Bill Text: IA HSB700 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to officer disciplinary actions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-21 - Committee report, recommending amendment and passage. H.J. 329. [HSB700 Detail]
Download: Iowa-2019-HSB700-Introduced.html
House
Study
Bill
700
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
officer
disciplinary
actions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
80F.1,
subsection
1,
Code
2020,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
“Brady-Giglio
list”
means
a
list
of
3
officers
maintained
by
the
county
attorney’s
office,
including
4
officers
who
may
not
have
disclosed
all
impeachment
information
5
and
officers
who
may
have
violated
the
pretrial
discovery
rule
6
requiring
officers
to
turn
over
all
evidence
that
may
be
used
7
to
exonerate
a
defendant.
8
Sec.
2.
Section
80F.1,
Code
2020,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
20.
a.
An
officer
shall
not
be
discharged,
11
disciplined,
or
threatened
with
discharge
or
discipline
by
a
12
state,
county,
or
municipal
law
enforcement
agency
solely
due
13
to
the
inclusion
of
the
officer’s
name
on
a
Brady-Giglio
list.
14
b.
This
subsection
does
not
prohibit
a
law
enforcement
15
agency
from
dismissing,
suspending,
demoting,
or
taking
other
16
disciplinary
actions
against
an
officer
based
on
the
underlying
17
actions
that
resulted
in
the
officer’s
name
being
placed
on
18
a
Brady-Giglio
list.
If
a
collective
bargaining
agreement
19
applies,
the
actions
taken
by
the
law
enforcement
agency
shall
20
conform
to
the
rules
and
procedures
adopted
by
the
collective
21
bargaining
agreement.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
officer
disciplinary
actions.
26
The
bill
amends
Code
chapter
80F,
relating
to
the
rights
of
27
officers
and
public
safety
and
emergency
personnel.
The
bill
28
prohibits
an
officer
from
being
discharged,
disciplined,
or
29
threatened
with
discharge
or
discipline
by
a
state,
county,
or
30
municipal
law
enforcement
agency
solely
due
to
the
inclusion
31
of
the
officer’s
name
on
a
Brady-Giglio
list.
However,
a
law
32
enforcement
agency
may
dismiss,
suspend,
demote,
or
take
other
33
disciplinary
action
against
an
officer
based
on
the
underlying
34
actions
that
resulted
in
the
officer’s
name
being
placed
on
a
35
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_____
Brady-Giglio
list.
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
pursuant
4
to
Giglio
v.
U.S.,
405
U.S.
150
(1972),
and
officers
who
may
5
have
violated
the
pretrial
discovery
rule
established
by
Brady
6
v.
Maryland,
373
U.S.
83
(1963),
requiring
officers
to
turn
7
over
all
evidence
that
might
be
used
to
exonerate
a
defendant.
8
Under
Code
section
80F.1,
“officer”
means
a
certified
9
law
enforcement
officer,
fire
fighter,
emergency
medical
10
technician,
corrections
officer,
detention
officer,
jailer,
11
probation
or
parole
officer,
communications
officer,
or
12
any
other
law
enforcement
officer
certified
by
the
Iowa
law
13
enforcement
academy
and
employed
by
a
municipality,
county,
or
14
state
agency.
15
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