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Senate File 385 - IntroducedA Bill ForAn Act 1relating to a Brady-Giglio list maintained by a
2prosecuting agency, and confidential information, and
3including effective date provisions.
4BE 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8is repealed July 1, 2023 2024.
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 to read as follows:
22i. This subsection is repealed July 1, 2023 2024.
23 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
24importance, takes effect upon enactment.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to a Brady-Giglio list maintained by a
29prosecuting agency.
30Current law in Code chapter 80F (peace officer, public
31safety, and emergency personnel bill of rights) describes
32procedural requirements that a prosecuting agency that
33maintains a Brady-Giglio list must comply with and provides
34a definition of “Brady-Giglio list”. These requirements and
35definition were set by the general assembly to be repealed on
-1-1July 1, 2023. The bill extends the future repeal provisions to
2July 1, 2024.
3The bill provides that a prosecuting agency shall keep
4confidential and not release to the public an officer’s
5personnel file, medical records, or any statement, recording,
6transcript, or complaint. The bill does not prohibit the
7release of records to the officer or the officer’s legal
8counsel, or as otherwise provided by law or court order.
9The bill takes effect upon enactment.
-2-as/rh
2prosecuting agency, and confidential information, and
3including effective date provisions.
4BE 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 2024.
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 to read as follows:
22i. This subsection is repealed July 1, 2023 2024.
23 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
24importance, takes effect upon enactment.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to a Brady-Giglio list maintained by a
29prosecuting agency.
30Current law in Code chapter 80F (peace officer, public
31safety, and emergency personnel bill of rights) describes
32procedural requirements that a prosecuting agency that
33maintains a Brady-Giglio list must comply with and provides
34a definition of “Brady-Giglio list”. These requirements and
35definition were set by the general assembly to be repealed on
-1-1July 1, 2023. The bill extends the future repeal provisions to
2July 1, 2024.
3The bill provides that a prosecuting agency shall keep
4confidential and not release to the public an officer’s
5personnel file, medical records, or any statement, recording,
6transcript, or complaint. The bill does not prohibit the
7release of records to the officer or the officer’s legal
8counsel, or as otherwise provided by law or court order.
9The bill takes effect upon enactment.
-2-as/rh