, or by flashing red and
18blue lights, and siren. For purposes of this section, “peace
19officer” means those officers designated under section 801.4,
20subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
21b. The driver of a motor vehicle who commits a second or
22subsequent violation under this subsection is, upon conviction,
23guilty of an aggravated misdemeanor a class “D” felony.
242. a. The driver of a motor vehicle commits an aggravated
25misdemeanor a class “D” felony if the driver willfully fails
26to bring the motor vehicle to a stop or otherwise eludes or
27attempts to elude a marked or unmarked official law enforcement
28vehicle that is driven by a uniformed peace officer after being
29given a visual and audible signal as provided in this section
30and in doing so exceeds the speed limit by twenty-five miles
31per hour or more.
32b. (1) The driver of a motor vehicle who commits a
33violation under this subsection and who has previously
34committed a violation under this subsection or subsection 3,
35paragraph “a”, is, upon conviction, guilty of a class “D” “C”
-8-1 felony.
2(2) The driver of a motor vehicle who commits a violation
3under this subsection and who has previously committed a
4violation under subsection 3, paragraph “b”, commits a class “B”
5felony.
63. a. The driver of a motor vehicle commits a class “D”
7felony if the driver willfully fails to bring the motor vehicle
8to a stop or otherwise eludes or attempts to elude a marked or
9unmarked official law enforcement vehicle that is driven by a
10uniformed peace officer after being given a visual and audible
11signal as provided in this section, and in doing so exceeds the
12speed limit by twenty-five miles per hour or more, and if any
13of the following occurs:
14(1) The driver is participating in a public offense, as
15defined in section 702.13, that is a felony.
16(2) The driver is in violation of section 321J.2.
17(3) The driver is in violation of section 124.401.
18(4) The offense results in bodily injury to a person other
19than the driver.
20b. The driver of a motor vehicle commits a class “C” felony
21if the driver willfully fails to bring the motor vehicle to
22a stop or otherwise eludes or attempts to elude a marked or
23unmarked official law enforcement vehicle that is driven by a
24peace officer after being given a visual and audible signal as
25provided in this section, and in doing so the offense results
26in bodily injury to a person other than the driver.
27b. c. (1) The driver of a motor vehicle who commits a
28second or subsequent violation under this subsection paragraph
29“a” is, upon conviction, guilty of a class “C” felony.
30(2) The driver of a motor vehicle who commits a second or
31subsequent violation under paragraph “b” is, upon conviction,
32guilty of a class “B” felony.
334. Notwithstanding section 809.5 or any other provision
34of law to the contrary, a law enforcement agency may retain
35possession of a motor vehicle suspected to have been
-9-1operated by a person in violation of this section until final
2disposition of any criminal proceeding related to the violation
3if the person was a registered owner of the vehicle at the time
4of the suspected violation.
5 Sec. 18. Section 707.6A, subsections 2 and 4, Code 2021, are
6amended to read as follows:
72. a. A person commits a class “C” felony when the person
8unintentionally causes the death of another by any of the
9following means:
10a. Driving driving a motor vehicle in a reckless manner
11with willful or wanton disregard for the safety of persons or
12property, in violation of section 321.277.
13(1) For the purposes of this paragraph “a”, a person’s use
14of a hand-held electronic communication device to write, send,
15or view an electronic message while driving a motor vehicle
16shall be considered prima facie evidence that the person was
17driving the motor vehicle in a reckless manner with willful
18or wanton disregard for the safety of persons or property, in
19violation of section 321.277.
20(2) Subparagraph (1) shall not apply to any of the
21following:
22(a) A member of a public safety agency, as defined in
23section 34.1, performing official duties.
24(b) A health care professional in the course of an emergency
25situation.
26(c) A person receiving safety-related information including
27emergency, traffic, or weather alerts.
28(3) For the purposes of this paragraph “a”, the following
29definitions apply:
30(a) “Electronic message” includes images visible on the
31screen of a hand-held electronic communication device including
32a text-based message, an instant message, a portion of
33electronic mail, an internet site, a social media application,
34or a game.
35(b) “Hand-held electronic communication device” means a
-10-1mobile telephone or other portable electronic communication
2device capable of being used to write, send, or view an
3electronic message. “Hand-held electronic communication device”
4does not include a voice-operated or hands-free device which
5allows the user to write, send, or view an electronic message
6without the use of either hand except to activate or deactivate
7a feature or function. “Hand-held electronic communication
8device” does not include a wireless communication device used to
9transmit or receive data as part of a digital dispatch system.
10“Hand-held electronic communication device” includes a device
11which is temporarily mounted inside the motor vehicle, unless
12the device is a voice-operated or hands-free device.
13(c) The terms “write”, “send”, and “view”, with respect to
14an electronic message, mean the manual entry, transmission,
15or retrieval of an electronic message, and include playing,
16browsing, or accessing an electronic message.
17b. Eluding A person commits a class “B” felony when the
18person unintentionally causes the death of another by eluding
19 or attempting to elude a pursuing law enforcement vehicle, in
20violation of section 321.279, if the death of the other person
21directly or indirectly results from the violation.
