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Senate File 476 - ReprintedA Bill ForAn Act 1relating to qualified immunity, the peace officer,
2public safety, and emergency personnel bill of rights,
3uniform commercial code filings, and protected information
4of law enforcement officers and state or federal judicial
5officers and prosecutors, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Qualified Immunity
3 Section 1. NEW SECTION. 669.14A Qualified immunity.
41. Notwithstanding any other provision of law, an employee
5of the state subject to a claim brought under this chapter
6shall not be liable for monetary damages if any of the
7following apply:
8a. The right, privilege, or immunity secured by law was not
9clearly established at the time of the alleged deprivation,
10or at the time of the alleged deprivation the state of the
11law was not sufficiently clear that every reasonable employee
12would have understood that the conduct alleged constituted a
13violation of law.
14b. A court of competent jurisdiction has issued a final
15decision on the merits holding, without reversal, vacatur, or
16preemption, that the specific conduct alleged to be unlawful
17was consistent with the law.
182. The state or a state agency shall not be liable for
19any claim brought under this chapter where the employee
20was determined to be protected by qualified immunity under
21subsection 1.
223. A plaintiff who brings a claim under this chapter
23alleging a violation of the law must state with particularity
24the circumstances constituting the violation and that the law
25was clearly established at the time of the alleged violation.
26Failure to plead a plausible violation or failure to plead that
27the law was clearly established at the time of the alleged
28violation shall result in dismissal with prejudice.
294. Any decision by the district court denying qualified
30immunity shall be immediately appealable.
315. This section shall apply in addition to any other
32statutory or common law immunity.
33 Sec. 2. NEW SECTION. 669.26 Money damages — nonwaiver of
34rights.
35This chapter shall not be construed to be a waiver of
-1-1sovereign immunity for a claim for money damages under the
2Constitution of the State of Iowa.
3 Sec. 3. NEW SECTION. 670.4A Qualified immunity.
41. Notwithstanding any other provision of law, an employee
5or officer subject to a claim brought under this chapter shall
6not be liable for monetary damages if any of the following
7apply:
8a. The right, privilege, or immunity secured by law was not
9clearly established at the time of the alleged deprivation,
10or at the time of the alleged deprivation the state of the
11law was not sufficiently clear that every reasonable employee
12would have understood that the conduct alleged constituted a
13violation of law.
14b. A court of competent jurisdiction has issued a final
15decision on the merits holding, without reversal, vacatur, or
16preemption, that the specific conduct alleged to be unlawful
17was consistent with the law.
182. A municipality shall not be liable for any claim brought
19under this chapter where the employee or officer was determined
20to be protected by qualified immunity under subsection 1.
213. A plaintiff who brings a claim under this chapter
22alleging a violation of the law must state with particularity
23the circumstances constituting the violation and that the law
24was clearly established at the time of the alleged violation.
25Failure to plead a plausible violation or failure to plead that
26the law was clearly established at the time of the alleged
27violation shall result in dismissal with prejudice.
284. Any decision by the district court denying qualified
29immunity shall be immediately appealable.
305. This section shall apply in addition to any other
31statutory or common law immunity.
32 Sec. 4. NEW SECTION. 670.14 Money damages — nonwaiver of
33rights.
34This chapter shall not be construed to be a waiver of
35sovereign immunity for a claim for money damages under the
-2-1Constitution of the State of Iowa.
2 Sec. 5. EFFECTIVE DATE. This division of this Act, being
3deemed of immediate importance, takes effect upon enactment.
4DIVISION II
5peace officer, public safety, and emergency personnel bill of
6rights
7 Sec. 6. Section 80F.1, subsection 1, paragraph a, Code 2021,
8is amended to read as follows:
9a. “Complaint” means a formal written allegation signed
10by the complainant or a signed written statement by an
11officer receiving an oral complaint stating the complainant’s
12allegation.
13 Sec. 7. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
14Code 2021, are amended to read as follows:
153. a. A formal administrative investigation of an officer
16shall be commenced and completed in a reasonable period of
17time and an. An officer shall be immediately notified in
18writing of the preliminary results of the investigation when
19the investigation is completed and any recommendations for the
20disposition of the complaint and discipline.
21b. Upon initiating a formal administrative investigation
22of an officer, the investigating agency shall promptly serve
23the officer under investigation with written notice of the
24complaint, shall inform the officer of the officer’s right to
25counsel, and shall provide the officer with a copy of the peace
26officer bill of rights. The notice shall include the names of
27all of the complainants, the alleged date of the occurrence
28giving rise to the complaint, a summary of the factual
29allegations against the officer, and the name and rank or title
30of the investigator in charge of the formal administrative
31investigation.
