House Study Bill 709 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act relating to law enforcement officers and reserve 1 peace officers, including the revocation or suspension of 2 certification by the Iowa law enforcement academy council, 3 administrative investigations under the peace officer, 4 public safety, and emergency personnel bill of rights, and 5 communications in professional confidence, and including 6 effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 6297YC (3) 90 as/js
H.F. _____ Section 1. Section 80B.13A, subsection 1, paragraphs a and 1 b, Code 2024, are amended to read as follows: 2 a. Final means that all appeals through a grievance 3 procedure , civil service action, or other cause of action or 4 procedure available to the officer or civil service have been 5 exhausted. 6 b. Serious misconduct means improper or illegal actions 7 taken by a law enforcement officer or reserve peace officer in 8 connection with the officers official duties including but not 9 limited to a conviction for a felony, fabrication of evidence, 10 repeated use of excessive force in violation of law , acceptance 11 of a bribe, or the commission of fraud. 12 Sec. 2. Section 80B.13A, subsection 2, paragraph c, Code 13 2024, is amended to read as follows: 14 c. Left, Knowingly left or voluntarily quit , or been 15 laid off when the officer was notified of a disciplinary 16 investigation or action was imminent or pending which could 17 that would have resulted in the law enforcement officer being 18 discharged or the reserve peace officer being removed for 19 serious misconduct, if the council determines that the officer 20 engaged in serious misconduct. 21 Sec. 3. Section 80B.13A, subsection 3, unnumbered paragraph 22 1, Code 2024, is amended to read as follows: 23 The council may revoke or suspend the certification of a law 24 enforcement officer or reserve peace officer and may publicly 25 or privately reprimand a law enforcement officer, reserve peace 26 officer, or employing agency due to any of the following: 27 Sec. 4. Section 80B.13A, Code 2024, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 3A. A decision of the council to revoke 30 the certification of a law enforcement officer or reserve peace 31 officer, to suspend a law enforcement officer or reserve peace 32 officers certification, or any other action against an officer 33 or employing agency shall be made by a majority vote of the 34 council. 35 -1- LSB 6297YC (3) 90 as/js 1/ 7
H.F. _____ NEW SUBSECTION . 4A. An action for revocation or suspension 1 of the certification of a law enforcement officer or reserve 2 peace officer shall not be maintained by the council unless the 3 action is commenced within one hundred eighty days from the 4 date the law enforcement officer or reserve peace officer has 5 exhausted all actions, appeals, or procedures available to the 6 officer. 7 Sec. 5. Section 80B.13A, subsection 4, Code 2024, is amended 8 to read as follows: 9 4. a. An employing agency shall notify the council within 10 ten days of any termination of employment of a law enforcement 11 officer or appointment as a reserve peace officer. The 12 notification must state whether the law enforcement officer or 13 reserve peace officer was discharged or removed for serious 14 misconduct , or whether the officer left, voluntarily quit, or 15 was laid off when was notified of a disciplinary investigation 16 or action was imminent or pending which could that would have 17 resulted in the officer being discharged or removed for serious 18 misconduct , whether the officer left or voluntarily quit, and 19 whether the action taken by the agency is final . 20 b. If after the employing agency submits a notification 21 under this subsection, the law enforcement officer or reserve 22 peace officer exercises any right to hold the decision of an 23 employing agency in abeyance, appeals, grieves, brings a cause 24 of action under section 80F.1, subsection 13, or contests the 25 officers termination as provided by law, the employing agency 26 shall notify the council in writing within ten days of the 27 filing of such action by the officer. 28 c. Upon request by the council, the employing agency shall 29 provide any additional information or documentation about the 30 officer including confidential records or information under 31 section 22.7 or other applicable law to the council. 32 Sec. 6. Section 80F.1, subsection 1, paragraphs c and f, 33 Code 2024, are amended to read as follows: 34 c. Formal administrative investigation means an 35 -2- LSB 6297YC (3) 90 as/js 2/ 7
