Bill Text: IA HF2541 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to officer disciplinary actions and establishing a legislative interim committee. (Formerly HSB 699.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-11 - Amendment S-5083 filed. S.J. 609. [HF2541 Detail]
Download: Iowa-2019-HF2541-Introduced.html
House
File
2541
-
Introduced
HOUSE
FILE
2541
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
699)
A
BILL
FOR
An
Act
relating
to
officer
disciplinary
actions
and
1
establishing
a
legislative
interim
committee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2541
Section
1.
BRADY-GIGLIO
LIST
INTERIM
COMMITTEE.
1
1.
The
legislative
council
is
requested
to
establish
a
2
Brady-Giglio
list
interim
committee
for
the
2020
interim.
The
3
purpose
of
the
committee
shall
be
to
do
all
of
the
following:
4
a.
Study
the
disclosure
of
information
contained
in
officer
5
personnel
files
as
such
information
relates
to
a
Brady-Giglio
6
list.
7
b.
Study
the
efficiency
of
implementing
a
statewide
system
8
for
a
Brady-Giglio
list,
identifying
impartial
entities
to
9
conduct
investigations
pertaining
to
an
officer’s
acts
or
10
omissions
to
act,
and
recommending
the
appropriate
procedures,
11
due
process
protections,
appeal
rights,
and
criteria
for
the
12
placement
and
removal
of
an
officer’s
name
on
and
from
a
13
Brady-Giglio
list.
14
c.
Study
any
other
issues
that
the
committee
determines
15
relevant
to
its
objective.
The
committee
may
solicit
the
16
advice
or
testimony
of
any
organization
or
individual
with
17
information
or
expertise
relevant
to
the
purpose
of
the
18
committee.
19
2.
The
committee
shall
consist
of
three
members
of
the
20
senate
appointed
by
the
majority
leader
of
the
senate,
two
21
members
of
the
senate
appointed
by
the
minority
leader
of
the
22
senate,
three
members
of
the
house
of
representatives
appointed
23
by
the
speaker
of
the
house
of
representatives,
and
two
members
24
of
the
house
of
representatives
appointed
by
the
minority
25
leader
of
the
house
of
representatives.
Additional
committee
26
members
shall
include
the
commissioner
of
the
department
of
27
public
safety
or
the
commissioner’s
designee,
a
district
court
28
judge
appointed
by
the
supreme
court,
and
representatives
from
29
all
of
the
following:
the
Iowa
county
attorneys
association,
30
the
Iowa
sheriffs
and
deputies
association,
the
Iowa
police
31
chiefs
association,
the
Iowa
state
police
association,
the
32
Iowa
peace
officers
association,
the
Iowa
professional
fire
33
fighters,
the
Iowa
state
troopers
association,
and
the
Iowa
34
state
patrol
supervisors
association.
The
Iowa
sheriffs
and
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2541
deputies
association
member
representative
shall
be
an
officer
1
who
does
not
hold
rank.
2
3.
The
committee
shall
elect
a
chairperson
from
the
members
3
appointed.
4
4.
The
committee
shall
issue
a
report,
including
findings
5
and
recommendations,
to
the
governor
and
the
general
assembly
6
no
later
than
December
16,
2020.
7
5.
For
the
purposes
of
this
section,
“Brady-Giglio
list”
8
means
a
list
of
officers
maintained
by
the
county
attorney’s
9
office,
including
officers
who
may
not
have
disclosed
all
10
impeachment
information
and
officers
who
may
have
violated
the
11
pretrial
discovery
rule
requiring
officers
to
turn
over
all
12
evidence
that
might
be
used
to
exonerate
a
defendant.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
establishes
a
legislative
interim
committee
17
relating
to
officer
disciplinary
actions.
18
The
bill
establishes
a
legislative
interim
committee
19
to
study
the
disclosure
of
officer
personnel
files
as
20
such
information
relates
to
a
Brady-Giglio
list,
study
21
the
efficiency
of
implementing
a
statewide
system
for
a
22
Brady-Giglio
list,
identify
impartial
entities
to
conduct
23
investigations
pertaining
to
an
officer’s
acts
and
omissions
24
to
act,
and
recommend
appropriate
procedures,
due
process
25
protections,
appeal
rights,
and
criteria
for
the
placement
26
and
removal
of
an
officer’s
name
on
and
from
a
Brady-Giglio
27
list.
The
committee
may
solicit
the
advice
or
testimony
of
28
any
organization
or
individual
with
information
or
expertise
29
relevant
to
its
study.
30
The
committee
shall
consist
of
10
legislative
members
31
and
10
members
representing
various
interested
stakeholder
32
organizations,
the
department
of
public
safety,
and
the
court.
33
The
committee
shall
issue
a
report,
including
findings
and
34
recommendations,
to
the
governor
and
the
general
assembly
no
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2541
later
than
December
16,
2020.
1
The
bill
defines
“Brady-Giglio
list”
as
a
list
of
officers
2
maintained
by
the
county
attorney’s
office,
including
officers
3
who
may
not
have
disclosed
all
impeachment
information
and
4
pursuant
to
Giglio
v.
U.S.,
405
U.S.
150
(1972),
and
officers
5
who
may
have
violated
the
pretrial
discovery
rule
established
6
by
Brady
v.
Maryland,
373
U.S.
83
(1963),
requiring
officers
7
to
turn
over
all
evidence
that
may
be
used
to
exonerate
a
8
defendant.
9
Under
Code
section
80F.1,
“officer”
means
a
certified
10
law
enforcement
officer,
fire
fighter,
emergency
medical
11
technician,
corrections
officer,
detention
officer,
jailer,
12
probation
or
parole
officer,
communications
officer,
or
13
any
other
law
enforcement
officer
certified
by
the
Iowa
law
14
enforcement
academy
and
employed
by
a
municipality,
county,
or
15
state
agency.
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