325. a. An officer who is the subject of a complaint, shall
33at a minimum, be provided a written summary of the complaint
34prior to an interview. If a collective bargaining agreement
35applies, the complaint or written summary shall be provided
-3-1pursuant to the procedures established under the collective
2bargaining agreement. If the complaint alleges domestic abuse,
3sexual abuse, or sexual harassment, an officer shall not
4receive more than a written summary of the complaint.
5b. Upon written request of the officer or the officer’s
6legal counsel, the employing agency shall provide to the
7officer or the officer’s legal counsel a complete copy of the
8officer’s incident reports and the officer’s video or audio
9recordings from the incident giving rise to the complaint
10without unnecessary delay prior to an interview of the officer.
118. a. The officer shall have the right to have the
12assistance of legal counsel present, at the officer’s expense,
13during the interview of the officer, during hearings, or during
14other disciplinary or administrative proceedings related to the
15complaint. In addition, the officer shall have the right, at
16the officer’s expense, to have a union representative present
17during the interview or, if not a member of a union, the
18officer shall have the right to have a designee present.
19b. The officer’s legal counsel, union representative, or
20employee representative shall not be compelled to disclose in
21any judicial proceeding, nor be subject to any investigation
22or punitive action for refusing to disclose, any information
23received from the officer under investigation or from an agent
24of the officer. The officer and the officer’s legal counsel
25may coordinate and communicate in confidence with the officer’s
26designated union representative or employee representative,
27and the communications are not subject to discovery in any
28proceeding.
299. If a formal administrative investigation results in
30the removal, discharge, or suspension, or other disciplinary
31action against an officer, copies of any witness statements
32and the complete investigative agency’s report shall be timely
33provided to the officer upon the request of the officer or the
34officer’s legal counsel upon request at the completion of the
35investigation.
-4- 113. An In addition to any other remedies available, an
2 officer shall have the right to pursue civil remedies under the
3law against a citizen any person, group of persons, employer,
4organization, or corporation for damages arising from the
5filing of a false complaint against the officer or any other
6violation of this chapter including but not limited to actual
7damages, court costs, and reasonable attorney fees.
818. A municipality, county, or state agency employing
9an officer shall not publicly release the officer’s official
10photograph without the written permission of the officer or
11without a request to release pursuant to chapter 22. An
12officer’s personal information including but not limited to the
13officer’s home address, personal telephone number, personal
14electronic mail address, date of birth, social security number,
15and driver’s license number shall be confidential and shall be
16redacted from any record prior to the record’s release to the
17public by the employing agency. Nothing in this subsection
18prohibits the release of an officer’s photograph or unredacted
19personal information to the officer’s legal counsel, union
20representative, or designated employee representative upon the
21officer’s request.
22 Sec. 8. Section 80F.1, Code 2021, is amended by adding the
23following new subsections:
24 NEW SUBSECTION. 20. The employing agency shall keep
25an officer’s statement, recordings, or transcripts of any
26interviews or disciplinary proceedings, and any complaints
27made against an officer confidential unless otherwise provided
28by law or with the officer’s written consent. Nothing in
29this section prohibits the release of an officer’s statement,
30recordings, or transcripts of any interviews or disciplinary
31proceedings, and any complaints made against an officer to
32the officer or the officer’s legal counsel upon the officer’s
33request.
34 NEW SUBSECTION. 21. An agency employing full-time or
35part-time officers shall provide training to any officer or
-5-1supervisor who performs or supervises an investigation under
2this section, and shall maintain documentation of any training
3related to this section. The Iowa law enforcement academy
4shall adopt minimum training standards not inconsistent with
5this subsection, including training standards concerning
6interviewing an officer subject to a complaint.
7 NEW SUBSECTION. 22. Upon request, the employing agency
8shall provide to the requesting officer or the officer’s legal
9counsel a copy of the officer’s personnel file and training
10records regardless of whether the officer is subject to a
11formal administrative investigation at the time of the request.
12DIVISION III
13UNIFORM COMMERCIAL CODE FILINGS
14 Sec. 9. Section 554.9516, Code 2021, is amended by adding
15the following new subsection:
16 NEW SUBSECTION. 5. Fraudulent filings.
17a. The filing office may refuse to accept a financing
18statement that it determines is not created pursuant to the
19uniform commercial code, or is otherwise intended for an
20improper purpose, such as to hinder, harass, or otherwise
21wrongfully interfere with any person. The filing office may
22also refuse to accept a financing statement that names the same
23person as both debtor and secured party, describes collateral
24not within the scope of applicable law, or is being filed for
25a purpose other than a transaction within the scope of the
26uniform commercial code.