H.F. _____ investigative process ordered by a commanding officer of an 1 agency or commanders designee during which the investigation 2 and questioning of an officer is intended to gather evidence 3 to determine the merit of a complaint , which may be the basis 4 for administrative charges seeking the removal, discharge, or 5 suspension, or other disciplinary action against the officer. 6 f. Officer means a certified law enforcement officer, 7 fire fighter, emergency medical technician , paramedic, 8 medical provider , corrections officer, detention officer, 9 jailer, probation or parole officer, communications officer 10 public safety telecommunicator, dispatcher , or any other 11 law enforcement officer certified in training or whose 12 certification is governed by the Iowa law enforcement academy , 13 and employed by a municipality, county, or state agency. 14 Sec. 7. Section 80F.1, subsection 5, Code 2024, is amended 15 to read as follows: 16 5. a. An officer who is the subject of a complaint, shall 17 at a minimum, be provided a written summary of the complaint 18 prior to an interview. If a collective bargaining agreement 19 applies, the complaint or written summary shall be provided 20 pursuant to the procedures established under the collective 21 bargaining agreement. If the complaint alleges domestic abuse, 22 sexual abuse, workplace harassment, or sexual harassment, an 23 officer shall not receive more than a written summary of the 24 complaint. 25 b. Upon written request of the officer or the officers 26 legal counsel, the employing agency shall provide to the 27 officer or the officers legal counsel a complete copy of the 28 officers incident report and the officers video or audio 29 recordings from the incident giving rise to the complaint 30 without unnecessary delay prior to an interview of the officer. 31 Nothing in this paragraph shall be construed to constitute a 32 disclosure of public records. 33 Sec. 8. Section 622.10, subsection 9, paragraph a, Code 34 2024, is amended to read as follows: 35 -3- LSB 6297YC (3) 90 as/js 3/ 7
H.F. _____ a. A peer support group counselor or individual present 1 for a individual or group crisis intervention who obtains 2 information from an officer or a civilian employee of a law 3 enforcement agency , emergency management agency, emergency 4 medical services agency, or fire department by reason of the 5 counselors capacity as a peer support group counselor or an 6 individuals presence for a group crisis intervention shall not 7 be allowed , in giving testimony, to disclose any confidential 8 communication properly entrusted to the counselor or individual 9 present for a group crisis intervention by the officer or 10 civilian employee while receiving counseling or group crisis 11 intervention , including in giving testimony . 12 Sec. 9. Section 622.10, subsection 9, paragraph c, 13 subparagraphs (1) and (2), Code 2024, are amended to read as 14 follows: 15 (1) Officer means a certified law enforcement officer, 16 fire fighter, emergency medical technician or medical provider , 17 paramedic, corrections officer, detention officer, jailer, 18 probation or parole officer, communications officer public 19 safety telecommunicator , dispatcher, emergency management 20 coordinator under chapter 29C , or any other law enforcement 21 officer certified by the Iowa law enforcement academy and 22 employed by a city, county, or state agency. 23 (2) Peer support group counselor Peer support counselor 24 means a law enforcement officer, fire fighter, civilian 25 employee of a law enforcement agency or fire department, or a 26 nonemployee counselor who has been designated as a peer support 27 group counselor by a sheriff, police chief, fire chief, or 28 department head of a law enforcement agency, fire department, 29 or emergency medical services agency , and who has received 30 training to provide emotional and moral support and counseling 31 to an officer or group who needs those services as a result of 32 an incident in which the officer or group was involved while 33 acting in the officers or groups official capacity. 34 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 35 -4- LSB 6297YC (3) 90 as/js 4/ 7
H.F. _____ immediate importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanations substance by the members of the general assembly. 4 This bill relates to law enforcement officers and reserve 5 peace officers, including the revocation or suspension of 6 certification by the Iowa law enforcement academy council, 7 administrative investigations under the peace officer, 8 public safety, and emergency personnel bill of rights, and 9 communications in professional confidence. 