Bill Text: IA HF2647 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to peace officers, including the certification, training, and prosecution of peace officers and the use of chokeholds by peace officers, and including effective date and retroactive applicability provisions. Effective date: 07/01/2020.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-06-12 - Signed by Governor. H.J. 745. [HF2647 Detail]
Download: Iowa-2019-HF2647-Enrolled.html
House
File
2647
-
Enrolled
House
File
2647
AN
ACT
RELATING
TO
PEACE
OFFICERS,
INCLUDING
THE
CERTIFICATION,
TRAINING,
AND
PROSECUTION
OF
PEACE
OFFICERS
AND
THE
USE
OF
CHOKEHOLDS
BY
PEACE
OFFICERS,
AND
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
PROSECUTION
BY
ATTORNEY
GENERAL
Section
1.
NEW
SECTION
.
13.12
Prosecution
of
criminal
offenses
committed
by
law
enforcement
officers.
The
attorney
general
may
prosecute
a
criminal
offense
committed
by
a
law
enforcement
officer,
as
defined
in
section
80B.3,
arising
from
the
actions
of
the
officer
resulting
in
the
death
of
another,
regardless
of
whether
the
county
attorney
requests
the
assistance
of
the
attorney
general
or
decides
to
independently
prosecute
the
criminal
offense
committed
by
the
officer.
If
the
attorney
general
determines
that
criminal
charges
are
not
appropriate,
the
attorney
general
may
refer
the
matter
to
the
Iowa
law
enforcement
academy
council
to
recommend
revocation
or
suspension
of
the
officer’s
certification
if
the
attorney
general
determines
that
the
officer
committed
misconduct
that
would
be
grounds
for
revocation
or
suspension
of
a
certification
under
chapter
80B
or
80D,
or
rules
adopted
pursuant
to
those
chapters.
DIVISION
II
USE
OF
CHOKEHOLDS
BY
PEACE
OFFICERS
House
File
2647,
p.
2
Sec.
2.
Section
804.8,
Code
2020,
is
amended
to
read
as
follows:
804.8
Use
of
force
by
peace
officer
making
an
arrest.
1.
A
peace
officer,
while
making
a
lawful
arrest,
is
justified
in
the
use
of
any
force
which
the
peace
officer
reasonably
believes
to
be
necessary
to
effect
the
arrest
or
to
defend
any
person
from
bodily
harm
while
making
the
arrest.
However,
the
use
of
deadly
force
or
a
chokehold
is
only
justified
when
a
person
cannot
be
captured
any
other
way
and
either
of
the
following
apply:
a.
The
person
has
used
or
threatened
to
use
deadly
force
in
committing
a
felony.
b.
The
peace
officer
reasonably
believes
the
person
would
use
deadly
force
against
any
person
unless
immediately
apprehended.
2.
A
peace
officer
making
an
arrest
pursuant
to
an
invalid
warrant
is
justified
in
the
use
of
any
force
which
the
peace
officer
would
be
justified
in
using
if
the
warrant
were
valid,
unless
the
peace
officer
knows
that
the
warrant
is
invalid.
3.
For
purposes
of
this
section,
“chokehold”
means
the
intentional
and
prolonged
application
of
force
to
the
throat
or
windpipe
that
prevents
or
hinders
breathing
or
reduces
the
intake
of
air.
DIVISION
III
CERTIFICATIONS
——
OTHER
STATES
——
REVOCATION
OR
SUSPENSION
Sec.
3.
Section
80B.3,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
“Reserve
peace
officer”
means
the
same
as
defined
in
section
80D.1A.
Sec.
4.
NEW
SECTION
.
80B.11F
Previous
certification
in
other
states.
1.
For
purposes
of
this
section,
“serious
misconduct”
means
improper
or
illegal
actions
taken
by
a
law
enforcement
officer
in
connection
with
the
officer’s
official
duties
including
but
not
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
repeated
use
of
excessive
force,
acceptance
of
a
bribe,
or
the
commission
of
fraud.
2.
The
council
may
adopt
rules
pursuant
to
chapter
17A
to
establish
a
process
for
the
certification
through
examination
House
File
2647,
p.
3
of
law
enforcement
officers
who
have
been
certified
in
another
state.