27b. If the filing office becomes aware that a financing
28statement or other record was not created pursuant to the
29uniform commercial code, or was otherwise intended for an
30improper purpose, such as to hinder, harass, or otherwise
31wrongfully interfere with any person, the filing office
32shall review the record and relevant circumstances and, if it
33determines that the record was wrongfully filed, the record
34shall be deemed void and ineffective; and the filing office
35shall remove the record from the index and communicate the
-6-1foregoing to the person that presented the wrongfully filed
2record and to other persons, as appropriate.
3DIVISION IV
4Protected information
5 Sec. 10. Section 331.604, subsection 3, Code 2021, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. f. Upon request by a law enforcement
8officer, as defined in section 80B.3, or state or federal
9judicial officer or state or federal prosecutor, the recorder
10or the recorder’s staff shall redact the requestor’s name
11contained in electronic documents that are displayed for public
12access through an internet site. This paragraph does not apply
13to a requestor holding or seeking public office. The recorder
14shall implement and maintain a process to facilitate these
15requests. A fee shall not be charged for the administration
16of this paragraph.
17 Sec. 11. Section 622.10, subsection 9, paragraphs a and b,
18Code 2021, are amended to read as follows:
19a. A peer support group counselor or individual present
20for a group crisis intervention who obtains information from
21an officer or a civilian employee of a law enforcement agency
22or fire department by reason of the counselor’s capacity as a
23peer support group counselor or an individual’s presence for
24a group crisis intervention shall not be allowed, in giving
25testimony, to disclose any confidential communication properly
26entrusted to the counselor or individual present for a group
27crisis intervention by the officer or civilian employee while
28receiving counseling or group crisis intervention.
29b. The prohibition in this subsection does not apply
30where the officer or civilian employee has consented to the
31disclosure of the information specified in paragraph “a” or
32where the peer support group counselor or individual present
33for a group crisis intervention was an initial responding
34officer, a witness, or a party to the incident which prompted
35the delivery of peer support group counseling services or the
-7-1group crisis intervention to the officer or civilian employee.
cm/jh/mb
2public safety, and emergency personnel bill of rights,
3uniform commercial code filings, and protected information
4of law enforcement officers and state or federal judicial
5officers and prosecutors, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Qualified Immunity
3 Section 1. NEW SECTION. 669.14A Qualified immunity.
41. Notwithstanding any other provision of law, an employee
5of the state subject to a claim brought under this chapter
6shall not be liable for monetary damages if any of the
7following apply:
8a. The right, privilege, or immunity secured by law was not
9clearly established at the time of the alleged deprivation,
10or at the time of the alleged deprivation the state of the
11law was not sufficiently clear that every reasonable employee
12would have understood that the conduct alleged constituted a
13violation of law.
14b. A court of competent jurisdiction has issued a final
15decision on the merits holding, without reversal, vacatur, or
16preemption, that the specific conduct alleged to be unlawful
17was consistent with the law.
182. The state or a state agency shall not be liable for
19any claim brought under this chapter where the employee
20was determined to be protected by qualified immunity under
21subsection 1.
223. A plaintiff who brings a claim under this chapter
23alleging a violation of the law must state with particularity
24the circumstances constituting the violation and that the law
25was clearly established at the time of the alleged violation.
26Failure to plead a plausible violation or failure to plead that
27the law was clearly established at the time of the alleged
28violation shall result in dismissal with prejudice.
294. Any decision by the district court denying qualified
30immunity shall be immediately appealable.
315. This section shall apply in addition to any other
32statutory or common law immunity.
33 Sec. 2. NEW SECTION. 669.26 Money damages — nonwaiver of
34rights.
35This chapter shall not be construed to be a waiver of
-1-1sovereign immunity for a claim for money damages under the
2Constitution of the State of Iowa.
3 Sec. 3. NEW SECTION. 670.4A Qualified immunity.
41. Notwithstanding any other provision of law, an employee
5or officer subject to a claim brought under this chapter shall
6not be liable for monetary damages if any of the following
7apply:
8a. The right, privilege, or immunity secured by law was not
9clearly established at the time of the alleged deprivation,
10or at the time of the alleged deprivation the state of the
11law was not sufficiently clear that every reasonable employee
12would have understood that the conduct alleged constituted a
13violation of law.