224. A person commits a class “D” felony when the person
23unintentionally causes a serious injury, as defined in section
24702.18, by any of the means described in subsection 1 or 2,
25paragraph “a”. A person commits a class “C” felony when the
26person unintentionally causes a serious injury by any means
27described in subsection 2, paragraph “b”. For purposes of this
28subsection, “serious injury” means as defined in section 702.18.
29 Sec. 19. NEW SECTION. 724.4D Duty to carry firearm — peace
30officers.
31A peace officer shall carry a firearm at all times while
32engaged in the performance of official duties.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-11- 1This bill relates to public records including
2confidentiality, access, and the enforcement of public
3records violations, and uniform commercial code filings;
4certain employment matters including benefits, workers’
5compensation, civil actions, and civil immunity; and law
6enforcement including law enforcement officer rights, eluding
7law enforcement, and carrying weapons; and provides penalties.
8DIVISION I — PUBLIC RECORDS.
9ADDRESS CONFIDENTIALITY PROGRAM. The bill includes
10individuals who are attempting to escape from actual
11or threatened assault to be included in the address
12confidentiality program pursuant to Code chapter 9E. The
13bill expands the definition of “eligible person” to include a
14resident of this state, an adult, a minor, or an incapacitated
15person as defined in Code section 633.701, who is a victim
16of an assault; an active or retired state or local judicial
17officer, or a spouse or child of such a person; an active or
18retired state or local prosecuting attorney, or a spouse or
19child of such a person; or an active or retired peace officer,
20or a spouse or child of such a person.
21PUBLIC RECORDS VIOLATIONS. Under current law, a person
22found by a court to be in violation of the Iowa open records law
23(Code chapter 22) shall not be assessed damages if the person
24proves the person had good reason to believe and in good faith
25believed facts, which, if true, would have indicated compliance
26with the open records law. The bill defines “good reason to
27believe and in good faith believed” to mean the person engaged
28in a balancing test in weighing the individual privacy interest
29against the public’s need to access the record based upon the
30facts.
31DIVISION II — FRAUDULENT FILINGS — UNIFORM COMMERCIAL
32CODE. The bill provides that a filing office may refuse to
33accept a financing statement that is determined to not have
34been created pursuant to the UCC, is intended for an improper
35purpose, names the same person as both the debtor and the
-12-1secured party, describes collateral not within the scope
2of applicable law, or is filed for a purpose other than a
3transaction within the scope of the UCC. If the filing office
4becomes aware that a financial statement or other record was
5not created pursuant to the UCC or was intended for an improper
6purpose, the filing office shall review the record and relevant
7circumstance, and determine if the record was wrongfully filed.
8If the record is wrongfully filed, it shall be deemed void and
9ineffective and the filing office shall remove the record from
10the index and communicate that to the person who filed the
11record and to other persons, as appropriate.
12DIVISION III — PUBLIC SAFETY EMPLOYEES — ACCRUED SICK
13LEAVE UPON RETIREMENT. The bill provides that a public safety
14employee who retires and has applied for retirement benefits
15under an eligible retirement system shall receive credit for
16all accumulated, unused sick leave which shall be converted at
17a current value and credited to an account for the employee for
18the purpose of paying the employee’s cost of monthly premiums
19of a health insurance plan. Upon the death of a retired
20public safety employee, the spouse or surviving spouse shall
21be entitled to the same benefits. This Code section does
22not apply to employees pursuant to Code sections 509A.13 and
23509A.13A.
24Current law provides that an original proceeding regarding
25a contest of liability for workers’ compensation benefits can
26be maintained if commenced within two years from the date of
27the occurrence of the injury for which benefits are claimed.
28The bill provides that such a proceeding can be maintained if
29commenced within that period or within one year from the date a
30denial of liability is received by the employee, whichever is
31later.
32DIVISION IV — WORKERS’ COMPENSATION — ACTIONS AND
33OFFSETS. The bill provides that any workers’ compensation
34benefits received by a member for past medical expenses or
35future medical expenses, or any workers’ compensation benefits
-13-1received by a member for reimbursement of vacation time used,
2sick time used, or for any unpaid time off from work, shall not
3be offset against and not considered payable in lieu of any
4retirement allowance payable under the Iowa public employees’
5retirement system on account of the same disability.
6DIVISION V — CIVIL SERVICE COMMISSION EXAMINATIONS.
7 The bill provides that the civil service commission shall
8hire persons with expertise to prepare and administer the
9examinations approved by the commission for entrance and
10promotional examinations. Under current law, the civil service
11commission may hire a person with expertise to prepare and
12administer entrance and promotional examinations approved by
13the commission.
14DIVISION VI — STATE AND MUNICIPAL TORT CLAIMS. The bill
15provides tort immunity for state employees and employees of
16governmental subdivisions for any claim arising out of an act
17or omission of the employee in the execution of or enforcement
18of any law unless the employee’s act constitutes a willful and
19wanton act or omission in office. The bill also provides that
20an employee is not personally liable for a claim arising out of
21an act of the employee taken in execution or enforcement of any
22law unless the act constitutes willful and wanton misconduct.
