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House Study Bill 188 - IntroducedA Bill ForAn Act 1relating to the rights of peace officers and public
2safety and emergency personnel, Brady-Giglio list policy,
3and confidential information, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. “Brady-Giglio list” means a list compiled by a
4prosecuting agency containing the names and details of officers
5who have sustained incidents of untruthfulness, criminal
6convictions, candor issues, or some other type of issue which
7places the officer’s credibility into question. This paragraph
8is repealed July 1, 2023.
9 Sec. 2. Section 80F.1, subsection 24, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0f. A prosecuting agency shall keep
12confidential and shall not release to the public an officer’s
13personnel file, medical records, or any statement, recording,
14transcript, or complaint protected under subsection 20, to
15the public. Nothing in this paragraph shall be construed to
16prohibit the release of records to the officer or the officer’s
17legal counsel as required under this section upon the request
18of the officer or the officer’s legal counsel or as otherwise
19provided by law or court order.
20 Sec. 3. Section 80F.1, subsection 24, paragraph i, Code
212023, is amended by striking the paragraph.
22 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the rights of peace officers and public
28safety and emergency personnel, Brady-Giglio list policy, and
29confidential information.
30Current law provides that the definition of “Brady-Giglio
31list” and Code section 80F.1(24) concerning the policies
32and procedures to be followed by a prosecuting agency that
33maintains a Brady-Giglio list shall be repealed on July 1,
342023. The bill removes the repeal provisions in the Code
35section.
-1- 1The bill provides that a prosecuting agency shall keep
2confidential and shall not release to the public an officer’s
3personnel file, medical records, or any statement, recording,
4transcript, or complaint to the public. This shall not be
5construed to prohibit the release of records to the officer or
6the officer’s legal counsel upon the request of the officer or
7the officer’s legal counsel, or as otherwise provided by law
8or court order.
9The bill takes effect upon enactment.
-2-as/rh
2safety and emergency personnel, Brady-Giglio list policy,
3and confidential information, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. “Brady-Giglio list” means a list compiled by a
4prosecuting agency containing the names and details of officers
5who have sustained incidents of untruthfulness, criminal
6convictions, candor issues, or some other type of issue which
7places the officer’s credibility into question. This paragraph
8is repealed July 1, 2023.
9 Sec. 2. Section 80F.1, subsection 24, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0f. A prosecuting agency shall keep
12confidential and shall not release to the public an officer’s
13personnel file, medical records, or any statement, recording,
14transcript, or complaint protected under subsection 20, to
15the public. Nothing in this paragraph shall be construed to
16prohibit the release of records to the officer or the officer’s
17legal counsel as required under this section upon the request
18of the officer or the officer’s legal counsel or as otherwise
19provided by law or court order.
20 Sec. 3. Section 80F.1, subsection 24, paragraph i, Code
212023, is amended by striking the paragraph.
22 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the rights of peace officers and public
28safety and emergency personnel, Brady-Giglio list policy, and
29confidential information.
30Current law provides that the definition of “Brady-Giglio
31list” and Code section 80F.1(24) concerning the policies
32and procedures to be followed by a prosecuting agency that
33maintains a Brady-Giglio list shall be repealed on July 1,
342023. The bill removes the repeal provisions in the Code
35section.
-1- 1The bill provides that a prosecuting agency shall keep
2confidential and shall not release to the public an officer’s
3personnel file, medical records, or any statement, recording,
4transcript, or complaint to the public. This shall not be
5construed to prohibit the release of records to the officer or
6the officer’s legal counsel upon the request of the officer or
7the officer’s legal counsel, or as otherwise provided by law
8or court order.
9The bill takes effect upon enactment.
-2-as/rh