HSB 701

The written notice shall include, at a minimum, all of the following: a notice of possible placement on a list; the officer’s right to request relevant materials from the prosecuting agency; the officer’s right to provide input to the prosecuting agency; and the prosecuting agency’s procedural requirements for an officer to provide input. The bill provides that if the prosecuting agency makes a determination to place the officer’s name on a list, the prosecuting agency shall send a written notice by mail or email to the officer’s current or last known employment address. If the officer’s contact information is known, the officer’s current or last known employer shall provide the written notice to the officer. The written notice shall include, at a minimum, all of the following: the officer’s right to make a request to reconsider the allegations and the officer’s placement on a list, the prosecuting agency’s procedural requirements for submitting a written request for reconsideration including the method and time frame for submitting the officer’s request for reconsideration and any supporting and corroborating documents and evidence from any pertinent sources, and a statement that if the officer intends to make a request for reconsideration of the officer’s placement on a list the officer must submit the written request for reconsideration to the prosecuting agency within business days after receiving the notice. _____ is approved by the prosecuting agency on its merits, the officer’s name shall be removed from the list. If the officer’s request for reconsideration is denied by the prosecuting agency, the officer’s name shall remain on the list. If an officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, the officer’s name shall remain on the list. The bill provides that an officer whose name was placed on a list prior to the effective date of the bill has the right to request reconsideration as follows: a prosecuting agency shall notify an officer whose name was placed on a list prior to the effective date of the bill, within days of the effective date of the bill, and provide the officer with the information required in the bill; and upon receipt of notification from a prosecuting agency, an officer receiving notice shall have days to request reconsideration. The bill does not limit the duty of a prosecuting agency to produce Brady-Giglio discovery evidence in all cases as required by the Constitution of the United States, the Constitution of the State of Iowa, and the Iowa rules of criminal procedure, and does not limit or restrict a prosecuting agency’s ability to remove an officer’s name from a list if, upon receipt of additional supporting and corroborating information or a change in factual circumstances at any time, the prosecuting agency determines that the officer’s name no longer requires placement on a list. The bill defines “Brady-Giglio list” as a list compiled by a prosecuting agency containing the names and details of officers who have sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue which places the officer’s credibility into question. _____ assistant city attorney.1(23) relating to the prohibition against the discharge, discipline, or threatened discharge of an officer solely due to a prosecuting attorney making a determination or disclosure that exculpatory evidence exists concerning the officer. The bill is repealed July 1, 2023.