23The bill provides that the governing body of a municipality
24shall purchase and maintain insurance or join a local
25government risk pool for claims for punitive damages in tort
26actions against its law enforcement and public safety officers,
27employees, and volunteers, whether elected or appointed,
28arising out of an alleged act or omission occurring within the
29scope of such a person’s employment or duties. The governing
30body may purchase and maintain insurance or join a local
31government risk pool for claims for punitive damages against
32its law enforcement and public safety officers, employees, and
33volunteers for other tort actions. The bill does not waive a
34defense of governmental immunity to any claim or action brought
35against a law enforcement or public safety officer, employee,
-14-1or volunteer.
2DIVISION VII — LAW ENFORCEMENT.
3PEACE OFFICER BILL OF RIGHTS. The bill provides that, in
4addition to any other remedies available, an officer as defined
5in Code section 80F.1 shall have the right to pursue civil
6remedies under the law against any person, group of persons,
7employer, organization, or corporation for damages arising
8from a false complaint, or any other violation of Code chapter
980F (peace officers and public safety and emergency personnel)
10including actual damages, court costs, and reasonable
11attorney fees. The bill provides that a formal administrative
12investigation, informal inquiry, or interview of an officer
13shall not be conducted unless a complaint against the officer
14is filed within 180 days after the alleged action occurred. If
15a formal administrative investigation of an officer results
16in the removal, discharge, suspension, or disciplinary action
17against the officer, any punitive action shall be held in
18abeyance until the conclusion of any appeal or grievance
19exercised by the officer.
20ELUDING LAW ENFORCEMENT — PENALTIES. The bill provides
21that a driver of a motor vehicle who willfully fails to bring
22the vehicle to a stop or otherwise eludes a marked or unmarked
23official law enforcement vehicle driven by a peace officer
24after being given a visual and audible signal to stop is guilty
25of an aggravated misdemeanor in violation of Code section
26321.279(1). A driver who commits a subsequent violation of
27Code section 321.279(1) is guilty of a class “D” felony. The
28driver also commits a class “D” felony if the driver willfully
29fails to bring the motor vehicle to a stop or otherwise eludes
30a marked or unmarked official law enforcement vehicle and in
31doing so exceeds the speed limit by 25 miles per hour or more
32after being given a visual signal to stop in violation of
33Code section 321.279(2). A driver who commits a subsequent
34violation under Code section 321.279(2) or (3) is guilty of a
35class “C” or “B” felony. A driver of a motor vehicle commits
-15-1a class “C” felony if the driver willfully fails to bring the
2motor vehicle to a stop or otherwise eludes or attempts to
3elude a marked or unmarked official law enforcement vehicle
4that is driven by a peace officer after being given a visual
5and audible signal to stop, and in doing so results in bodily
6injury to a person other than the driver. The driver who
7commits a subsequent violation is guilty of a class “B” felony.
8The bill provides that a person commits a class “B” felony
9when the person unintentionally causes the death of another
10when eluding or attempting to elude a pursuing law enforcement
11vehicle in violation of Code section 321.279, if the death
12of the person results from the violation. A person commits
13a class “C” felony when the person unintentionally causes
14serious injury, as defined in Code section 702.18, by eluding
15or attempting to elude a pursuing law enforcement vehicle in
16violation of Code section 321.279.
17An aggravated misdemeanor is punishable by confinement for
18no more than two years and a fine of at least $855 but not more
19than $8,540. A class “D” felony is punishable by confinement
20for no more than five years and a fine of at least $1,025
21but not more than $10,245. A class “C” felony is punishable
22by confinement for no more than 10 years and a fine of at
23least $1,370 but not more than $13,660. A class “B” felony is
24punishable by confinement for no more than 25 years.
25The bill allows a law enforcement agency to retain
26possession of a vehicle suspected to have been operated by a
27person eluding or attempting to elude a law enforcement vehicle
28until final disposition of any criminal proceeding related
29to the violation if the person was a registered owner of the
30vehicle at the time of the suspected violation.
31PEACE OFFICER — DUTY TO CARRY FIREARM. The bill requires a
32peace officer to carry a firearm at all times while engaged in
33the performance of official duties.
-16-cm/rh
2access, and the enforcement of public records violations,
3and uniform commercial code filings; certain employment
4matters including benefits, workers’ compensation, civil
5actions, and civil immunity; and law enforcement including
6law enforcement officer rights, eluding law enforcement, and
7carrying firearms; and providing penalties.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC RECORDS — CONFIDENTIALITY — CIVIL ENFORCEMENT
3 Section 1. Section 9E.1, Code 2021, is amended to read as
4follows:
59E.1 Purpose.
6The general assembly finds that individuals attempting to
7escape from actual or threatened domestic abuse, domestic
8abuse assault, sexual abuse, assault, stalking, or human
9trafficking frequently establish new addresses in order to
10prevent their assailants or probable assailants from finding
11them. The purpose of this chapter is to enable state and local
12agencies to respond to requests for data without disclosing
13the location of a victim of domestic abuse, domestic abuse
14assault, sexual abuse, assault, stalking, or human trafficking;
15to enable interagency cooperation with the secretary of state
16in providing address confidentiality for victims of domestic
17abuse, domestic abuse assault, sexual abuse, assault, stalking,
18or human trafficking; and to enable program participants to use
19an address designated by the secretary of state as a substitute
20mailing address for the purposes specified in this chapter.