3.
Before
beginning
employment
with
an
employing
agency
in
this
state,
a
law
enforcement
officer
who
has
been
certified
in
another
state
must
submit
a
preliminary
application
for
certification
through
examination
to
the
council.
The
application
shall
be
under
oath
and
shall
require
the
applicant
to
provide
any
information
determined
to
be
necessary
by
the
council,
including
but
not
limited
to
an
attestation
by
the
applicant
to
any
of
the
following:
a.
Whether
the
applicant’s
certification
as
a
law
enforcement
officer
has
been
revoked
or
suspended
in
another
state.
b.
Whether
the
applicant
has
pled
guilty
to
or
been
convicted
of
a
felony.
c.
Whether
the
applicant
has
been
discharged
for
serious
misconduct
from
employment
as
a
law
enforcement
officer.
d.
Whether
the
applicant
left,
voluntarily
quit,
or
has
been
laid
off
when
the
applicant
knew
or
believed
that
disciplinary
investigation
or
action
was
imminent
or
pending
which
could
have
resulted
in
the
applicant
being
discharged
for
serious
misconduct.
4.
The
council
shall
deny
a
preliminary
application
upon
a
finding
that
the
applicant
has
done
any
of
the
following:
a.
Been
revoked
as
a
certified
law
enforcement
officer
in
another
state.
b.
Pled
guilty
to
or
been
convicted
of
a
felony.
c.
Been
discharged
for
serious
misconduct
from
employment
as
a
law
enforcement
officer.
d.
Left,
voluntarily
quit,
or
been
laid
off
when
disciplinary
investigation
or
action
was
imminent
or
pending
which
could
have
resulted
in
the
applicant
being
discharged
for
serious
misconduct,
if
the
council
determines
that
the
applicant
engaged
in
serious
misconduct.
5.
If
the
council
denies
a
preliminary
application
for
certification
through
examination,
the
applicant
shall
be
prohibited
from
continued
employment
as
a
law
enforcement
officer
in
this
state.
Sec.
5.
Section
80B.13,
subsections
8
and
9,
Code
2020,
are
House
File
2647,
p.
4
amended
to
read
as
follows:
8.
a.
Revoke
or
suspend
a
law
enforcement
officer’s
or
reserve
peace
officer’s
certification
for
the
conviction
of
a
felony
or
revoke
or
suspend
a
law
enforcement
officer’s
certification
for
a
violation
of
rules
adopted
pursuant
to
section
80B.11,
subsection
1
,
paragraph
“h”
pursuant
to
section
80B.13A
.
In
addition
the
council
may
consider
revocation
or
suspension
proceedings
when
an
employing
agency
recommends
to
the
council
that
revocation
or
suspension
would
be
appropriate
with
regard
to
a
current
or
former
employee.
If
a
law
enforcement
officer
resigns,
the
employing
agency
shall
notify
the
council
that
an
officer
has
resigned
and
state
the
reason
for
the
resignation
if
a
substantial
likelihood
exists
that
the
reason
would
result
in
the
revocation
or
suspension
of
an
officer’s
certification
for
a
violation
of
the
rules.
b.
A
recommendation
by
an
employing
agency
must
be
in
writing
and
set
forth
the
reasons
why
the
action
is
being
recommended,
the
findings
of
the
employing
agency
concerning
the
matter,
the
action
taken
by
the
employing
agency,
and
that
the
action
by
the
agency
is
final.
“Final”
,
as
used
in
this
section
,
means
that
all
appeals
through
a
grievance
procedure
available
to
the
officer
or
civil
service
have
been
exhausted.
The
written
recommendations
shall
be
unavailable
for
inspection
by
anyone
except
personnel
of
the
employing
agency,
the
council
and
the
affected
law
enforcement
officer,
or
as
ordered
by
a
reviewing
court.
c.
The
council
shall
establish
a
process
for
the
protest
and
appeal
of
a
revocation
or
suspension
made
pursuant
to
this
subsection
.
9.
In
accordance
with
chapter
17A
,
conduct
investigations,
hold
hearings,
appoint
hearing
examiners
administrative
law
judges
,
administer
oaths
,
and
issue
subpoenas
enforceable
in
district
court
on
matters
relating
to
the
revocation
or
suspension
of
a
law
enforcement
officer’s
certification.
