Bills › 90th General Assembly

HF 2592Signed by Governor · May 1, 2024

Relating to the placement of a police officer on a Brady-Giglio list, including the right of a police officer to petition the court and the standard of proof required for actions regarding such placement

Sponsored by the House Public Safety Committee

Topics:Courts & civil lawCrime & correctionsPublic safety & emergencies

Same legislation: SF 2200, HF 2295, SF 2338

Where it is now

  1. Done: IntroducedFebruary 1, 2024
  2. Done: SubcommitteeFebruary 8, 2024
  3. Done: House committeeFebruary 14, 2024
  4. Done: Passes the HouseFebruary 29, 202491–1
  5. Done: Senate committeeMarch 14, 2024
  6. Done: Passes the SenateMarch 25, 202447–0
  7. Done: To the GovernorApril 23, 2024
  8. Done: Signed into lawMay 1, 2024

Signed into law What’s a funnel?

What’s in it

AI summary Police officers can now ask a judge to review a decision if a prosecutor puts them on a special list regarding their credibility. A court will look at the evidence privately to decide if the officer should be removed from that list. This change also sets a specific rule for how much proof is needed during these legal cases.1

Read the official explanation

This bill relates to the right of a police officer to petition the court regarding placement on a Brady-Giglio list by a prosecuting agency, and establishes the standard of proof required for actions under Code chapter 80F. The bill provides that an officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list. The district court has jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court. The bill provides that the standard of proof for an allegation, administrative charge, complaint, cause of action, claim, or defense under Code chapter 80F shall be a preponderance of the evidence unless a higher standard of proof is required by law.

Why it matters. Police officers would gain the right to petition a district court to challenge a prosecutor's decision to place them on a Brady-Giglio list. The court would review the evidence and has the authority to affirm, modify, or reverse these decisions, including ordering an officer's removal from the list.2

Changed since by amendments S-5092, H-8085; see Amendments.

Full bill text · What changed before it passed3

Iowa Code it changes

Creates§80F.3

Amends§80F.1

How the Code works4

Lobbying

4 for · 1 against · 9 undecided · Who →

Family tree