21In addition, the purpose of this chapter is to prevent such
22victims from being physically located through a public records
23search.
24 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021,
25is amended to read as follows:
26a. “Eligible person” means a person who is all a resident of
27this state, an adult, a minor, or an incapacitated person as
28defined in section 633.701, and is one of the following:
29(1) A resident of this state.
30(2) An adult, a minor, or an incapacitated person as defined
31in section 633.701.
32(3) A victim of domestic abuse, domestic abuse assault,
33sexual abuse, assault, stalking, or human trafficking as
34evidenced by the filing of a petition pursuant to section 236.3
35or a criminal complaint or information pursuant to section
-1- 1708.1, 708.2A, 708.11, or 710A.2, or any violation contained
2in chapter 709.
3(2) A currently active or retired state or local judicial
4officer, as defined in section 4.1, or a spouse or child of
5such a person.
6(3) A currently active or retired state or local prosecuting
7attorney, as defined in section 801.4, or a spouse or child of
8such a person.
9(4) A currently active or retired peace officer, as defined
10in section 801.4, or a spouse or child of such a person.
11 Sec. 3. Section 9E.3, subsection 1, paragraph b,
12subparagraph (1), subparagraph division (a), Code 2021, is
13amended to read as follows:
14(a) The eligible person listed on the application is a
15victim of domestic abuse, domestic abuse assault, sexual abuse,
16assault, stalking, or human trafficking.
17 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021,
18is amended to read as follows:
19e. The residential address of the eligible person,
20disclosure of which could lead to an increased risk of domestic
21abuse, domestic abuse assault, sexual abuse, assault, stalking,
22or human trafficking.
23 Sec. 5. Section 22.10, subsection 3, paragraph b,
24subparagraph (2), Code 2021, is amended to read as follows:
25(2) Had good reason to believe and in good faith believed
26facts which, if true, would have indicated compliance with
27the requirements of this chapter. For purposes of this
28subparagraph, “good reason to believe and in good faith believed”
29 means the person engaged in a balancing test in weighing the
30individual privacy interest against the public’s need to access
31the record based upon a reasonable reliance on the facts.
32DIVISION II
33UNIFORM COMMERCIAL CODE — FRAUDULENT FILINGS
34 Sec. 6. Section 554.9516, Code 2021, is amended by adding
35the following new subsection:
-2-1 NEW SUBSECTION. 5. Fraudulent filings.
2a. The filing office may refuse to accept a financing
3statement that it determines is not created pursuant to the
4uniform commercial code, or is otherwise intended for an
5improper purpose, such as to hinder, harass, or otherwise
6wrongfully interfere with any person. The filing office may
7also refuse to accept a financing statement that names the same
8person as both debtor and secured party, describes collateral
9not within the scope of applicable law, or is being filed for
10a purpose other than a transaction within the scope of the
11uniform commercial code.
12b. If the filing office becomes aware that a financing
13statement or other record was not created pursuant to the
14uniform commercial code, or was otherwise intended for an
15improper purpose, such as to hinder, harass, or otherwise
16wrongfully interfere with any person, the filing office
17shall review the record and relevant circumstances and, if it
18determines that the record was wrongfully filed, the record
19shall be deemed void and ineffective; and the filing office
20shall remove the record from the index and communicate the
21foregoing to the person that presented the wrongfully filed
22record and to other persons, as appropriate.
23DIVISION III
24ACCRUED SICK LEAVE — RETIRED PUBLIC SAFETY EMPLOYEES
25 Sec. 7. NEW SECTION. 70A.23A Credit for accrued sick leave
26— public safety employees.
27A public safety employee, as defined by section 20.3,
28subsection 11, who retires and has applied for retirement
29benefits under an eligible retirement system, shall receive
30credit for all accumulated, unused sick leave which shall be
31converted at current value and credited to an account for the
32public safety employee for the purpose of paying the public
33safety employee’s cost of the monthly premiums for continuance
34of the public safety employee’s health insurance plan. Upon
35the death of a retired public safety employee, the spouse
-3-1or surviving spouse shall be entitled to the value of the
2accumulated unused sick leave for the purpose of paying the
3cost of monthly premiums for continuation of a public safety
4employee’s health insurance policy for the public safety
5employee’s surviving spouse or dependents. This subsection
6shall not apply to sections 509A.13 and 509A.13A.
7DIVISION IV
8WORKERS’ COMPENSATION — ACTIONS AND OFFSETS
9 Sec. 8. Section 85.26, subsection 1, Code 2021, is amended
10to read as follows:
111. An original proceeding for benefits under this chapter
12or chapter 85A, 85B, or 86, shall not be maintained in any
13contested case unless the proceeding is commenced within two
14years from the date of the occurrence of the injury for which
15benefits are claimed or one year from the date a denial of
16liability is received by the employee, whichever is later,
17 or, if weekly compensation benefits are paid under section
1886.13, within three years from the date of the last payment
19of weekly compensation benefits. For the purposes of this
20section, “date of the occurrence of the injury” means the date
21that the employee knew or should have known that the injury was
22work-related.
