SSB 3198

Senate
Study
Bill
3198
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
DAWSON)
A
BILL
FOR
An
Act
relating
to
Brady-Giglio
list
appeals
and
law
1
enforcement
officers’
rights,
and
providing
effective
date
2
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
80F.1,
subsection
25,
Code
2026,
is
1
amended
to
read
as
follows:
2
25.
An
officer
shall
have
the
right
to
petition
the
3
district
court,
appeal,
or
intervene
in
an
action
regarding
4
a
prosecuting
agency’s
decision
to
place
an
officer
on
a
5
Brady-Giglio
list.
An
officer
placed
on
a
Brady-Giglio
list
6
by
a
prosecuting
agency,
regardless
of
when
such
placement,
7
action,
or
decision
occurred,
shall
have
the
rights
afforded
8
under
this
subsection.
The
district
court
shall
have
9
jurisdiction
over
the
review
of
the
prosecuting
agency’s
10
decision.
The
district
court
shall
perform
an
in
camera
11
review
of
the
evidence
and
may
hold
a
closed
hearing
upon
the
12
request
of
the
officer
or
prosecuting
agency,
or
upon
the
13
court’s
own
motion.
The
district
court
may
affirm,
modify,
14
or
reverse
a
prosecuting
agency’s
decision,
and
issue
orders
15
or
provide
relief,
including
removal
of
the
officer
from
a
16
Brady-Giglio
list,
as
justice
may
require.
Evidence
presented
17
to
the
district
court
shall
be
provided
under
seal
and
kept
18
confidential
unless
otherwise
provided
by
law
and
ordered
19
by
the
district
court.
If
the
court
finds
in
favor
of
the
20
officer
under
this
subsection,
upon
application,
the
court
21
shall
award
the
officer
equitable
relief,
reasonable
attorney
22
fees,
expenses,
and
court
costs.
Any
such
award
shall
be
paid
23
by
the
state
or
the
municipality
or
county
that
employs
or
is
24
responsible
for
the
prosecuting
agency.
25
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
28
retroactively
to
the
placement
of
an
officer
on
a
Brady-Giglio
29
list
and
subsequent
proceedings
and
orders
occurring
on
and
30
after
July
1,
2021.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
Brady-Giglio
list
appeals
and
law
35
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S.F.
_____
enforcement
officers’
rights.
1
The
bill
provides
that
an
officer
placed
on
a
Brady-Giglio
2
list
by
a
prosecuting
agency,
regardless
of
when
such
3
placement,
action,
or
decision
occurred,
shall
have
the
rights
4
afforded
under
the
bill.
5
The
bill
provides
that
if
an
officer,
after
appealing
a
6
decision
placing
the
officer
on
a
Brady-Giglio
list,
prevails,
7
the
court
shall
award
the
officer
equitable
relief,
reasonable
8
attorney
fees,
expenses,
and
court
costs.
Any
such
award
shall
9
be
paid
by
the
state
or
the
municipality
or
county
that
employs
10
or
is
responsible
for
the
prosecuting
agency.
11
The
bill
takes
effect
upon
enactment.
12
The
bill
applies
retroactively
to
the
placement
of
an
13
officer
on
a
Brady-Giglio
list
and
subsequent
proceedings
and
14
orders
occurring
on
and
after
July
1,
2021.
15
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