Sec.
6.
NEW
SECTION
.
80B.13A
Revocation
or
suspension
of
certification.
1.
For
purposes
of
this
section:
a.
“Final”
means
that
all
appeals
through
a
grievance
procedure
available
to
the
officer
or
civil
service
have
been
House
File
2647,
p.
5
exhausted.
b.
“Serious
misconduct”
means
improper
or
illegal
actions
taken
by
a
law
enforcement
officer
or
reserve
peace
officer
in
connection
with
the
officer’s
official
duties
including
but
not
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
repeated
use
of
excessive
force,
acceptance
of
a
bribe,
or
the
commission
of
fraud.
2.
The
council
shall
revoke
the
certification
of
a
law
enforcement
officer
or
reserve
peace
officer
upon
a
finding
that
the
law
enforcement
officer
or
reserve
peace
officer
has
done
any
of
the
following:
a.
Pled
guilty
to
or
been
convicted
of
a
felony.
b.
Been
discharged
for
serious
misconduct
from
employment
as
a
law
enforcement
officer
or
from
appointment
as
a
reserve
peace
officer,
as
applicable.
c.
Left,
voluntarily
quit,
or
been
laid
off
when
disciplinary
investigation
or
action
was
imminent
or
pending
which
could
have
resulted
in
the
law
enforcement
officer
being
discharged
or
the
reserve
peace
officer
being
removed
for
serious
misconduct,
if
the
council
determines
that
the
officer
engaged
in
serious
misconduct.
3.
The
council
may
revoke
or
suspend
the
certification
of
a
law
enforcement
officer
or
reserve
peace
officer
due
to
any
of
the
following:
a.
For
any
other
grounds
authorized
by
rules
adopted
pursuant
to
section
80B.11,
subsection
1,
paragraph
“h”
,
or
section
80D.4A.
b.
When
an
employing
agency
recommends
to
the
council
that
revocation
or
suspension
would
be
appropriate
with
regard
to
a
current
or
former
employee.
A
recommendation
by
an
employing
agency
must
be
in
writing
and
set
forth
the
reasons
why
the
action
is
being
recommended,
the
findings
of
the
employing
agency
concerning
the
matter,
the
action
taken
by
the
employing
agency,
and
that
the
action
by
the
agency
is
final.
c.
When
the
attorney
general
recommends
to
the
council
that
revocation
or
suspension
would
be
appropriate
pursuant
to
section
13.12.
4.
An
employing
agency
shall
notify
the
council
within
ten
days
of
any
termination
of
employment
of
a
law
enforcement
House
File
2647,
p.
6
officer
or
appointment
as
a
reserve
peace
officer.
The
notification
must
state
whether
the
law
enforcement
officer
or
reserve
peace
officer
was
discharged
or
removed
for
serious
misconduct
or
whether
the
officer
left,
voluntarily
quit,
or
was
laid
off
when
disciplinary
investigation
or
action
was
imminent
or
pending
which
could
have
resulted
in
the
officer
being
discharged
or
removed
for
serious
misconduct.
Upon
request
by
the
council,
the
employing
agency
shall
provide
any
additional
information
or
documentation
about
the
officer
including
confidential
records
or
information
under
section
22.7
or
other
applicable
law
to
the
council.
5.
Any
recommendation,
notification,
or
other
record
or
information
provided
by
an
employing
agency
or
the
attorney
general
pursuant
to
this
section
shall
be
confidential
except
as
required
by
rule
or
order
of
the
council,
an
administrative
law
judge,
or
a
reviewing
court.
Any
employing
agency
or
person
who,
acting
reasonably
and
in
good
faith,
files
a
notification
or
recommendation,
releases
information,
or
otherwise
cooperates
with
an
investigation
under
this
section
is
immune
from
any
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
or
imposed
for
such
action.
6.
The
council
shall
adopt
rules
pursuant
to
chapter
17A
establishing
a
process
to
challenge
and
appeal
a
revocation
or
suspension
made
pursuant
to
this
section.
Sec.
7.
Section
80D.4A,
Code
2020,
is
amended
to
read
as
follows:
80D.4A
Training
and
certification
requirements
——
revocation
or
suspension
of
certification
.