14b. A court of competent jurisdiction has issued a final
15decision on the merits holding, without reversal, vacatur, or
16preemption, that the specific conduct alleged to be unlawful
17was consistent with the law.
182. A municipality shall not be liable for any claim brought
19under this chapter where the employee or officer was determined
20to be protected by qualified immunity under subsection 1.
213. A plaintiff who brings a claim under this chapter
22alleging a violation of the law must state with particularity
23the circumstances constituting the violation and that the law
24was clearly established at the time of the alleged violation.
25Failure to plead a plausible violation or failure to plead that
26the law was clearly established at the time of the alleged
27violation shall result in dismissal with prejudice.
284. Any decision by the district court denying qualified
29immunity shall be immediately appealable.
305. This section shall apply in addition to any other
31statutory or common law immunity.
32 Sec. 4. NEW SECTION. 670.14 Money damages — nonwaiver of
33rights.
34This chapter shall not be construed to be a waiver of
35sovereign immunity for a claim for money damages under the
-2-1Constitution of the State of Iowa.
2 Sec. 5. EFFECTIVE DATE. This division of this Act, being
3deemed of immediate importance, takes effect upon enactment.
4DIVISION II
5peace officer, public safety, and emergency personnel bill of
6rights
7 Sec. 6. Section 80F.1, subsection 1, paragraph a, Code 2021,
8is amended to read as follows:
9a. “Complaint” means a formal written allegation signed
10by the complainant or a signed written statement by an
11officer receiving an oral complaint stating the complainant’s
12allegation.
13 Sec. 7. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
14Code 2021, are amended to read as follows:
153. a. A formal administrative investigation of an officer
16shall be commenced and completed in a reasonable period of
17time and an. An officer shall be immediately notified in
18writing of the preliminary results of the investigation when
19the investigation is completed and any recommendations for the
20disposition of the complaint and discipline.
21b. Upon initiating a formal administrative investigation
22of an officer, the investigating agency shall promptly serve
23the officer under investigation with written notice of the
24complaint, shall inform the officer of the officer’s right to
25counsel, and shall provide the officer with a copy of the peace
26officer bill of rights. The notice shall include the names of
27all of the complainants, the alleged date of the occurrence
28giving rise to the complaint, a summary of the factual
29allegations against the officer, and the name and rank or title
30of the investigator in charge of the formal administrative
31investigation.
325. a. An officer who is the subject of a complaint, shall
33at a minimum, be provided a written summary of the complaint
34prior to an interview. If a collective bargaining agreement
35applies, the complaint or written summary shall be provided
-3-1pursuant to the procedures established under the collective
2bargaining agreement. If the complaint alleges domestic abuse,
3sexual abuse, or sexual harassment, an officer shall not
4receive more than a written summary of the complaint.
5b. Upon written request of the officer or the officer’s
6legal counsel, the employing agency shall provide to the
7officer or the officer’s legal counsel a complete copy of the
8officer’s incident reports and the officer’s video or audio
9recordings from the incident giving rise to the complaint
10without unnecessary delay prior to an interview of the officer.
118. a. The officer shall have the right to have the
12assistance of legal counsel present, at the officer’s expense,
13during the interview of the officer, during hearings, or during
14other disciplinary or administrative proceedings related to the
15complaint. In addition, the officer shall have the right, at
16the officer’s expense, to have a union representative present
17during the interview or, if not a member of a union, the
18officer shall have the right to have a designee present.
19b. The officer’s legal counsel, union representative, or
20employee representative shall not be compelled to disclose in
21any judicial proceeding, nor be subject to any investigation
22or punitive action for refusing to disclose, any information
23received from the officer under investigation or from an agent
24of the officer. The officer and the officer’s legal counsel
25may coordinate and communicate in confidence with the officer’s
26designated union representative or employee representative,
27and the communications are not subject to discovery in any
28proceeding.
299. If a formal administrative investigation results in
30the removal, discharge, or suspension, or other disciplinary
31action against an officer, copies of any witness statements
32and the complete investigative agency’s report shall be timely
33provided to the officer upon the request of the officer or the
34officer’s legal counsel upon request at the completion of the
35investigation.
-4- 113. An In addition to any other remedies available, an
2 officer shall have the right to pursue civil remedies under the
3law against a citizen any person, group of persons, employer,
4organization, or corporation for damages arising from the
5filing of a false complaint against the officer or any other
6violation of this chapter including but not limited to actual
7damages, court costs, and reasonable attorney fees.
818. A municipality, county, or state agency employing
9an officer shall not publicly release the officer’s official
10photograph without the written permission of the officer or
11without a request to release pursuant to chapter 22. An
12officer’s personal information including but not limited to the
13officer’s home address, personal telephone number, personal
14electronic mail address, date of birth, social security number,
15and driver’s license number shall be confidential and shall be
16redacted from any record prior to the record’s release to the
17public by the employing agency. Nothing in this subsection
18prohibits the release of an officer’s photograph or unredacted
19personal information to the officer’s legal counsel, union
20representative, or designated employee representative upon the
21officer’s request.
22 Sec. 8. Section 80F.1, Code 2021, is amended by adding the
23following new subsections:
24 NEW SUBSECTION. 20. The employing agency shall keep
25an officer’s statement, recordings, or transcripts of any
26interviews or disciplinary proceedings, and any complaints
27made against an officer confidential unless otherwise provided
28by law or with the officer’s written consent. Nothing in
29this section prohibits the release of an officer’s statement,
30recordings, or transcripts of any interviews or disciplinary
31proceedings, and any complaints made against an officer to
32the officer or the officer’s legal counsel upon the officer’s
33request.
34 NEW SUBSECTION. 21. An agency employing full-time or
35part-time officers shall provide training to any officer or
-5-1supervisor who performs or supervises an investigation under
2this section, and shall maintain documentation of any training
3related to this section. The Iowa law enforcement academy
4shall adopt minimum training standards not inconsistent with
5this subsection, including training standards concerning
6interviewing an officer subject to a complaint.
7 NEW SUBSECTION. 22. Upon request, the employing agency
8shall provide to the requesting officer or the officer’s legal
9counsel a copy of the officer’s personnel file and training
10records regardless of whether the officer is subject to a
11formal administrative investigation at the time of the request.
12DIVISION III
13UNIFORM COMMERCIAL CODE FILINGS
14 Sec. 9. Section 554.9516, Code 2021, is amended by adding
15the following new subsection:
16 NEW SUBSECTION. 5. Fraudulent filings.
17a. The filing office may refuse to accept a financing
18statement that it determines is not created pursuant to the
19uniform commercial code, or is otherwise intended for an
20improper purpose, such as to hinder, harass, or otherwise
21wrongfully interfere with any person. The filing office may
22also refuse to accept a financing statement that names the same
23person as both debtor and secured party, describes collateral
24not within the scope of applicable law, or is being filed for
25a purpose other than a transaction within the scope of the
26uniform commercial code.
27b. If the filing office becomes aware that a financing
28statement or other record was not created pursuant to the
29uniform commercial code, or was otherwise intended for an
30improper purpose, such as to hinder, harass, or otherwise
31wrongfully interfere with any person, the filing office
32shall review the record and relevant circumstances and, if it
33determines that the record was wrongfully filed, the record
34shall be deemed void and ineffective; and the filing office
35shall remove the record from the index and communicate the
-6-1foregoing to the person that presented the wrongfully filed
2record and to other persons, as appropriate.
3DIVISION IV
4Protected information
5 Sec. 10. Section 331.604, subsection 3, Code 2021, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. f. Upon request by a law enforcement
8officer, as defined in section 80B.3, or state or federal
9judicial officer or state or federal prosecutor, the recorder
10or the recorder’s staff shall redact the requestor’s name
11contained in electronic documents that are displayed for public
12access through an internet site. This paragraph does not apply
13to a requestor holding or seeking public office. The recorder
14shall implement and maintain a process to facilitate these
15requests. A fee shall not be charged for the administration
16of this paragraph.
17 Sec. 11. Section 622.10, subsection 9, paragraphs a and b,
18Code 2021, are amended to read as follows:
19a. A peer support group counselor or individual present
20for a group crisis intervention who obtains information from
21an officer or a civilian employee of a law enforcement agency
22or fire department by reason of the counselor’s capacity as a
23peer support group counselor or an individual’s presence for
24a group crisis intervention shall not be allowed, in giving
25testimony, to disclose any confidential communication properly
26entrusted to the counselor or individual present for a group
27crisis intervention by the officer or civilian employee while
28receiving counseling or group crisis intervention.
29b. The prohibition in this subsection does not apply
30where the officer or civilian employee has consented to the
31disclosure of the information specified in paragraph “a” or
32where the peer support group counselor or individual present
33for a group crisis intervention was an initial responding
34officer, a witness, or a party to the incident which prompted
35the delivery of peer support group counseling services or the
-7-1group crisis intervention to the officer or civilian employee.
cm/jh/mb