23 Sec. 9. Section 97B.50A, subsection 5, Code 2021, is amended
24to read as follows:
255. Offset to allowance.
26a. Notwithstanding any provisions to the contrary in state
27law, or any applicable contract or policy, any amounts which
28may be paid or payable by the employer under any workers’
29compensation, unemployment compensation, employer-paid
30disability plan, program, or policy, or other law to a member,
31and any disability payments the member receives pursuant to
32the federal Social Security Act, 42 U.S.C. §423 et seq.,
33shall be offset against and payable in lieu of any retirement
34allowance payable pursuant to this section on account of the
35same disability.
-4- 1b. Notwithstanding paragraph “a”, any workers’ compensation
2benefits received by a member for past medical expenses or
3future medical expenses shall not be offset against and not
4considered payable in lieu of any retirement allowance payable
5pursuant to this section on account of the same disability.
6c. Notwithstanding paragraph “a”, any workers’ compensation
7benefits received by a member for reimbursement of vacation
8time used, sick time used, or for any unpaid time off from work
9shall not be offset against and not considered payable in lieu
10of any retirement allowance payable pursuant to this section on
11account of the same disability.
12DIVISION V
13CIVIL SERVICE COMMISSION EXAMINATIONS
14 Sec. 10. Section 400.8, subsection 2, Code 2021, is amended
15to read as follows:
162. The commission shall establish the guidelines for
17conducting the examinations under subsection 1 of this section.
18It may prepare and administer the examinations or may The
19commission shall hire persons with expertise to do so if the
20commission approves the examinations prepare and administer
21the examinations approved by the commission. It may also
22hire persons with expertise to consult in the preparation of
23such examinations if the persons so hired are employed to aid
24personnel of the commission in assuring that a fair examination
25is conducted. A fair examination shall explore the competence
26of the applicant in the particular field of examination.
27 Sec. 11. Section 400.9, subsection 2, Code 2021, is amended
28to read as follows:
292. The commission shall establish guidelines for conducting
30the examinations under subsection 1. It may prepare and
31administer the examinations or may The commission shall hire
32persons with expertise to do so if the commission approves
33the examinations and if the examinations apply to prepare and
34administer the examinations approved by the commission for
35 the position in the city for which the applicant is taking
-5-1the examination. It may also hire persons with expertise to
2consult in the preparation of such examinations if the persons
3so hired are employed to aid personnel of the commission
4in assuring that a fair examination is conducted. A fair
5examination shall explore the competence of the applicant in
6the particular field of examination. The names of persons
7approved to administer any examination under this section shall
8be posted in the city hall at least twenty-four hours prior to
9the examination.
10DIVISION VI
11STATE AND MUNICIPAL TORT CLAIMS
12 Sec. 12. Section 669.14, Code 2021, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 1A. Any claim based upon an act or omission
15of an employee of the state, exercising due care, in the
16execution of or enforcement of any law.
17 Sec. 13. Section 670.2, Code 2021, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4. An employee is not personally liable
20for a claim based upon an act or omission of the person taken
21in execution or enforcement of any law except for acts or
22omissions which involve intentional misconduct or knowing
23violations of the law.
24 Sec. 14. Section 670.7, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 5. The governing body of a municipality
27shall purchase and maintain insurance or join a local
28government risk pool pursuant to this section for claims for
29punitive damages in tort actions for wrongful death, excessive
30force, and arrest filed without probable cause against its
31law enforcement and public safety officers, employees, and
32volunteers, whether elected or appointed, arising out of an
33alleged act or omission occurring within the scope of such
34a person’s employment or duties. The governing body may
35purchase and maintain insurance or join a local government
-6-1risk pool for claims for punitive damages against its law
2enforcement and public safety officers, employees, and persons
3who do not receive compensation for their services for other
4tort actions. This subsection does not waive a defense of
5governmental immunity to any claim or action brought against a
6law enforcement or public safety officer, employee, or a person
7who does not receive compensation for their services.
8DIVISION VII
9LAW ENFORCEMENT — OFFICER RIGHTS — ELUDING LAW ENFORCEMENT —
10CARRYING FIREARMS
11 Sec. 15. Section 80F.1, Code 2021, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 2A. A formal administrative investigation,
14informal inquiry, or interview under this chapter shall not be
15conducted unless a complaint is filed within one hundred eighty
16days after the alleged action occurred.
17 Sec. 16. Section 80F.1, subsections 13 and 19, Code 2021,
18are amended to read as follows:
1913. An officer shall have the right to pursue civil remedies
20under the law against a citizen arising from the filing of a
21false complaint against the officer In addition to any other
22remedies available, an officer shall have the right to pursue
23civil remedies under the law against any person, group of
24persons, employer, organization, or corporation for damages
25arising from the filing of a false complaint or any other
26violation of this chapter including but not limited to actual
27damages, court costs, and reasonable attorney fees.
