Bill Summary – FastDemocracy

House File 2592 - Enrolled
                                                      House File 2592
                                  AN ACT
     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.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 1      Section 1. Section 80F.1, Code 2024, is amended by adding
 2   the following new subsection:
 3      NEW SUBSECTION. 25. An officer shall have the right
 4   to petition the district court, appeal, or intervene in an
 5   action regarding a prosecuting agency’s decision to place an
 6   officer on a Brady-Giglio list. The district court shall
 7   have jurisdiction over the review of the prosecuting agency’s
 8   decision. The district court shall perform an in camera
 9   review of the evidence and may hold a closed hearing upon the
10   request of the officer or prosecuting agency, or upon the
11   court’s own motion. The district court may affirm, modify,
12   or reverse a prosecuting agency’s decision, and issue orders
13   or provide relief, including removal of the officer from a
14   Brady-Giglio list, as justice may require. Evidence presented
15   to the district court shall be provided under seal and kept
                                                House File 2592, p. 2
16   confidential unless otherwise provided by law and ordered by
17   the district court.
18      Sec. 2. NEW SECTION. 80F.3 Standard of proof.
19      The standard of proof for an allegation, administrative
20   charge, complaint, cause of action, claim, or defense under
21   this chapter shall be a preponderance of the evidence unless a
22   higher standard of proof is required by law.
     ______________________________     ______________________________
     PAT GRASSLEY                       AMY SINCLAIR
     Speaker of the House               President of the Senate
        I hereby certify that this bill originated in the House and
     is known as House File 2592, Ninetieth General Assembly.
                                        ______________________________
                                        MEGHAN NELSON
                                        Chief Clerk of the House
     Approved _______________, 2024     ______________________________
                                        KIM REYNOLDS
                                        Governor
Statutes affected: 
Introduced: 80F.1
Reprinted: 80F.1
Enrolled: 80F.1