10 The bill provides that a final decision for purposes of 11 the revocation or suspension of the certification of a law 12 enforcement officer or peace officer by the council means 13 that all appeals through a grievance procedure, civil service 14 action, or other action or procedure available to the officer 15 have been exhausted, and serious misconduct includes the 16 repeated use of excessive force in violation of law. 17 The bill provides that the council shall revoke the 18 certification of a law enforcement officer or reserve peace 19 officer upon a finding that the law enforcement officer or 20 reserve peace officer knowingly left or voluntarily quit when 21 the officer was notified of a disciplinary investigation or 22 action that would have resulted in the law enforcement officer 23 being discharged or the reserve peace officer being removed for 24 serious misconduct, if the council determines that the officer 25 engaged in serious misconduct. 26 The bill provides that the council may revoke or suspend 27 the certification of a law enforcement officer or reserve 28 peace officer and may publicly or privately reprimand a law 29 enforcement officer, reserve peace officer, or employing 30 agency due to any of the following: a violation of any rules 31 authorized and adopted by the council; when an employing agency 32 recommends to the council that revocation or suspension would 33 be appropriate; or when the attorney general recommends that 34 revocation or suspension would be appropriate. 35 -5- LSB 6297YC (3) 90 as/js 5/ 7
H.F. _____ The bill amends current law to provide that notification 1 of the council by an employing agency of any termination of 2 employment of a law enforcement officer or appointment as a 3 reserve peace officer must state whether the law enforcement 4 officer or reserve peace officer was discharged or removed 5 for serious misconduct, whether the officer was notified 6 of a disciplinary investigation or action that would have 7 resulted in the officer being discharged or removed for serious 8 misconduct, whether the officer left or voluntarily quit, and 9 whether the action taken by the agency is final. 10 The bill provides that if a law enforcement officer or 11 reserve peace officer exercises any right to hold the decision 12 of an employing agency in abeyance, appeals, grieves, brings a 13 cause of action under Code section 80F.1(13), or contests the 14 officers termination, the employing agency shall notify the 15 council in writing within 10 days of the filing of such action 16 by the officer. 17 The bill provides that a decision of the council to revoke 18 the certification of a law enforcement officer or reserve peace 19 officer, to suspend the certification of a law enforcement 20 officer or reserve peace officer, or any other action against 21 an officer or employing agency shall be made by a majority 22 vote of the council. An action for revocation or suspension 23 of the certification of a law enforcement officer or reserve 24 peace officer shall not be maintained by the council unless the 25 action is commenced within 180 days from the date the council 26 was notified of the grounds for the revocation or suspension. 27 The bill amends the definition of formal administrative 28 investigation, in relation to formal administrative 29 investigations of officers, to include an investigative process 30 ordered by a commanding officer of an agency or commanders 31 designee during which the investigation and questioning of an 32 officer is intended to gather evidence to determine the merit 33 of a complaint filed against the officer. The bill amends 34 the definition of officer to include a paramedic, a medical 35 -6- LSB 6297YC (3) 90 as/js 6/ 7
H.F. _____ provider, a public safety telecommunicator, a dispatcher, 1 and any other law enforcement officer in training or whose 2 certification is governed by the Iowa law enforcement academy, 3 and employed by a municipality, county, or state agency. 4 The bill provides that upon written request of an officer or 5 an officers legal counsel, the employing agency shall provide 6 to the officer or the officers legal counsel a complete copy 7 of the officers incident report and the officers video or 8 audio recordings from the incident giving rise to the complaint 9 without unnecessary delay prior to an interview of the officer. 10 The bill provides that the provision of the report and audio 11 and video recordings shall not be construed to constitute a 12 disclosure of public records. 13 The bill provides that a peer support counselor or 14 individual present for individual or group crisis intervention 15 who obtains information from an officer or a civilian employee 16 of a law enforcement agency, emergency management agency, 17 emergency medical services agency, or fire department by reason 18 of the counselors capacity as a peer support group counselor 19 or an individuals presence for a group crisis intervention 20 shall not be allowed to disclose any confidential communication 21 properly entrusted to the counselor or individual present for a 22 group crisis intervention by the officer or civilian employee 23 while receiving counseling or group crisis intervention, 24 including in giving testimony. 25 The bill takes effect upon enactment. 26 -7- LSB 6297YC (3) 90 as/js 7/ 7