2819. If a formal administrative investigation results in
29removal, discharge, suspension, or disciplinary action against
30an officer, and the officer alleges in writing a violation of
31the provisions of this section, the municipality, county, or
32state agency employing the officer shall hold in abeyance for
33a period of ten days any punitive action taken as a result of
34the investigation, including a reprimand, until the conclusion
35of any appeal or grievance exercised by the officer. An
-7-1allegation of a violation of this section may be raised and
2given due consideration in any properly authorized grievance
3or appeal exercised by an officer, including but not limited
4to a grievance or appeal exercised pursuant to the terms of an
5applicable collective bargaining agreement and an appeal right
6exercised under section 341A.12 or 400.20.
7 Sec. 17. Section 321.279, Code 2021, is amended to read as
8follows:
9321.279 Eluding or attempting to elude pursuing law
10enforcement vehicle.
111. a. The driver of a motor vehicle commits a serious an
12aggravated misdemeanor if the driver willfully fails to bring
13the motor vehicle to a stop or otherwise eludes or attempts to
14elude a marked or unmarked official law enforcement vehicle
15driven by a uniformed peace officer after being given a visual
16and audible signal to stop. The signal given by the peace
17officer shall be by flashing red light, or by flashing red and
18blue lights, and siren. For purposes of this section, “peace
19officer” means those officers designated under section 801.4,
20subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
21b. The driver of a motor vehicle who commits a second or
22subsequent violation under this subsection is, upon conviction,
23guilty of an aggravated misdemeanor a class “D” felony.
242. a. The driver of a motor vehicle commits an aggravated
25misdemeanor a class “D” felony if the driver willfully fails
26to bring the motor vehicle to a stop or otherwise eludes or
27attempts to elude a marked or unmarked official law enforcement
28vehicle that is driven by a uniformed peace officer after being
29given a visual and audible signal as provided in this section
30and in doing so exceeds the speed limit by twenty-five miles
31per hour or more.
32b. (1) The driver of a motor vehicle who commits a
33violation under this subsection and who has previously
34committed a violation under this subsection or subsection 3,
35paragraph “a”, is, upon conviction, guilty of a class “D” “C”
-8-1 felony.
2(2) The driver of a motor vehicle who commits a violation
3under this subsection and who has previously committed a
4violation under subsection 3, paragraph “b”, commits a class “B”
5felony.
63. a. The driver of a motor vehicle commits a class “D”
7felony if the driver willfully fails to bring the motor vehicle
8to a stop or otherwise eludes or attempts to elude a marked or
9unmarked official law enforcement vehicle that is driven by a
10uniformed peace officer after being given a visual and audible
11signal as provided in this section, and in doing so exceeds the
12speed limit by twenty-five miles per hour or more, and if any
13of the following occurs:
14(1) The driver is participating in a public offense, as
15defined in section 702.13, that is a felony.
16(2) The driver is in violation of section 321J.2.
17(3) The driver is in violation of section 124.401.
18(4) The offense results in bodily injury to a person other
19than the driver.
20b. The driver of a motor vehicle commits a class “C” felony
21if the driver willfully fails to bring the motor vehicle to
22a stop or otherwise eludes or attempts to elude a marked or
23unmarked official law enforcement vehicle that is driven by a
24peace officer after being given a visual and audible signal as
25provided in this section, and in doing so the offense results
26in bodily injury to a person other than the driver.
27b. c. (1) The driver of a motor vehicle who commits a
28second or subsequent violation under this subsection paragraph
29“a” is, upon conviction, guilty of a class “C” felony.
30(2) The driver of a motor vehicle who commits a second or
31subsequent violation under paragraph “b” is, upon conviction,
32guilty of a class “B” felony.
334. Notwithstanding section 809.5 or any other provision
34of law to the contrary, a law enforcement agency may retain
35possession of a motor vehicle suspected to have been
-9-1operated by a person in violation of this section until final
2disposition of any criminal proceeding related to the violation
3if the person was a registered owner of the vehicle at the time
4of the suspected violation.
5 Sec. 18. Section 707.6A, subsections 2 and 4, Code 2021, are
6amended to read as follows:
72. a. A person commits a class “C” felony when the person
8unintentionally causes the death of another by any of the
9following means:
10a. Driving driving a motor vehicle in a reckless manner
11with willful or wanton disregard for the safety of persons or
12property, in violation of section 321.277.
13(1) For the purposes of this paragraph “a”, a person’s use
14of a hand-held electronic communication device to write, send,
15or view an electronic message while driving a motor vehicle
16shall be considered prima facie evidence that the person was
17driving the motor vehicle in a reckless manner with willful
18or wanton disregard for the safety of persons or property, in
19violation of section 321.277.
20(2) Subparagraph (1) shall not apply to any of the
21following:
22(a) A member of a public safety agency, as defined in
23section 34.1, performing official duties.
24(b) A health care professional in the course of an emergency
25situation.
26(c) A person receiving safety-related information including
27emergency, traffic, or weather alerts.
28(3) For the purposes of this paragraph “a”, the following
29definitions apply:
30(a) “Electronic message” includes images visible on the
31screen of a hand-held electronic communication device including
32a text-based message, an instant message, a portion of
33electronic mail, an internet site, a social media application,
34or a game.
35(b) “Hand-held electronic communication device” means a
-10-1mobile telephone or other portable electronic communication
2device capable of being used to write, send, or view an
3electronic message. “Hand-held electronic communication device”
4does not include a voice-operated or hands-free device which
5allows the user to write, send, or view an electronic message
6without the use of either hand except to activate or deactivate
7a feature or function. “Hand-held electronic communication
8device” does not include a wireless communication device used to
9transmit or receive data as part of a digital dispatch system.
10“Hand-held electronic communication device” includes a device
11which is temporarily mounted inside the motor vehicle, unless
12the device is a voice-operated or hands-free device.
13(c) The terms “write”, “send”, and “view”, with respect to
14an electronic message, mean the manual entry, transmission,
15or retrieval of an electronic message, and include playing,
16browsing, or accessing an electronic message.
17b. Eluding A person commits a class “B” felony when the
18person unintentionally causes the death of another by eluding
19 or attempting to elude a pursuing law enforcement vehicle, in
20violation of section 321.279, if the death of the other person
21directly or indirectly results from the violation.
224. A person commits a class “D” felony when the person
23unintentionally causes a serious injury, as defined in section
24702.18, by any of the means described in subsection 1 or 2,
25paragraph “a”. A person commits a class “C” felony when the
26person unintentionally causes a serious injury by any means
27described in subsection 2, paragraph “b”. For purposes of this
28subsection, “serious injury” means as defined in section 702.18.
29 Sec. 19. NEW SECTION. 724.4D Duty to carry firearm — peace
30officers.
31A peace officer shall carry a firearm at all times while
32engaged in the performance of official duties.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-11- 1This bill relates to public records including
2confidentiality, access, and the enforcement of public
3records violations, and uniform commercial code filings;
4certain employment matters including benefits, workers’
5compensation, civil actions, and civil immunity; and law
6enforcement including law enforcement officer rights, eluding
7law enforcement, and carrying weapons; and provides penalties.
8DIVISION I — PUBLIC RECORDS.
9ADDRESS CONFIDENTIALITY PROGRAM. The bill includes
10individuals who are attempting to escape from actual
11or threatened assault to be included in the address
12confidentiality program pursuant to Code chapter 9E. The
13bill expands the definition of “eligible person” to include a
14resident of this state, an adult, a minor, or an incapacitated
15person as defined in Code section 633.701, who is a victim
16of an assault; an active or retired state or local judicial
17officer, or a spouse or child of such a person; an active or
18retired state or local prosecuting attorney, or a spouse or
19child of such a person; or an active or retired peace officer,
20or a spouse or child of such a person.
21PUBLIC RECORDS VIOLATIONS. Under current law, a person
22found by a court to be in violation of the Iowa open records law
23(Code chapter 22) shall not be assessed damages if the person
24proves the person had good reason to believe and in good faith
25believed facts, which, if true, would have indicated compliance
26with the open records law. The bill defines “good reason to
27believe and in good faith believed” to mean the person engaged
28in a balancing test in weighing the individual privacy interest
29against the public’s need to access the record based upon the
30facts.
31DIVISION II — FRAUDULENT FILINGS — UNIFORM COMMERCIAL
32CODE. The bill provides that a filing office may refuse to
33accept a financing statement that is determined to not have
34been created pursuant to the UCC, is intended for an improper
35purpose, names the same person as both the debtor and the
-12-1secured party, describes collateral not within the scope
2of applicable law, or is filed for a purpose other than a
3transaction within the scope of the UCC. If the filing office
4becomes aware that a financial statement or other record was
5not created pursuant to the UCC or was intended for an improper
6purpose, the filing office shall review the record and relevant
7circumstance, and determine if the record was wrongfully filed.
8If the record is wrongfully filed, it shall be deemed void and
9ineffective and the filing office shall remove the record from
10the index and communicate that to the person who filed the
11record and to other persons, as appropriate.
12DIVISION III — PUBLIC SAFETY EMPLOYEES — ACCRUED SICK
13LEAVE UPON RETIREMENT. The bill provides that a public safety
14employee who retires and has applied for retirement benefits
15under an eligible retirement system shall receive credit for
16all accumulated, unused sick leave which shall be converted at
17a current value and credited to an account for the employee for
18the purpose of paying the employee’s cost of monthly premiums
19of a health insurance plan. Upon the death of a retired
20public safety employee, the spouse or surviving spouse shall
21be entitled to the same benefits. This Code section does
22not apply to employees pursuant to Code sections 509A.13 and
23509A.13A.
24Current law provides that an original proceeding regarding
25a contest of liability for workers’ compensation benefits can
26be maintained if commenced within two years from the date of
27the occurrence of the injury for which benefits are claimed.
28The bill provides that such a proceeding can be maintained if
29commenced within that period or within one year from the date a
30denial of liability is received by the employee, whichever is
31later.
32DIVISION IV — WORKERS’ COMPENSATION — ACTIONS AND
33OFFSETS. The bill provides that any workers’ compensation
34benefits received by a member for past medical expenses or
35future medical expenses, or any workers’ compensation benefits
-13-1received by a member for reimbursement of vacation time used,
2sick time used, or for any unpaid time off from work, shall not
3be offset against and not considered payable in lieu of any
4retirement allowance payable under the Iowa public employees’
5retirement system on account of the same disability.
6DIVISION V — CIVIL SERVICE COMMISSION EXAMINATIONS.
7 The bill provides that the civil service commission shall
8hire persons with expertise to prepare and administer the
9examinations approved by the commission for entrance and
10promotional examinations. Under current law, the civil service
11commission may hire a person with expertise to prepare and
12administer entrance and promotional examinations approved by
13the commission.
14DIVISION VI — STATE AND MUNICIPAL TORT CLAIMS. The bill
15provides tort immunity for state employees and employees of
16governmental subdivisions for any claim arising out of an act
17or omission of the employee in the execution of or enforcement
18of any law unless the employee’s act constitutes a willful and
19wanton act or omission in office. The bill also provides that
20an employee is not personally liable for a claim arising out of
21an act of the employee taken in execution or enforcement of any
22law unless the act constitutes willful and wanton misconduct.
23The bill provides that the governing body of a municipality
24shall purchase and maintain insurance or join a local
25government risk pool for claims for punitive damages in tort
26actions against its law enforcement and public safety officers,
27employees, and volunteers, whether elected or appointed,
28arising out of an alleged act or omission occurring within the
29scope of such a person’s employment or duties. The governing
30body may purchase and maintain insurance or join a local
31government risk pool for claims for punitive damages against
32its law enforcement and public safety officers, employees, and
33volunteers for other tort actions. The bill does not waive a
34defense of governmental immunity to any claim or action brought
35against a law enforcement or public safety officer, employee,
-14-1or volunteer.
2DIVISION VII — LAW ENFORCEMENT.
3PEACE OFFICER BILL OF RIGHTS. The bill provides that, in
4addition to any other remedies available, an officer as defined
5in Code section 80F.1 shall have the right to pursue civil
6remedies under the law against any person, group of persons,
7employer, organization, or corporation for damages arising
8from a false complaint, or any other violation of Code chapter
980F (peace officers and public safety and emergency personnel)
10including actual damages, court costs, and reasonable
11attorney fees. The bill provides that a formal administrative
12investigation, informal inquiry, or interview of an officer
13shall not be conducted unless a complaint against the officer
14is filed within 180 days after the alleged action occurred. If
15a formal administrative investigation of an officer results
16in the removal, discharge, suspension, or disciplinary action
17against the officer, any punitive action shall be held in
18abeyance until the conclusion of any appeal or grievance
19exercised by the officer.
20ELUDING LAW ENFORCEMENT — PENALTIES. The bill provides
21that a driver of a motor vehicle who willfully fails to bring
22the vehicle to a stop or otherwise eludes a marked or unmarked
23official law enforcement vehicle driven by a peace officer
24after being given a visual and audible signal to stop is guilty
25of an aggravated misdemeanor in violation of Code section
26321.279(1). A driver who commits a subsequent violation of
27Code section 321.279(1) is guilty of a class “D” felony. The
28driver also commits a class “D” felony if the driver willfully
29fails to bring the motor vehicle to a stop or otherwise eludes
30a marked or unmarked official law enforcement vehicle and in
31doing so exceeds the speed limit by 25 miles per hour or more
32after being given a visual signal to stop in violation of
33Code section 321.279(2). A driver who commits a subsequent
34violation under Code section 321.279(2) or (3) is guilty of a
35class “C” or “B” felony. A driver of a motor vehicle commits
-15-1a class “C” felony if the driver willfully fails to bring the
2motor vehicle to a stop or otherwise eludes or attempts to
3elude a marked or unmarked official law enforcement vehicle
4that is driven by a peace officer after being given a visual
5and audible signal to stop, and in doing so results in bodily
6injury to a person other than the driver. The driver who
7commits a subsequent violation is guilty of a class “B” felony.
8The bill provides that a person commits a class “B” felony
9when the person unintentionally causes the death of another
10when eluding or attempting to elude a pursuing law enforcement
11vehicle in violation of Code section 321.279, if the death
12of the person results from the violation. A person commits
13a class “C” felony when the person unintentionally causes
14serious injury, as defined in Code section 702.18, by eluding
15or attempting to elude a pursuing law enforcement vehicle in
16violation of Code section 321.279.
17An aggravated misdemeanor is punishable by confinement for
18no more than two years and a fine of at least $855 but not more
19than $8,540. A class “D” felony is punishable by confinement
20for no more than five years and a fine of at least $1,025
21but not more than $10,245. A class “C” felony is punishable
22by confinement for no more than 10 years and a fine of at
23least $1,370 but not more than $13,660. A class “B” felony is
24punishable by confinement for no more than 25 years.
25The bill allows a law enforcement agency to retain
26possession of a vehicle suspected to have been operated by a
27person eluding or attempting to elude a law enforcement vehicle
28until final disposition of any criminal proceeding related
29to the violation if the person was a registered owner of the
30vehicle at the time of the suspected violation.
31PEACE OFFICER — DUTY TO CARRY FIREARM. The bill requires a
32peace officer to carry a firearm at all times while engaged in
33the performance of official duties.
-16-cm/rh