The
director
of
the
academy,
subject
to
the
approval
of
the
council,
shall
promulgate
rules
in
accordance
with
the
provisions
of
this
chapter
and
chapter
17A
,
giving
due
consideration
to
varying
factors
and
special
requirements
of
law
enforcement
agencies
relative
to
the
standardized
training
and
state
certification
of
reserve
peace
officers.
The
rules
shall
provide
for
grounds
for
revocation
or
suspension
of
a
reserve
peace
officer’s
certification.
DIVISION
IV
LAW
ENFORCEMENT
TRAINING
——
DE-ESCALATION
TECHNIQUES
AND
PREVENTION
OF
BIAS
House
File
2647,
p.
7
Sec.
8.
NEW
SECTION
.
80B.11G
Annual
training
——
de-escalation
techniques
and
prevention
of
bias.
1.
A
law
enforcement
agency
shall
provide
annual
training
to
every
law
enforcement
officer
on
issues
relating
to
de-escalation
techniques
and
the
prevention
of
bias.
Every
law
enforcement
officer
in
the
state
must
participate
in
annual
training
in
accordance
with
this
section.
2.
The
academy
shall
develop
and
disseminate
training
guidelines
for
all
law
enforcement
officers
consistent
with
best
practice
guidelines.
3.
Every
law
enforcement
officer
shall
adhere
to
the
training
guidelines
developed
by
the
academy
pursuant
to
this
section.
The
training
guidelines
shall
include
all
of
the
following:
a.
An
emphasis
on
law
enforcement
officer
understanding
and
respect
for
diverse
communities
and
the
importance
of
effective,
noncombative
methods
of
carrying
out
law
enforcement
activities
in
a
diverse
community.
b.
Instruction
on
diverse
communities
in
order
to
foster
mutual
respect
and
cooperation
between
law
enforcement
and
members
of
all
diverse
communities.
c.
An
examination
of
the
patterns,
practices,
and
protocols
that
cause
biased
law
enforcement
actions,
and
the
tools
to
prevent
such
actions.
d.
An
examination
and
identification
of
key
indices
and
perspectives
that
make
up
differences
among
residents
in
a
local
community.
e.
Instruction
on
implicit
bias
and
consideration
of
the
negative
impact
of
bias,
whether
intentional
or
implicit,
on
effective
law
enforcement,
including
examination
of
how
historical
perceptions
of
profiling
have
harmed
community
relations.
f.
Instruction
on
the
perspectives
of
diverse
local
constituency
groups
from
experts
on
particular
cultural
and
law
enforcement-community
relations
issues
in
a
local
area.
g.
A
presentation
of
the
history
and
the
role
of
the
civil
rights
movement
and
the
impact
on
law
enforcement.
h.
Instruction
on
de-escalation
techniques,
including
verbal
and
physical
tactics
to
minimize
the
need
for
the
use
of
force
House
File
2647,
p.
8
and
nonlethal
methods
of
applying
force.
4.
In
developing
the
training
guidelines,
the
academy
shall
consult
with
the
Iowa
civil
rights
commission,
groups
and
individuals
having
an
interest
and
expertise
in
the
field
of
cultural
awareness
and
diversity,
and
advocacy
organizations
with
an
interest
and
expertise
in
the
field
of
biased
law
enforcement
actions.
The
academy
shall
also
consult
with
local
law
enforcement
agencies
to
consider
challenges
and
barriers
to
providing
training
under
the
guidelines
and
methods
to
ease
the
burden
on
such
agencies.
Sec.
9.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3,
shall
not
apply
to
this
division
of
this
Act.
DIVISION
V
EFFECTIVE
DATE
AND
APPLICABILITY
Sec.
10.
EFFECTIVE
UPON
ENACTMENT.
Unless
otherwise
provided,
this
Act,
if
approved
by
the
governor
on
or
after
July
1,
2020,
takes
effect
upon
enactment.
Sec.
11.
RETROACTIVE
APPLICABILITY.
Unless
otherwise
provided,
this
Act,
if
approved
by
the
governor
on
or
after
July
1,
2020,
applies
retroactively
to
July
1,
2020.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2647,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor